The principle organ of the US state is to legislate, represent and scrutinise the other, safely separated, branches of the government. First of the three elements in which Congress’s primary role plays is in legislation. The very first article of the Constitution lays out how this is done. Bills initiated by both the President and members of Congress are almost certain to be substantially modified as they go through the legislative process, making it very difficult for the President or any political faction to force through their policy agenda. Congress has been somewhat effective in passing laws such as the PATRIOTIC Act under Bush and the Healthcare Reform Act under Obama both show’s that Congress can legislate when it needs be, especially with a majority in both houses.
Federalist #78 Analysis The Federalist #78 was written by Alexander Hamilton on May 28, 1788. In the essay, Hamilton expresses his views on the structure of the Judiciary as written in The Constitution. Although Hamilton listed many positive aspects of the Judicial Branch, he also wrote about negative features the Judicial Branch has neglected to offer as stated in The Constitution. In The Constitution, there are three branches to help balance the government, to make sure there is no way to overpower any other branches within the system. The Executive Branch, which includes the president, is in charge of enforcing laws, the Legislative Branch controls making laws, and the Judicial Branch is a system of courts that interpret the laws created and enforced by the other branches.
In our government, a system of separation of powers and checks and balances are used to maintain order among the three different branches of government. The purposes and responsibilities of the legislative and executive branches are laid out in Article I and II of the United States Constitution, respectively. To balance state's rights and the rights of all of the nation's citizens, the framers of the Constitution came up with the concept of an executive branch that represents the interests of the nation and a legislative branch that represents the interests of the states. The third branch of government, the judicial branch, is responsible for balancing these conflicting interests. The Judicial Branch, has power that is, arguably, unregulated; power to overturn decisions by both the Executive and Legislative Branches.
Judicial review is the right, or duty, the court has to review the constitutionality of legislation and/or actions taken by the executive branch. The court has the right to choose its cases, but these are brought before them not sought after by the court. What is the separation of powers? This is a form of checks and balances between the executive, legislative, and judicial branches of government. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter.
In 1787 a group of delegates for 12 of the 13 states go together to try to better the country. The Constitution was mainly written in Philadelphia, Pennsylvania. It was made to make a guideline for the building of a federal government so that there wouldn’t be any tyranny. It was also made so that the government doesn’t become too powerful. How do you think our rights were protected against tyranny by the Constitution?
The Constitution needed fixing and there were multiple weaknesses and many were unsure that the constitution will hold all the states together. Tyranny is cruel, unreasonable or arbitrary use of power or control. The Constitution guarded against tyranny in four ways which were federalism, separation of powers, checks and balances, and the senate. The first guard against tyranny was federalism which is a political system that allows states united under a central government to maintain a measure of independence. Federalism is included in the Constitution by showing that powers were divided between the central government and the states.
In other to discourage monarchy and reinforce the American idea, our founding fathers came up with the three branches of government where they would each have certain role to fulfill, share power which will allow them to oversee each other. This will help each branch to keep a watchful eye on the other two branches so that each branch would comply with the constitution so as not to usurp power and turn in to monarchy. These branches include the Legislative branch, the Executive branch and the Judicial
Understanding our legal system through the different roles given to our Federal courts and State courts. There are three equal branches of government: executive branch, legislative branch and the judicial branch. Federal and state courts are part of the judicial branch of government. It is the job of the judicial branch to apply and interpret the law and mediate any issues that occur under them. Neither branch federal nor state can oversee functions reserved for the other branches.
Separation of Powers is the division of power between the three branches of government- legislative, executive, and judicial. Baron de Montesquieu believed that no one branch of government should have too much power. When congress passes a law, the Supreme Court declares it constitutional or unconstitutional. The Constitution separates the powers among the three branches so no one person or group can control the government. The power is distinct, but
The legislature is the law-making body, and is comprised of the House of Commons and the House of Lords. The legislative function involves ‘the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive is all the institutions and persons concerned with the implementation of the laws made by the legislature. It involves central and local government and the armed forces. The role of the executive ‘..includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state.