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Course

Professor

Date

Please explain Regular Order; explain the full impact of the absence of regular order

The regular order refers to those precedents, rules or customs applying to the United

States Congress that are necessary for a sensible policy-making procedure. Included in this

deliberative process are assessments of the debacle at hand that provides for undertaking in-

depth research of alternative solutions and concluding with the final judgment. It involves

discussions that are inclusive of all parties involved. The absence of the regular order often

creates fertile ground for the majority imposing its own will without requiring the minority in the

debate. A typical example is the case of a president with a majority in the Congress facing the

appropriation and congressional budget. Return to regular order is invoked when the president

misses his budget request budget and fails to convene conference committees.

Recently, the Federal Government has passed a law that requires all high school students to

pass a standardized national test before they can receive their high school diploma. The

federal government will penalize states that do not comply with this law and pay $300 per

high school student in their respective states if the student fails to take or pass the test. The

people of Wyoming feel that this is wrong but cant figure out why. Wyoming asks for your

political opinion on this.

A. Can the Federal Government constitutionally target Wyoming or other

states in this manner?

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The Federal Government can only pass directives but cannot constitutionally target these

States as its not their role to see that they are implemented. The government is tasked with

ensuring that all its educational officers follow due procedure in the matters education and in

providing that all laws are implemented.

B. Which fundamental principles would such a law violate, if any, how and

why?

The sovereignty of these states would be violated, which in against the principle that requires

autonomy amongst them.

C. Wyoming has passed a state law which targets all goods and products

supplied by the Great and Mighty State of Montana a special tax of 80%

which Montana sellers have to pay. Montana complains, why and what is

the basis of their complaint?

The basis of this claim lies in the fact that these goods are not emanating from overseas,

but locally. Taxing Montana is therefore illegal since the products are already imposed by the

Federal Government making the 80% tax both unconstitutional and exorbitant.

D. The Great and Mighty State of Montana declares war on Wyoming.

Montana has been told by the Federal government that she cannot do so.

Why is the basis for denying Montana the right to do so?

The basis of Montanas decision is because a state in the United States cannot declare war

on any other within the union. However, a state, such as Texas, can declare war on another nation

that threatens the United States of America. It is thus an illegal gesture for the state of Montana

to take it upon itself to declare war on a neighboring state over quarrels that stem from a

mundane issue such as taxation. If this were to happen, however, the Federal Government with
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all its might would have to intervene and prevent such an eventuality as it would destabilize the

union.

E. The Great State of Montana is utterly disgusted by the lack of support

provided by the Federal Government and wants to take aggressive action.

What constitutional powers can Montana exercise to preserve her authority,

dignity, and pride as the Greatest Place on Earth?

The State of Montana can invoke the powers of the second amendment which allows

states to raise private militias that will be used in defending its territory from any belligerents. In

such a case, the aggressor will have to protect its sovereign rights but within the bounds of the

constitution.

Explain the following power and examples

A. Executive privilege

Power held by the President and individual members of the executive branch of

government that allows them to resist legislative interventions and certain subpoenas that relate

to them providing information about the executive.

B. Executive order

These are directives by the President towards officers and government agencies requiring

them to perform specific tasks.

C. Executive pardon

The presidents power to set free individuals convicted of specific crime.

D. Executive veto

The power is given to the leader of the executive arm of government that allows them to

shoot down legislation.