Conflicts in Separation of Powers
Although the U.S. Constitution is frequently praised as providing the framework for one of the most balanced governmental systems in the world, it does have some conflicts. For example, there is an inherent conflict between Article I and Article II with respect to international trade. The president is the foreign negotiator, while Congress maintains regulatory power over trade. Think about what other conflicts you may have noticed in the Constitution. How can the government function with these types of conflicts? Which branch ends up winning?
To prepare for this assignment:
• Review Chapter 5, 5.5 in your course text, Constitutional Law: National Power and Federalism. Reflect on the roles of Congress and the president in foreign trade, negotiations, and affairs.
• Review the article, "Checks and Balances in Foreign Relations." Consider whether or not the U.S. government is inefficient because of separation of powers.
• Think about the conflict between the legislative and executive branches in negotiating free trade agreements.
• Consider how that conflict has been resolved to allow the president to negotiate free trade agreements.
• Explain the conflict between the legislative and executive branches in negotiating free trade agreements.
• Explain how that conflict has been resolved to allow the President to negotiate free trade agreements.
Resources-
• Course Text: Kanovitz, J. R. (2012). Constitutional law for criminal justice (14th ed.). New York, NY: Routledge
Review Chapter 1, "History, Structure, and Content of the United States Constitution"
Course Text: Constitutional Law: National Power and Federalism
Chapter 5:
5.5, "The Power over Foreign Affairs"
Chapter 7:
7.1, "Introduction and Overview
7.2, "Checks and Balances' and the Commingling of Powers"
7.3, "Textual versus Structural or Functional Arguments"
Article: Richardson, E. L. (1989). Checks and balances in foreign relations. The American Journal of International Law, 83(4), 736-739.
Use the LexisNexis Academic database, and search using the article's title.
Article: Sullivan, J. V. (2007). How our laws are made (Document No. 110-49). Retrieved from the Library of Congress: THOMAS website: http://thomas.loc.gov/home/lawsmade.toc.html