Limitations of the power of legislatures contd'

1
Limitations of the power of legislatures contd.

• In the last class we discussed the powers of the
  legislatures and started the discussion on the
  limitations of these powers.
• The first of these limitations was a group
  categorized as constitutional limitations.

2

• The second limitation of congressional powers
  comes from the judicial branch of the government.
  
• The federal courts are often asked to rule on the
  constitutionality of laws that legislatures enact.

3

• The state courts perform similar functions with
  state laws and constitutions.
• Sometimes state laws may also be reviewed by
  federal courts to investigate if the laws meet
  federal constitutional requirements.

4

• Laws enacted by Congress often tend to be broad
  and vague.
• We have already discussed why it is in the
  interest of the legislators to be intentionally
  vague.
• It is then left up to the courts to determine
  whether or not specific implementations of the
  law conform to the congressional intent.
• Often court rulings will provide specific
  interpretations of these legislations.

5

• The third limitation on congressional powers
  comes from the executive branch of the
  government.
• The most significant means to achieve this is
  through the power to veto a piece of legislation.

6

• Note that the president could only veto a bill in
  its entirety.
• The legislatures will frequently add unrelated
  provisions to bills that meets presidential
  approval, or would be embarrassing or damaging
  for the president to veto.
• Often the president will use the threat of veto
  to shape a bill that is being considered in the
  legislatures.

7

• Another strategy often used by the executive
  branch refers to the zealousness of implementing
  a law.
• A legislation enacted by a hostile legislature
  will often not be implemented with necessary
  zealousness.
• However, it is important to remember that the
  legislatures have oversight power, this limits
  how slow can the executive branch be in
  implementing laws.