The Courts – Executive and Legislative Conflicts and Powers

The Courts – Executive and Legislative Conflicts and Powers

The Courts – Executive and Legislative Conflicts and Powers

Question 1:

Descriptive statistics provide a snapshot of variables. They describe quantitative data by presenting the average or typical case. These types of descriptive statistics are called measures of central tendency. You can also describe data by showing how much the cases are spread out or clustered together. These types of statistics are called measures of dispersion. Measures of central tendency and measures of dispersions can be useful descriptors on their own, or they can be used as “building blocks” for more advanced statistics. The Courts – Executive and Legislative Conflicts and Powers

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Neither approach (measures of central tendency or measures of dispersion) is superior to the other. They are often used in combination with each other to provide a fuller description of variables. For this week’s Discussion, you will consider which type of descriptive statistics (measures of central tendency or measures of dispersion) would be useful in describing the information you need to evaluate the program, problem, or policy you selected for your Final Project.

For this Discussion:

• Review Chapter 12 in your course text, Research Methods for Public Administrators, paying particular attention to the section on “Characteristics of a Distribution.”
• Review the article, “Introduction to Descriptive Statistics,” paying particular attention to examples of descriptive statistics.
• Think of a specific purpose(s) for using descriptive statistics in your selected organization.
• Consider why descriptive statistics would be used for this purpose(s).
• Consider the type(s) of descriptive statistics you might use, and whether the use of other descriptive statistics, might be valuable for this purpose.

Review the Learning Resources for this week. Consider the types of descriptive statistics that would help answer your research question.

Post by Day 4 a description of the descriptive statistics that might work well for the Evaluation Design in United Way.  Explain how these statistics could be used, and justify why they are appropriate.

READINGS

• Johnson, G. (2014). Research methods for public administrators (3rd ed.). Armonk, NY: M. E. Sharpe.
  • Chapter 12, “Data Analysis for Description” (pp. 171–185)
• Taber, D. R., Chriqui, J. F., Powell, L., & Chaloupka, F. J. (2013). Association between state laws governing school meal nutrition content and student weight status: Implications for new USDA school meal standards. JAMA Pediatrics, 167(6), 513–519.
  Association between state laws governing school meal nutrition content and student weight status: implications for new USDA school meal standards by Taber, D. R., Chriqui, J. F., Powell, L., & Chaloupka, F. J. in JAMA Pediatrics, 167(6), 513-519. Copyright 2013 by American Medical Association.
  Reprinted by permission of American Medical Association via the Copyright Clearance Center.
• Carnochan, S., Samples, M., Myers, M., & Austin, M. J. (2013). Performance measurement challenges in nonprofit human service organizations. Nonprofit and Voluntary Sector Quarterly.
  Performance measurement challenges in nonprofit human service organizations by Carnochan, S., Samples, M., Myers, M., & Austin, M. J. in Nonprofit and Voluntary Sector Quarterly, [online]. doi: 10.1177/0899764013508009.  Copyright 2013 by Sage Publications.  Reprinted by permission of Sage Publications via the Copyright Clearance Center.
• Hill, J. (n.d.). Introduction to descriptive statistics. University of Illinois, Mathematics, Science and Technology Education. Retrieved June 7, 2014, from http://mste.illinois.edu/hill/dstat/dstat.html

MEDIA

• Laureate Education (Producer). (2013a). Central tendency and variability [Multimedia file].Baltimore, MD: Author.

  In this tutorial, Dr. Jennifer Ann Morrow reviews the various measures of central tendency and variability, and demonstrates how to calculate them using formulas and in SPSS.

  “Central tendency and variability” Transcript (PDF)

Question 2:

 

 

The powers of the Executive and Legislative branches of government are outlined in the Constitution and there is some degree of overlap, which ultimately leads to conflict between the two branches. For instance, both the president and the Congress have war powers. According to the Constitution, the president is the “…c ommander in chief of the Army, and Navy of the United States, and of the Militia of several states…” (Article 2, Section 2). Therefore, the president has the power to wage war. On the other hand, Congress has the power to declare war and controls funding for wars. Several presidents, including Presidents Truman, Johnson, Clinton, and Bush, have waged war without authorization from Congress, and thus have broken the law. When these and other conflicts arise between the executive and legislative branches of government, it is up to the courts to decide how they should be resolved. To do so, judges reference the Constitution and interpret the meaning of specific provisions when coming to a decision. The Courts – Executive and Legislative Conflicts and Powers

To prepare for this Discussion:

• Review the Constitution in Appendix E in the course text, Administrative Law and Politics: Cases and Comments. Consider the powers of the executive, legislative, and judicial branches. Think about how the executive and legislative powers overlap.
• Review the article, “The Use and Abuse of Power: The Supreme Court and the Separation of Powers.” Pay particular attention to the analyses of theImmigration and Naturalization Service v Chadha and Morrison v Olson cases. Think about the executive-legislative conflicts evident in each case and consider how the Supreme Court resolved the conflicts.
• Review the article, “The Supreme Court and the Powers of the Executive: The Adjudication of Foreign Policy.” Focus on the role of the Supreme Court in resolving executive-legislative conflicts related to foreign policy.
• Review the article, “Conflicts between the Commander in Chief and Congress: Concurrent Power over the Conduct of War.” Pay particular attention to how the Supreme Court intervened in executive-legislative conflicts regarding war powers.
• Using the Walden Library and/or the Internet, research one case discussed in the readings this week, or another of your choosing that involved an executive-legislative conflict.
• Consider arguments made by the executive and legislative members and/or groups.
• Think about how the Court came to a decision, noting how the Court justified the decision, using Constitutional provisions.

