#18. Public Policy Between the Branches

Use the following excerpt from the December 18,2012, article from Heartlander Magazine, titled "Obamacare Battlefront Shifts to the States," to answer the question tat follows.

- "The States are the new firewall. Fourteen states have passed legislation, ballot initiatives, or constitutional amendments blocking the individual mandates. A growing number of governors say they will not participate in setting up exchanges-the bureaucracies that will redesign health insurance and deliver hundreds of billions of dollars in ObamaCare subsidies. Many states also have said they will not expand Medicaid to higher levels, rightly worried that the federal government will lock them into that expansion and then yank back the 100% federal funding match."

According to the article excerpt regarding the Patient Protection and Affordable Health Care Act, which is the best thesis about this public policy issue?

• there is conflict between the state and federal governments

• there is compromise between the state and federal governments

• there is conflict between the legislative and judicial branches in the states.

• there is compromise between the legislative and judicial branches in the states

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During the Civil Rights Era, the President of the United States sent national troops to enforce the integration of schools and many civil rights acts were passed. In addition, the Supreme Court through the process of incorporation used the due process clause of the 14th Amendment to apply most of the Bill of Rights to the states as well.

All of these things are examples of

• the federal government (judicial, executive & legislative) branches working together

• the federal government (judicial, executive & legislative) in conflict with each other

• the federal judicial and executive government working in conflict with the federal legislative branch

• the federal Executive and Legislative government working in conflict with the federal judicial branch

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Read the following passage and then determine what branches of government at both the state and federal level were at conflict.

- In April 2010, Arizona enacted two laws addressing immigration, SB 1070 and HB 2162. These laws added new state requirements, crimes and penalties related to enforcement of immigration laws and were to become effective on July 29, 2010. Before the laws could go into effect, the U.S. Department of Justice filed a lawsuit asking for an injunction against these laws arguing that they are unconstitutional. On July 28, Judge Bolton granted the request for injunction in part and enjoined those provisions related to state law officers determining immigration status during any lawful stop; the requirement to carry alien registration documents; the prohibition on applying for work if unauthorized; and permission for warrantless arrests if there is probable cause the offense would make the person is removable from the United States. Arizona Governor Jan Brewer appealed the injunction and arguments were heard by the 9th U.S. Circuit Court of appeals on Nov. 1, 2010. On April 11, 2011, the court upheld the injunction.

• state executive branch vs federal judicial branch

• state executive and legislative branches vs state judicial branch

• state legislative and executive branches vs federal judicial branch

• federal legislative and executive branches vs state judicial branch

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Below is a list of the major actions in the passage of the Patriot Act.

10/23/2001: Introduced in the House

10/24/2001: Passed/agreed to in the House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 357-66 (Roll no. 398)

10/25/2001: passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 98 - 1, Record vote number: 313

10/25/2001: Cleared for White House

10/25/2001: Presented to President Bush

10/26/2001: Signed by President Bush

10/26/2001: the Bill becomes Public Law No: 107-056 (The Patriot Act)

According to this information, which of the choices would best match the overall path of the bill?

• conflict arose between Congress and the President

• conflict arose between the federal courts and the president

• congress and the president collaborated

• the federal courts and congress collaborated

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President Trump and many Republicans in Congress sought to get the Affordable Care Act (Obamacare) repealed and removed from law. While Trump wanted to repeal and replace, it was the position of Congress to ultimately do something about it. They had control over both the house and the Senate and yet the Republicans were not able to make an agreement work for everyone and Senator John McCain(a Republican) famously gave a thumbs down to the legislation, claiming that it needed to have some Democratic support. This reveal's what about the policy process? (check all that apply)

• That creating policy is difficult

• That even within a political party, not everyone agrees.

• its impossible to pass legislation even when one party controls everything

• While the President can shape policy, it is really up to Congress and our representatives to make the big changes.

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A group of Ohio judges wish to change the sentencing guidelines for people convicted of a misdemeanor. Which action would be most appropriate for these judges to take regarding this public policy issue?

• meet with members of the General Assembly

• attend a session with a decision about it to be delivered by the U.S. Supreme Court

• support a candidate to be name to the Ohio Department of Education

• call for a meeting with the President of the United States

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The Environmental Protection Agency is about to issue a set of regulations governing where fracking can take place. Which arm of the government would be involved in such an action?

• a federal executive agency at the national level of government

• a state executive agency at the local level of government

• a state agency at the state level of government

• a legislative agency at the state level of government

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The complexity of public policy issues often involves different levels of government. Sort the boxes of each informal practice with their corresponding level of government.

Groups:

(a) State Level

,

(b) National Level

• The Department of Homeland Security issues guidelines for airport security

• The State Department of Health issues guidelines for public health safety

• The President asks the EPA to issue regulations on coal-fired power plants.

• The Governor decides to propose a salary increase for members of the National Guard

• The Federal Trade Commission issue regulations as to what can be broadcast on TV

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Choose the correct terms in the provided dropdown boxes. Federal agencies get their authority to issue mandates and regulations from the ​ (a)   enacted by Congress. When Congress passes a law to create an agency, it grants that agency power to regulate certain activities in society. Congress may also pass a law to solve a particular problem or accomplish a particular goal. An agency cannot take action that goes beyond the ​ (b)   it was given or it violates the Constitution. Agencies must follow an open public process wen they issue regulations. Congress may pass a law that directs an agency to take action on a certain subject and sets a schedule for the agency to follow in issuing rules. Often an agency looks at its responsibility and decides which issues have priority for rulemaking.

• laws
• rulings
• authority
• encouragement

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Governments take many actions to implement or stop a public policy. Identify the appropriate branch and public policy issue match that would correspond to the given levels of government.

Groups:

(a) National Level

,

(b) State Level

,

(c) Local Level

• Judicial Branch

• Residents want the city to install a traffic light at an accident-prone intersection

• The recent gerrymandering plan has come under scrutiny and needs to be reviewed for legality.

• people want the Environmental Protection Agency to pass regulations to punish polluters

• Legislative Branch

• Executive Branch

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