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Premium member Presentation Transcript Executive and Judicial Branches: Executive and Judicial Branches LIS 60611Overview: Overview Executive Branch President Office of the President Administrative Law/Regulations Judicial Branch Supreme Court Lower Courts Judicial Law/Case LawExecutive Branch enforces laws: Executive Branch enforces laws Executive Branch: Executive Branch President Vice President Executive Office of the President Executive Departments Permanent and Temporary AgenciesPresident: President Administrative Head Commander in Chief 4 year term May serve a 2nd term Presidential Powers: Presidential Powers Makes Treaties Nominates and appoints Judges Ambassadors Government Officials Transmits the Budget to CongressVice President: Vice President President of the Senate Successor to the Presidency Death or resignation of sitting President Participates in Cabinet meeting Member of National Security Council Member of Smithsonian Institution Board of Regents The Cabinet: The Cabinet Advises the President Members Vice President Heads of the 15 Executive Departments Presidential appointees Bush Administration – 5 additional members Executive Office of the President: Executive Office of the President White House Office Office of the Vice President Council of Economic Advisors Council on Environmental Quality National Security Council Office of Administration Office of Management and BudgetExecutive Office, continued: Executive Office, continued Office of National Drug Control Policy Office of Policy Development Domestic Policy Council National Economic Council Office of Science and Technology Policy Office of the United States Trade Representative Executive Departments: Executive Departments Agriculture Commerce Defense Education Energy Health and Human Services Homeland Security Housing and Urban Development Interior Justice Labor State Transportation Treasury Veteran’s AffairsCategories of Presidential Documents: Categories of Presidential Documents Published Executively controlled Official Personal Published Documents: Published Documents Messages Announcements Bill signings/vetoes Administrative orders Proclamations and executive ordersExecutive Orders: Executive Orders Constitutional authority Direct executive agencies Numbered consecutively E.O. 13198Proclamations: Proclamations Ceremonial Substantive Export controls Tariffs Federal Lands Numbered consecutively Proclamation 7135 Federal Register: Federal Register Established 1936 Presidential Documents Executive Orders Proclamations Administrative Orders and Miscellaneous Documents Citation 63 FR 55309 Title 3 CFR: Title 3 CFR The President Began in 1936 Cumulated periodically Text of documents signed in calendar year Only volume of CFR not to supersede annually Weekly Compilation of Presidential Documents: Weekly Compilation of Presidential Documents Transcripts Public Speeches Messages to Congress Approved Laws Nominations Checklist of Whitehouse releases Cumulative Index Availability: Availability GPO Access Libraries may have print Public Papers of the Presidents: Public Papers of the Presidents 1957 (Herbert Hoover) - Contains Presidential speeches News conferences, messages, and statements Communications to Congress Executive orders and proclamations Nominations and appointmentsPublic Papers of the Presidents: Public Papers of the Presidents 1977 – present All materials originally published in Weekly Compilation of Presidential Documents Subject and name indexes Supplementary materialsA Compilation of the Messages and Papers of the Presidents, 1789-1897 : A Compilation of the Messages and Papers of the Presidents, 1789-1897 Washington-McKinley Supplements 1897-1902 Supplement Bureau of National Literature 1897-1922Codification of Presidential Proclamations and Executive Orders: Codification of Presidential Proclamations and Executive Orders 1945-1989 Subject arrangement AE 2.113: www.archives.gov/federal_register/codification/codification.html Additional Sources: Additional Sources Papers of the Presidents of the United States http://www.yale.edu/lawweb/avalon/presiden/presiden.htm The American Presidency Project http://www.presidency.ucsb.edu/site/docs/index_pppus.php Portraits of the Presidents from the National Portrait Gallery http://www.npg.si.edu/exh/travpres/index6.htmFederal Budget: Federal Budget Initiated by Executive Branch President sends proposed budget to Congress Finalized by Congress Office of Management and Budget Budget of the United States Government: Budget of the United