With these thoughts in mind:

Post by Day 3 a brief description of the case you selected. Then explain the arguments made by the executive and legislative members and/or groups. Be specific. Finally explain how the Court came to a decision, using specific Constitutional provisions. Again, be specific.

 

Question 3:

 

If you have not done so already, you probably are beginning to realize that the Constitution is somewhat vague in defining the powers of the executive and legislative branches. As a result, there is a lot of room for interpretation. Just as the courts interpret constitutional provisions to come to decisions about conflicts, presidents and Congress also interpret constitutional provisions to determine their breadth of power. In some cases, their interpretation is broad and they overstep their bounds. In such cases, the courts get involved. Sometimes, the courts validate the president’s or Congress’s interpretation of their powers. Other times, the courts constrain their powers. In this week’s readings, you look at several examples in which the courts constrained the powers of the president and Congress.To prepare for this Discussion:

• Review the Constitution in Appendix E in the course text, Administrative Law and Politics: Cases & Comments. Reflect on the powers of the executive and legislative branches.
• Review the article, “Nixon’s Shadow.” Consider how the courts constrained President Nixon’s executive privilege powers.
• Review the article, “Presidential Power and the United States Supreme Court.” Reflect on how presidential power is limited by the Supreme Court.
• Review the article, “Clinton v Jones: The Supreme Court Refuses to Expand the Doctrine of Presidential Immunity to Encompass a President’s Unofficial Acts.” Consider the Supreme Court’s decision regarding the Doctrine of Presidential Immunity.
• Review the article, “Congressional Alternatives in the Wake of City of Borne v Flores: The (Limited) Role of Congress in Protecting Religious Freedom from State and Local Infringement.” Think about how the Supreme Court limited the power of Congress in the City of Borne v Flores.
• Review the article, “Constitutional Law–Supreme Court Invalidates Federal Gun-Free Zones Act.” Reflect on how the Supreme Court’s decision constrained the power of Congress under the Commerce Clause.
• Using the Walden Library and the Internet, research one case discussed in the readings this week, or another of your choosing, in which the courts constrained the power of Congress or the president.
• Consider arguments made by the president or Congress.
• Think about how the court came to a decision, noting how the court justified the decision, using constitutional provisions.

With these thoughts in mind:

Post by Day 4 a brief description of the case you selected. Then, explain the arguments made by the president or Congress. Be specific. Finally, explain how the court came to a decision, using specific constitutional provisions. Again, be specific.

 

 

Readings

• Course Text: Harrington, C. B., & Carter, L. H. (2015). Administrative law and politics: Cases and comments (5th ed.). Washington, DC: CQ Press.
  • Appendix E, “The Constitution of the United States”
• Article: Amar, A. R. (1999). Nixon’s shadow. (Symposium: United States v Nixon: Presidential power and executive privilege twenty- five years later). Minnesota Law Review, 1405–1420.
• Article: Conkle, D. O. (1998). Congressional alternatives in the wake of City of Borne v Flores: The (limited) role of Congress in protecting religious freedom from state and local infringement. University of Arkansas at Little Rock Law Journal, 20, 633.
• Article: King, K. L. & Meernik, J. (1999). The Supreme Court and the powers of the executive: The adjudication of foreign policy. Political Research Quarterly, 52(4), 801–804.
• Article: Kirwan, K. A. (1995). The use and abuse of power: The Supreme Court and separation of powers. The Annals of the American Academy of Political and Social Science, 537(1), 76–84. Available Here.
• Article: Lobel, J. (2008). Conflicts between the commander in chief and Congress: Concurrent power over the conduct of war. Ohio State Law Journal, 69, 1–15.
• Article: Pettee, J. S. (1998). Clinton v Jones: The Supreme Court refuses to expand the Doctrine of Presidential Immunity to encompass a President’s unofficial acts. Journal of Contemporary Law, 24, 206.
• Article: Scott, J. M. (1996). Constitutional Law-Supreme Court invalidates federal Gun-Free Zones Act. University of Arkansas at Little Rock Law Journal, 18, 513.
• Article: Yates, J. & Whitford, A. (1998). Presidential power and the United States Supreme Court. Political Research Quarterly, 51(2), 539–5 50.

Yates

• Optional Resources

• Article: Devins, N. & Fisher, L. (2002). The steel seizure case: one of a kind? (Youngstown at fifty: a symposium). (President Trumans’ 1952 seizure of U.S. steel mills). Constitutional Commentary, 19, 63.
• Article: Rottinghaus, B. & Maier, J. (2007). The power of decree: Presidential use of executive proclamations, 1977-2005. Political Research Quarterly, 60(2), 338-343.
• Article: Samuels, D. J. & Shugart, M. S. (2003). Presidentialism, elections and representations. Journal of Theoretical Politics, 15(1), 33–60.
• Online Article: Burger, A. J. (n.d.). United States v Nixon: Certiorari before judgment to the United States court of appeals for the District of Columbia circuit. Retrieved October 27, 2009, from http://www.law.cornell.edu/supct/html/91-740.ZS.html
• Web Site: Index of Constitutional Provisionshttp://press-pubs.uchicago.edu/founders/indexes/constitutional_provisions_index.html

Each question has 200-330 words text citation