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Lecture 9

Complete Lecture 9 Notes

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Political Science
POLI 2327
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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
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