States Government Proposed budget for the next fiscal year Multiple volumes Appendix volume Detailed budget for each agency Program-by-program listings Tables provide proposed budget figures and estimated and actual figures for previous two yearsEconomic Report of the President: Economic Report of the President General view of overall economy Analysis of economic situation Overview of administration’s economic policy Critiqued by Congress’s Joint Economic Report Presidential Libraries: Presidential Libraries Built with private funds Administered by NARA House papers and personal mementos More museum than libraryLibrary of Congress Presidential Papers Collection: Library of Congress Presidential Papers Collection First 23 presidents Washington – Coolidge Selected papers online Washington Lincoln Theodore Roosevelt http://memory.loc.gov/ammem/presprvw/prsprvw.htmlAdvisory Committees: Advisory Committees Assist President, Agencies, or Congress No legislative or enforcement status Recommendations not bindingPresidential Advisory Committees: Presidential Advisory Committees Annual Report of the President on Federal Advisory Committees FACA Database http://www.fido.gov/facadatabase/ Encyclopedia of Governmental Advisory Organizations New Governmental Advisory Organizations Rules and Regulations: Rules and Regulations Brief History: Brief History 1887 – Interstate Commerce Commission Progressive Era New Deal Era 1935 – Panama Refining Company v. Ryan 293 US 388 Federal Register Act: Federal Register Act 1935 Central location Federal Register (FR) 1937 amendment Codification Code of Federal Regulations (CFR)Administrative Procedure Act: Administrative Procedure Act 1946 Due process Rules must be published 30 day waiting period Public participation Notice of proposed rules Comments Legal basisRegulation Triggers: Regulation Triggers Legislation Executive Orders/ OMB Directives Court Orders Agency initiatives Petitions Other factors Slide43: Public Law Federal Register Proposed Rule (Request for Public Comments) Code of Federal Regulations Federal Register Rule AgencyFederal Register: Federal Register Published daily Arranged alphabetically by agency Contains Proposed rules Final rules Notices Presidential documents Lists of Sunshine Act meetingsEffects of Publishing in FR: Effects of Publishing in FR Official notice Legal authority Evidentiary status Shows how CFR will be affectedOrganization of FR: Organization of FR Presidential Documents Rules and Regulations Proposed Rules Notices Corrections Separate Parts Reader AidsFinding Information: Finding Information Federal Register Table of Contents CFR Parts Affected Reader Aids Federal Register Index List of CFR Sections Affected OnlineAccess: Access GPO Access LexisNexis Congressional/Academic Libraries frequently have print/ficheCode of Federal Regulations: Code of Federal Regulations Created in 1937 Codified version Regulations Generally applicable Currently in effect CFR Organization: CFR Organization 200+ volumes, 50 Titles Subject arrangement Revised and reissued annually Titles 1-16 – January 1 Titles 17-27 – April 1 Titles 28-41 – July 1 Titles 42-50 – October 1 Numbering System: Numbering System Title 21 Food and Drugs Chapter 1 Food and Drug Admin. Part 101 Food Labeling Section 101.9 Nutrition labeling of food Paragraph 101.9(a) Nutrition information relating to food … Citation: Citation Part 21 CFR 101 Section 21 CFR 101.9 Specific paragraph 21 CFR 101.9 (a)(2)(i)(A) et seq.Incorporation by Reference: Incorporation by Reference Not published in FR or CFR Enforced as if published Voluntary standards already in use ANSI ASTM State laws or regulationsUsing the CFR: Using the CFR Volume Table of Contents Finding Aids Index volume Authorities Table Subject Index List of CFR Sections Affected Availability: Availability GPO Access LexisNexis Congressional/Academic Libraries frequently have print/ficheJudicial Branch interprets and applies laws: Judicial Branch interprets and applies laws Judicial Branch: Judicial Branch Supreme Court Lower Courts Appellate Courts Trial Courts Administrative Office of the U.S. Courts Federal Judicial Center U.S. Sentencing CommissionFederal Court Cases: Federal Court Cases United States is a party Federal-question Residents of different states ($75,000) Bankruptcy, copyright, patent, maritime law Some criminal casesPrecedent: Precedent Decisions based on prior cases Own court Higher courts Higher courts not bound by lower court decisionsTrial Courts: Trial Courts 94 Judicial District Courts US Bankruptcy Court U.S. Court of International