2-3 pages assignment

9781284538588_SLID_CH02.pptx

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Government, Law, and Ethics “Laws are the very bulwarks of Liberty; they define every man’s rights, and defend the individual Liberties of all men.” - J.G. Holland (1819-1881)

Chapter 2

LEARNING OBJECTIVES

Discuss 3 branches of government, & importance of separation of powers.

Describe organization structure of Department of Health and Human Services.

Explain the development and sources of law.

LEARNING OBJECTIVES - II

Describe the function of various government ethics committees herein presented.

Explain the term political malpractice and give an example of how it might apply to government officials.

Government Organization

Executive Branch

Legislative Branch

Judicial Branch

Branches & Powers of Government

Legislative	Executive	Judicial
Write laws	Implement & Enforce Laws	Interpret Laws
Enact, amend, or repeal Laws	Veto Laws	Apply Laws
Declare War Confirm Justices	Commander-in-Chief Armed Forces	Declare laws unconstitutional
Enact Taxes & set the budget	Appoint Justices	Compel Testimony

Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.

−Alexis de Tocqueville (1805–1859)

Judicial Branch

When government bureaus & agencies go awry, which are adjuncts of the legislative or executive branches, the people flee to the third branch, their courts, for solace & justice.

Federal Court System

District Courts

U.S. Circuit Court of Appeals

Supreme Court

U.S. District Court

Trial courts of the Federal System

96 Courts

Jurisdiction over all categories of federal cases

including civil & criminal matters

U.S. Court of Appeals

Created to help reduce workload of U.S. Supreme Court

12 Regional Court

1 Judicial Circuit in DC

Reviews

District court decisions

Administrative agency decisions

U.S. Supreme Court

Highest federal court

Only court created by federal constitution

Comprised of 8 Associate & 1 Chief Justice

“As I have said in the past, when government bureaus and agencies go awry, which are adjuncts of the legislative or executive branches, the people flee to the third branch, their courts, for solace and justice.”

−Justice J. Henderson, Supreme Ct. of S. D.

Separation of Powers Model for Government

Under this model government is divided into branches

Each branch

has separate & independent powers

areas of responsibility

each branch is also able to place limited restraints on the power exerted by the other branches.

Dept of Health & Human Services

Centers for Medicare & Medicaid

Public Health Service

National Institutes of Health

Centers for Disease Control and Prevention

Food & Drug Administration

Health Resources & Services Administration

Public Health Service includes

Agency for Healthcare Research and Quality

Agency for Toxic Substances & Disease Registry

Indian Health Service

Laws

Govern the relationships between private individuals and organizations; and between both of these parties and government.

Categories of Law

Public Law

Deals with the relationships between government and individuals.

Private Law

Deals with relationships among individuals.

Sources of Law

Common Law

derived from judicial decisions.

Statutory Law

written laws

Administrative Law

public law, rules & regulations issued by administrative agencies to direct the enacted laws of the federal and state governments.

Common Law in U.S.

Body of principles that has evolved and expanded from judicial decisions.

Origins in English Common Law.

Common Law Principles

Precedent:

a judicial decision that may be used as a standard in subsequent similar cases.

Res Judicata:

means the thing is decided—refers to that which has been previously acted on or decided by the courts.

Stare Decisis:

common-law principle meaning let the decision stand.

based on similar cases and fact patterns.

Statutory Law

Written law emanating from a legislative body.

Hierarchical Order

U.S. Constitution: highest in hierarchy of laws

State Constitution

Constitution: Article VI

This Constitution and Law of the United States . . . Shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby . . . .

Administrative Law

Extensive body of public law issued by administrative agencies to direct enacted laws of federal & state governments.

Administrative Procedures Act - I

Describes different procedures under which federal administrative agencies must operate.

Prescribes procedural responsibilities & authority of administrative agencies.

Administrative Procedures Act - II

Provides legal remedies for those wronged by agency actions.

Rules & regulations established by administrative agency must be administered within scope of authority delegated Congress.

Conflict of Laws

When state & federal laws conflict

Resolution sought in appropriate federal court.

GOVERNMENT ETHICS

Executive Branch: Office of Government Ethics

House of Representative Committee on Ethics

U.S. Senate Select Committee on Ethics

Judicial Branch: U.S. Judical Code of Conduct

Office of Congressional Ethics

Political Malpractice

Negligent conduct by an elected or appointed political official

The tragedy of society is not the noisiness of the so-called bad people, but the appalling silence of the so-called good people.

−Martin Luther King, Jr.

Review Questions – I

1. Define the term law and describe the sources from which law is derived.

2. Define the legal terms:

precedent

res judicata

stare decisis

original jurisdiction

appellate jurisdiction

Review Questions – II

3. Describe the function of each branch of government.

4. What is the meaning of separation of powers?

5. What is the function of an administrative agency?

Review Questions – III

6. Describe the responsibilities of the DHHS.

7. Describe how ethical issues are addressed in the Executive, Legislative, and Judicial branches of government.