POLSCI 389 Chapter Notes - Chapter 1: Fair Labor Standards Act, Tenth Amendment To The United States Constitution, Commerce Clause

• School: U of M
• Department: Political Science
• Course: POLSCI 389
• Professor: Charles Adside

Document Summary

2 stage appointment process creates possibility of deadlock. Pres has advantages over senate (not equal players): Pres has an agenda-setting advantage only consequence of a rejected nominee is that pres can choose again. Senate only possesses a negative power: does not have formal authority to dictate a selection after a nomination, burden rests on opposition senators to change the course of action. only 18% of nominations have failed confirmation. Warren court after wwii: viewed as defender of minority rights" and civil liberties. We live under a national, not a federal, constitution. National league of cities (nlc) v. usery: congress"s attempt to apply fair labor standards act to state/local gov employees was unconstitutional + violated the 10th. Amendment (diff from warren court"s view of 10th a as a mere truism") 1985: court reversed nlc altogether in garcia v. san antonio metropolitan transit authority. 1991: began series of court decisions rooted in federalist principles.