Trade U.S. Court of Federal Claims Appellate Courts: Appellate Courts 12 Regional Courts of Appeals 1 Federal Circuit Court of AppealsThe Lower Courts: The Lower Courts Trial Courts resolve disputes Determine facts Apply legal principles Appellate courts determine whether law was applied correctly Supreme Court: Supreme Court 9 Justices Chief Justice 8 Associate Justices Presidential appointment Appointed for lifeSupreme Court Cases: Supreme Court Cases Court of last resort Federal Appellate Courts State Supreme Courts Original jurisdiction Foreign diplomats StatesSupreme Court: Supreme Court October – June Sittings Recesses Caseload 7,000 cases/year Oral arguments for 100 casesCase Heard: Case Heard Decision Uphold or reverse lower court decision Opinion Legal reasoning behind decision Majority opinion Concurring opinion Dissenting opinionSupreme Court Decisions: Supreme Court Decisions Slip Opinions Official Reports of the Supreme Court United States Reports GPO Commercial versions have additional featuresReading Citations: Reading Citations Miranda v. Arizona, 384 U.S. 436 (1966); 86 S.Ct. 1602; 16 L.Ed. 2d. 694. Parallel citations 384 U.S. 436 (1996) – United States Reports 86 S.Ct.1602 – Supreme Court Reporter 16 L.Ed. 2d. 694 – Lawyer’s Edition Web Access: Web Access Supreme Court website – http://www.supremecourtus.gov/ GPO Access http://www.gpoaccess.gov FindLaw: U.S. Supreme Court Decisions http://findlaw.com/casecode/ Cornell’s Supreme Court Collection http://supct.law.cornell.edu/supct/ LexisNexis Academic Lower Court Decisions: Lower Court Decisions Commercially published LexisNexis Academic Some free web Cornell’s Federal Law Materials: Judicial Opinions http://www.law.cornell.edu/federal/opinions.html Findlaw http://www.findlaw.comPrint Access: Print Access Supreme Court Many libraries United States Reports Commercial Reporters Compilations of significant cases Lower Courts Some large academic and public Primarily law libraries Additional Resources: Additional Resources Understanding the Federal Courts http://www.uscourts.gov/understand03/ US Courts http://www.uscourts.gov/ Historic U.S. Court Cases: An Encyclopedia You do not have the permission to view this presentation. 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Ex J Silvestre Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 75 Category: Entertainment License: All Rights Reserved Like it (1) Dislike it (0) Added: February 25, 2008 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Executive and Judicial Branches: Executive and Judicial Branches LIS 60611Overview: Overview Executive Branch President Office of the President Administrative Law/Regulations Judicial Branch Supreme Court Lower Courts Judicial Law/Case LawExecutive Branch enforces laws: Executive Branch enforces laws Executive Branch: Executive Branch President Vice President Executive Office of the President Executive Departments Permanent and Temporary AgenciesPresident: President Administrative Head Commander in Chief 4 year term May serve a 2nd term Presidential Powers: Presidential Powers Makes Treaties Nominates and appoints Judges Ambassadors Government Officials Transmits the Budget to CongressVice President: Vice President President of the Senate Successor to the Presidency Death or resignation of sitting President Participates in Cabinet meeting Member of National Security Council Member of Smithsonian Institution Board of Regents The Cabinet: The Cabinet Advises the President Members Vice President Heads of the 15 Executive Departments Presidential appointees Bush Administration – 5 additional members Executive Office of the President: Executive Office of the President White House Office Office of the Vice President Council of Economic Advisors Council on Environmental Quality National Security Council Office of Administration Office of Management and BudgetExecutive Office, continued: Executive Office, continued Office of National Drug Control Policy Office of Policy Development Domestic Policy Council National Economic Council Office of Science and Technology Policy Office of the United States Trade Representative Executive Departments: Executive Departments Agriculture Commerce Defense Education Energy Health and Human Services Homeland Security Housing and Urban Development Interior Justice Labor State Transportation Treasury Veteran’s AffairsCategories of Presidential Documents: Categories of Presidential Documents Published Executively controlled Official Personal Published Documents: Published Documents Messages Announcements Bill signings/vetoes