Class Notes (838,242)
United States (325,321)
Boston College (3,569)
POLI 2327 (25)
All (25)
Lecture 9

Complete Lecture 9 Notes

4 Pages
105 Views
Unlock Document

Department
Political Science
Course
POLI 2327
Professor
All Professors
Semester
Fall

Description
10/1/13 Lecture 9 • Prerogative power – traditional understanding of executive power that holds that in a case of an emergency, the executive can do things not authorized, and possibly contrary, to law o The executive is often the one person, when everything else is dysfunctional, to act – we look to that person to take control and act immediately  Becomes an issue for Lincoln (and Bush) o NOT LISTED AS POWER OF PRESIDENT…just assumed  If you have a president/executive, a prerogative power must be assumed • Constitution doesn’t include provisions for emergency powers • Luther v. Borden – Taney court o State of Rhode Island was mal-apportioned  Set up own government for state of Rhode Island – own Supreme Court • Gets arrested – is he innocent and if so under which government o Justice Taney said that there is no legal standard he could use to decide case… no clear law on this place…has to be worked out politically o Court should determine and have the final word of a case  modern position  Throughout US History, there is an alternative view where things could be decided politically as well o Guarantee Clause of the constitution – says that every state should have a republican form of government  Duty of the national government to make sure that states have free governments • Not aggressively litigated – just used as a floor in extreme cases • Preemption – conflict between a federal statute and state statute o If under Supremacy Clause, federal law wins  Don’t go to Commerce clause if there is a state law to prevent it • Andrew Jackson period o Founders are still old o Different public spirit within the country o When it comes to democracy, the founders were conflicted about it  Believed in popular government • Federalists, at least, were worried about too much democracy… threatened by mass democracy  Wanted popular government checked to balance • Jacksonians are very democratic o Jackson = backwoodsman, Indian-fighter, military guy o Many of the founders and people of the Federalist/Whig party mocked him tha
More Less

Related notes for POLI 2327

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit