Examples of unitary executive theory in the following topics:
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- In the United States, the President derives these powers from the loosely worded statements in the Constitution that "the executive Power shall be vested in a President" and that the President should "take care that the laws be faithfully executed"; defined through practice rather than through constitutional or statutory law.
- Inherent powers come from the president's role as chief executive.
- It says all executive power is vested in the president.
- Supporters of the unitary executive theory argue that this means that the president's power, particularly the inherent power that come with being commander in chief, are open ended and cannot be checked by the other two branches.
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- The president is the head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed. " The executive branch has over four million employees, including members of the military.
- Historically, two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy.
- The first is executive privilege, which allows the president to withhold from disclosure any communications made directly to the president in the performance of executive duties.
- In other words, they did not expect a strong executive.
- Nelson believes presidents over the past thirty years have worked towards "undivided presidential control of the executive branch and its agencies. " She criticizes proponents of the unitary executive for expanding "the many existing uncheckable executive powers – such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements – that already allow presidents to enact a good deal of foreign and domestic policy without aid, interference or consent from Congress."
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- One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch.
- There have been concerns about congressional oversight of executive actions such as warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions.
- There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress.
- They also perform the function of oversight by monitoring the executive branch and investigating wrongdoing.
- Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies.
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- Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
- Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.
- Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories on democracy and how a government should be set up, legislative supremacy and separation of powers.
- The separation of powers is another theory about how a democratic society's government should be organized.
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- Dual federalism is a theory of federal constitutional law in the United States where governmental power is divided into two separate spheres.
- The theory originated within the Jacksonian democracy movement against the mercantilist American system and centralization of government under the Adams administration during the 1820s.
- President Jackson used the theory as part of his justification in combating the national bank and the Supreme Court moved the law in the direction of dual federalism.
- The Court used the theory to underpin its rationale in cases where it narrowed the meaning of commerce and expanded state authority through enlarging state police power.
- The Democratic-Republicans believed that the Legislative branch had too much power and was unchecked, the Executive branch had too much power and was unchecked, and that a Bill of Rights should be coupled with the Constitution to prevent a dictator from exploiting citizens.
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- In theory, this procedure allows both the executive and legislative branches to have some power over the judiciary and thus check the judicial branch's power.
- The judicial branch, however, holds the potential to nullify laws approved by the legislative branch, disregard the executive branch, and, (in essence) control the rule of law in the United States in accordance to the opinions of its sitting justices.
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- Social contract theory has been influential in America ever since the "Mayflower Compact".
- To execute someone in the US requires unanimity of the jurors and judge but not the unanimity of all parties, which would include the defendant!
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- Judicial federalism is a theory that the judicial branch has a place in the check and balance system in U.S. federalism.
- Therefore, Congress may have power to make some legislative or executive actions non-reviewable.
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- Adam Smith (1723-1790), one of the earliest classical economists, refers to public opinion in his Theory of Moral Sentiments.
- But it was Jeremy Bentham (1748-1832), the famous utilitarian Philosopher, who fully developed theories of public opinion.
- He brought in Utilitarian philosophy in order to define theories of public opinion.
- The German sociologist Ferdinand Tönnies, by using the conceptional tools of his theory of Gemeinschaft and Gesellschaft, argued (1922, "Kritik der öffentlichen Meinung"), that 'public opinion' has the equivalent social function in societies (Gesellschaften) which religion has in communities (Gemeinschaften) - election of opinions of many different people and the sum of all their views.
- Additionally, mass media utilizes a wide variety of advertising techniques to get their message out and change the minds of people.The tide of public opinion becomes more and more crucial during political elections, most importantly elections determining the national executive.
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- The study of formally defined voting systems is called social choice theory, a subfield of political science, economics, and mathematics.
- The plurality voting system is a single-winner voting system often used to elect executive officers or to elect members of a legislative assembly that is based on single-member constituencies .