1. Outline the character of the American judiciary by discussing: A) the differences between trial and appellate courts, with exapmles; Trial courts contain a jury and a judge and decide the facts of a civil or criminal case as well as interpreting the law to the best of their ability. All facts decided in trial courts are final and cannot be redecided. Appellate courts may not have a jury and do not change any of the facts that were decided in the trial court. They can, however, redecide the application or interpretation of the law. B) the process of selecting federal judges; Federal judges are selected by the President. They require Congressional confirmation to be successfully appointed. Federal judges of Circuit courts do not require Congressional confirmation, but are still appointed by the President. C) the origin of judicial review and the controversy over its use; and The tradition of judicial review began in the Supreme Court case of Marbury v. Madison where Marbury was denied his commission papers and demanded them according to a law. The Supreme Court deemed this law unconstitutional and struck it down. D) the obstacles to Supreme Court authority when implementing its decisions. The major obstavle to the authority of the Supreme Court is its lack of enforcement power. The Supreme Court, being part of the judicial branch, must rely on the executive branch to carry out and enforce its decisions. The justices of the Supreme Court must consider this before making decisions on controversial matters. 2. The presidency has formal powers deriving from the Constitution, acts of Congress, and judicial opinions. Although all modern presidents share the same formal powers, each uses the more or less effectively, depending on his native skills, the quality of the perople serving him, and the circumstances beyond his control. A) Discuss, with details, the formal powers of the president as wt out in the Constitution and B) Discuss, with specific examples, how acts fo Congress, presidential actions, and judicial opinions have affected presidential power. 3. The bureaucracy is essential to any modern day government, but the growth of the administrative state has undermined teh effective operation of the separation of powers. This makes divided government almost inevitable, regardless of partisan control of the institutions. Discuss the shift of powers from congress to the executive branch from a historical perspective. Make reference to Supreme Court casaes and other developments where appropriate. Discuss the implications of this shift. 4. The framers had no intention of making Congress all-powerful. The reserved certain authority to the states and to the people and gave other powers to the executive and judicial branches of the national government. Disucss this with specific reference to the constitution. In addition, cite and discuss the content of at least 5 Supreme Court cases that deal with congressional authority, reserved powers, executive power, or judicial power. 5. A) How does the US Supreme Court's decision-making process work? Describe each step in the Court's process of deciding a case, beginning with a petition for review and ending with the announcement of the decision. Trace the various steps cases go through to the Supreme Court. Explain the considerations in volved at each level. B) Assume tha tyou are the principal attorney for a group that wants a case to reach the Supreme Court. Outline some possible and practical strategies for your clients. 6. It is in committees that the real work of Congress is done and where most of the power is found. Discuss this statement with specific reference to: A) standing committees; B) conference committees; C) committee chairs; D) seniority; E) Rules Committee; F) role of leadership (Speaker of the House); and G) party organization. 7. There are many pitfalls along the way of the legislative process. Few bills that are introduced make it through to final passage and signing by the president. Discuss the legislative process, identifying the key influences on the behavior of Members of Congress individually and collectively that occur throughout the process. At what stages of the legislative process can a bill be delayed or killed? What are the principal forces at issue during these stages? 8. The actual nature of the "executive power" that the Constitution grants to the president is not clear, and presidents have given it different interpretations. Discuss which powers are quite clear and which leave room for ambiguity. What kinds of circumstances, with examples, seem to clarify these powers?