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"The Separation of Powers"

Blake, Shane, Mika, Laura, Isaac, Cameron
by

Bob Saggy

on 26 September 2013

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Transcript of "The Separation of Powers"

Controversy over the "Separation of Powers"
How Separation of Powers is on PAPER: The tip of the Iceberg.
In the eyes of each branch:
The Edward Snowden Controversy + the NSA:
Edward Snowden, CIA employee, leaked information to "The Guardian", saying the National Security Agency was spying on smartphone security in the United States: In LARGE numbers.
Considered the biggest leak since the "Pentagon Papers" by Daniel Ellsburg.
Fled to Russia and Hong Kong to escape U.S. Jurisdiction: He would be considered a traitor in Supreme Court.
Now, the branches of government are using their separate powers in regards to this controversy.
Remember, the PEOPLE (people informed on this subject) have MIXED feelings about Snowden.
One of the deepest, most scholarly ways of defining "Separation of Powers":
The "State" (the United States Government) is divided into branches, with "separate and independent" powers: they all have their own responsibilities.
Typically, these THREE entities consist of the LEGISLATIVE, EXECUTIVE, and JUDICIAL branches.
These branches are delegated certain powers, and therefore no branch is able to hold absolute power. Their powers intermingle, so there is a little say within each branch.
Executive Views
President Obama is in charge of enforcing the laws, and when they added a clause to the Patriot Act, the public should have known the effects.
President Obama and the executive branch have said it is OK to monitor the public's phone conversations, under the Patriot Act that was passed after 9/11 in 2001 by President Bush. (Catch: President Bush made it so individuals have to be tried to be spied on: NSA and FISA made it so thousands of people could be without trial.)
He has come to this point for the sake of national security, although other branches and the public do not completely agree with this idea.
It is difficult to enforce this kind of law and have the Public be aware without the help of Congress.

As presented by:
Blake Ohanesian
Laura Young
Shane Siegelman
Isaac Lopez
Mika Pascual
Cameron Frye

A Quick Explanation of Powers Delegated:
Legislature:
Executive:
Judiciary:
Budget controls.
Law-making power.
Borrow money.
International Trade.
Rules of Naturalization.
Coin money.
Science/Arts promotions.
Tribunals inferior to Supreme Court.
Navy/Militia.
Laws "Necessary and Proper".
Head of State.
Commander in Chief of the Army and Navy.
Maintain a Cabinet.
Reprieves and Pardons.
Appoint Judges of the Supreme Court.
Make Treaties.
ENFORCE the law.
Fill Vacancies in Senate.
State of Union Address.
Convene/Adjourn Congress.
Judge Constitutionality of Laws and treaties.
Settle disputes between states.
Judging treason on someone's part.
High crimes.
Choose the punishment of treason,
Interprets the Constitution.
How can this cause Controversy?
All branches must agree, or else:
Nothing gets done (or) Things get done very slowly.
"Separate but Overlapping" Powers are not mentioned in the Constitution.
Checks and Balances can possibly lead to political stalemate.
Parties influence when certain branches fight:
Example: Executive=Democrat, H.O.R.= Republican.
Legislature Views:
We are the law-making body. We are under pressure to make regulations against/for these kinds of privacy invasions, but the President must enforce them: that is his job, not ours.
John Boehner (R), Diane Feinstein (D), and Bill Nelson (D) believe he should be prosecuted for espionage/treason.
Thomas Massie (R), Ted Cruz (R), and Rand Paul (R) are indifferent.
Justin Amash (R) and John Conyers (D) propose Auth. act to regulate the NSA.
We can only vote AGAINST ideas if we are this divided.
Judiciary Views:
We can determine the constitutionality of the law, and apply it (judicial review). Though this is true, it is up to the President to carry it out and enforce it. This case has not come to our power yet, though.
The Judiciary will have power over the inferior courts in Congress, to determine whether these actions were constitutional.
"Invasion of privacy".. has the executive branch gone too far?
The Patriot Act was judged Constitutional, but has the Congress brought the new clause that was added to our attention?
It's not in our power to get Snowden back, or judge whether WHAT HE DID was constitutional.

QUIZ TIME!
Correct Answers:
THANK YOU!!!!!!!
Blake, Shane, Laura, Mika,
Isaac, Cameron
A. The uninvolved branch decides.
B. Nothing.
C. The President decides.
D. Brought to a vote.
1. What does the constitution say about powers that overlap from different branches?
2. What did the executive branch say makes it okay to monitor the public’s phones?


A. National Security
B. Executive Order
C. Patriot Act
D. Judicial Review



3. Which branch of government has the power to create the laws?



A. Legislative
B. Executive
C. Judicial
D. Legislative and
Executive



4. Which branch of government could legally decide if Edward Snowden is a traitor for escaping the U.S.?

A. Judicial
B. Executive
C. Judicial and Legislative
D. Executive and Legislative



5. Who chooses the commander in chief of the army and navy?


A. The Senate
B. House of Reps
C. The President
D. None of the Above
1. What does the constitution say about powers that overlap from different branches?
B. It doesn’t actually say anything which causes controversy.

2. What did the executive branch say makes it okay to monitor the public’s phones?
C. Patriot Act passed by former president Bush after 9/11.
3. Which branch of government has the power to create the laws?
A. Legislative makes the laws, executive enforces it, judiciary constitutionally approves it.

4. Which branch of government could legally decide if Edward Snowden is a traitor for escaping the U.S.?
A. Judicial: Supreme court can decide who’s a traitor.
5. Who chooses the commander in chief of the army and navy?
D. None since the president is already entitled the role.
Full transcript