Administrative orders Proclamations and executive ordersExecutive Orders: Executive Orders Constitutional authority Direct executive agencies Numbered consecutively E.O. 13198Proclamations: Proclamations Ceremonial Substantive Export controls Tariffs Federal Lands Numbered consecutively Proclamation 7135 Federal Register: Federal Register Established 1936 Presidential Documents Executive Orders Proclamations Administrative Orders and Miscellaneous Documents Citation 63 FR 55309 Title 3 CFR: Title 3 CFR The President Began in 1936 Cumulated periodically Text of documents signed in calendar year Only volume of CFR not to supersede annually Weekly Compilation of Presidential Documents: Weekly Compilation of Presidential Documents Transcripts Public Speeches Messages to Congress Approved Laws Nominations Checklist of Whitehouse releases Cumulative Index Availability: Availability GPO Access Libraries may have print Public Papers of the Presidents: Public Papers of the Presidents 1957 (Herbert Hoover) - Contains Presidential speeches News conferences, messages, and statements Communications to Congress Executive orders and proclamations Nominations and appointmentsPublic Papers of the Presidents: Public Papers of the Presidents 1977 – present All materials originally published in Weekly Compilation of Presidential Documents Subject and name indexes Supplementary materialsA Compilation of the Messages and Papers of the Presidents, 1789-1897 : A Compilation of the Messages and Papers of the Presidents, 1789-1897 Washington-McKinley Supplements 1897-1902 Supplement Bureau of National Literature 1897-1922Codification of Presidential Proclamations and Executive Orders: Codification of Presidential Proclamations and Executive Orders 1945-1989 Subject arrangement AE 2.113: www.archives.gov/federal_register/codification/codification.html Additional Sources: Additional Sources Papers of the Presidents of the United States http://www.yale.edu/lawweb/avalon/presiden/presiden.htm The American Presidency Project http://www.presidency.ucsb.edu/site/docs/index_pppus.php Portraits of the Presidents from the National Portrait Gallery http://www.npg.si.edu/exh/travpres/index6.htmFederal Budget: Federal Budget Initiated by Executive Branch President sends proposed budget to Congress Finalized by Congress Office of Management and Budget Budget of the United States Government: Budget of the United States Government Proposed budget for the next fiscal year Multiple volumes Appendix volume Detailed budget for each agency Program-by-program listings Tables provide proposed budget figures and estimated and actual figures for previous two yearsEconomic Report of the President: Economic Report of the President General view of overall economy Analysis of economic situation Overview of administration’s economic policy Critiqued by Congress’s Joint Economic Report Presidential Libraries: Presidential Libraries Built with private funds Administered by NARA House papers and personal mementos More museum than libraryLibrary of Congress Presidential Papers Collection: Library of Congress Presidential Papers Collection First 23 presidents Washington – Coolidge Selected papers online Washington Lincoln Theodore Roosevelt http://memory.loc.gov/ammem/presprvw/prsprvw.htmlAdvisory Committees: Advisory Committees Assist President, Agencies, or Congress No legislative or enforcement status Recommendations not bindingPresidential Advisory Committees: Presidential Advisory Committees Annual Report of the President on Federal Advisory Committees FACA Database http://www.fido.gov/facadatabase/ Encyclopedia of Governmental Advisory Organizations New Governmental Advisory Organizations Rules and Regulations: Rules and Regulations Brief History: Brief History 1887 – Interstate Commerce Commission Progressive Era New Deal Era 1935 – Panama Refining Company v. Ryan 293 US 388 Federal Register Act: Federal Register Act 1935 Central location Federal Register (FR) 1937 amendment Codification Code of Federal Regulations (CFR)Administrative Procedure Act: Administrative Procedure Act 1946 Due process Rules must be published 30 day waiting period Public participation Notice of proposed rules Comments Legal basisRegulation Triggers: Regulation Triggers Legislation Executive Orders/ OMB Directives Court Orders Agency initiatives Petitions Other factors Slide43: Public Law Federal Register Proposed Rule (Request for Public Comments) Code of Federal Regulations Federal Register Rule AgencyFederal Register: Federal Register Published daily Arranged alphabetically by