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U.S. Government Players and Processes in Federalism

Explore federalism, Congress, Executive Branch, Judicial System, State Courts, and U.S. Supreme Court intricacies in telecommunication decisions and influences.

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U.S. Government Players and Processes in Federalism

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  1. TC 310 May 13, 2008 Government Players and Processes

  2. Federalism • Definition • Versus Unitary and Confederation • Types of Powers • Reserved, granted, concurrent • Approaches • Dual • Cooperative • Why do we care?

  3. Congress • Bicameral Political Body • Create laws, not policy • 1996 Telecom Act vs. Computer III • Bills and Resolutions • Process • Introduction • Committee • Full House or Senate • Presentation to Full • Adjustments • President

  4. Influencing Congress • Lobbys & PACs: “Professional” Citizens • Citizens • Private contact • Public Hearings • http://thomas.loc.gov/

  5. Executive Branch • Headed by President • Cabinet • Independent Agencies • DoJ • FTC • FCC • DHS

  6. DoJ • Attorney General created 1789 • DoJ works under Attorney General • Agency Structure • Antitrust Division • Sherman Anti-Trust Act • Monopoly busting • Clayton Act • Mergers & acquisitions • Tying arrangements

  7. FTC • Consumer Protection is primary goal • Internally audited by the office of the Inspector General. • Why important for Telecommunications? • Rates • Competition • Mergers

  8. DHS • Seeks out vulnerabilities in Nation's security • Telecommunication Network is a vital part of security • Also wiretapping • Infrastructure • Internet

  9. Influencing the Executive Branch • Elections • Agencies are robust, rarely open to public • Hearings • Petitioning

  10. Judicial System • Specialized Courts (optional)‏ • District Courts • Mandatory Review • Court of Appeals • Mandatory Review • U.S. Supreme Court • Writ of certiorari • Issues of Law

  11. District and Appeal Courts • District • Trial court for federal system • 94 total districts • Lansing is Michigan Western District, Sixth Circuit • Court of Appeals • Districts collapse into 12 Circuits • Must hear all appeals

  12. State Courts • Generally function in a similar manner • Multi-leveled • Court of last resort • If larger issue at stake, may enter the federal court system

  13. U.S. Supreme Court • Made up of Nine Justices/ 1 Chief Justice • Appointed by President • Interested only in points of law. What does this mean? • Judicial Review • Marbury v. Madison (1803)‏

  14. Supreme Court Procedure • Court is petitioned • Petitioner v. Respondent • Accept when: • Resolve interpretation of federal law • Correct egregious mishandlings • Resolve federal law question, application in lower court • Briefs Filed • Oral Arguments • Decision by majority.

  15. Important to Telecom? • Policies and Laws regarding jurisdiction frequently find way to Supreme Court • Balance over Executive Agencies

  16. States • Parallel structure to federal government frequently • Are given jurisdiction: • PUCs • Local franchising • State courts • Telecommunication jurisdiction increasingly heading towards feds.

  17. Conclusion • Why is knowing agencies, procedures important? • How to influence process • How influence works • Who has power in what areas

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