agency Contains Proposed rules Final rules Notices Presidential documents Lists of Sunshine Act meetingsEffects of Publishing in FR: Effects of Publishing in FR Official notice Legal authority Evidentiary status Shows how CFR will be affectedOrganization of FR: Organization of FR Presidential Documents Rules and Regulations Proposed Rules Notices Corrections Separate Parts Reader AidsFinding Information: Finding Information Federal Register Table of Contents CFR Parts Affected Reader Aids Federal Register Index List of CFR Sections Affected OnlineAccess: Access GPO Access LexisNexis Congressional/Academic Libraries frequently have print/ficheCode of Federal Regulations: Code of Federal Regulations Created in 1937 Codified version Regulations Generally applicable Currently in effect CFR Organization: CFR Organization 200+ volumes, 50 Titles Subject arrangement Revised and reissued annually Titles 1-16 – January 1 Titles 17-27 – April 1 Titles 28-41 – July 1 Titles 42-50 – October 1 Numbering System: Numbering System Title 21 Food and Drugs Chapter 1 Food and Drug Admin. Part 101 Food Labeling Section 101.9 Nutrition labeling of food Paragraph 101.9(a) Nutrition information relating to food … Citation: Citation Part 21 CFR 101 Section 21 CFR 101.9 Specific paragraph 21 CFR 101.9 (a)(2)(i)(A) et seq.Incorporation by Reference: Incorporation by Reference Not published in FR or CFR Enforced as if published Voluntary standards already in use ANSI ASTM State laws or regulationsUsing the CFR: Using the CFR Volume Table of Contents Finding Aids Index volume Authorities Table Subject Index List of CFR Sections Affected Availability: Availability GPO Access LexisNexis Congressional/Academic Libraries frequently have print/ficheJudicial Branch interprets and applies laws: Judicial Branch interprets and applies laws Judicial Branch: Judicial Branch Supreme Court Lower Courts Appellate Courts Trial Courts Administrative Office of the U.S. Courts Federal Judicial Center U.S. Sentencing CommissionFederal Court Cases: Federal Court Cases United States is a party Federal-question Residents of different states ($75,000) Bankruptcy, copyright, patent, maritime law Some criminal casesPrecedent: Precedent Decisions based on prior cases Own court Higher courts Higher courts not bound by lower court decisionsTrial Courts: Trial Courts 94 Judicial District Courts US Bankruptcy Court U.S. Court of International Trade U.S. Court of Federal Claims Appellate Courts: Appellate Courts 12 Regional Courts of Appeals 1 Federal Circuit Court of AppealsThe Lower Courts: The Lower Courts Trial Courts resolve disputes Determine facts Apply legal principles Appellate courts determine whether law was applied correctly Supreme Court: Supreme Court 9 Justices Chief Justice 8 Associate Justices Presidential appointment Appointed for lifeSupreme Court Cases: Supreme Court Cases Court of last resort Federal Appellate Courts State Supreme Courts Original jurisdiction Foreign diplomats StatesSupreme Court: Supreme Court October – June Sittings Recesses Caseload 7,000 cases/year Oral arguments for 100 casesCase Heard: Case Heard Decision Uphold or reverse lower court decision Opinion Legal reasoning behind decision Majority opinion Concurring opinion Dissenting opinionSupreme Court Decisions: Supreme Court Decisions Slip Opinions Official Reports of the Supreme Court United States Reports GPO Commercial versions have additional featuresReading Citations: Reading Citations Miranda v. Arizona, 384 U.S. 436 (1966); 86 S.Ct. 1602; 16 L.Ed. 2d. 694. Parallel citations 384 U.S. 436 (1996) – United States Reports 86 S.Ct.1602 – Supreme Court Reporter 16 L.Ed. 2d. 694 – Lawyer’s Edition Web Access: Web Access Supreme Court website – http://www.supremecourtus.gov/ GPO Access http://www.gpoaccess.gov FindLaw: U.S. Supreme Court Decisions http://findlaw.com/casecode/ Cornell’s Supreme Court Collection http://supct.law.cornell.edu/supct/ LexisNexis Academic Lower Court Decisions: Lower Court Decisions Commercially published LexisNexis Academic Some free web Cornell’s Federal Law Materials: Judicial Opinions http://www.law.cornell.edu/federal/opinions.html Findlaw http://www.findlaw.comPrint Access: Print Access Supreme Court Many libraries United States Reports Commercial Reporters Compilations of significant cases Lower Courts Some large academic and public Primarily law libraries Additional Resources: Additional Resources Understanding the Federal Courts http://www.uscourts.gov/understand03/ US Courts http://www.uscourts.gov/ Historic U.S. Court Cases: An Encyclopedia