Although different in nature, congress and the President of the United States both hold positions of upmost power and unequivocally important decision-making for the American people. However, the argument always stands: who has more power? The power problem as it stands “...is the need to grant government enough power to effectively address the problems that people expect government to solve, while also limiting power so that it can be held accountable” (Katznelson, Kesselman, Draper, p.42). Far from perfect, the political system in place attempts to grant both Congress and The President exclusive and shared responsibilities to provide an equal spread of power. Upon founding of the United States government, not all three branches were to share the same amount of power.
Federalism is included in the Constitution by showing that powers were divided between the central government and the states. In document A the chart describes the powers of the states and Central Government. The Central Government pas the power to regulate trade, declare war, provide the army and the navy, and conduct all foreign relations. The states had powers like setting up school, setting up a local government, hold elections, regulate in-state businesses, and pass laws about marriage and divorce. The Central Government and the states also share some powers like taxes, setting up courts, making laws, enforcing laws, and borrowing money.
The Court is supposed to pass judgement on matters concerning the constitution and their decisions can be of up most significance because a judgment made in a case then affects the whole country. The method by which the Court exercises its power is by Judicial Review. The strength of the Supreme Court is essential in protecting civil liberties that are protected by the Constitution. The Supreme Court has also increased its power through court cases and through judicial revolutions. One case that has significantly altered the power that the Supreme Court is able to exert was Marbury v Madison 1803.
Federalism is the theory of government by which political power is divided between a national government and state government, each having their own area of substantive jurisdiction. Within US politics, this refers to the 2 layers of government designed to demonstrate national unity while accommodating for regional diversity. The theory of federalism in the USA represents ‘E Pluribus Unum’ and K.C Wheare describes the system as “The method of dividing powers so that the general and regional governments are each, within a sphere, co-ordinate and independent.” Despite the aims of federalism, there are a number of consequences. Firstly, there are legal consequences. Throughout the USA, there is a huge variety in state laws on such matters as the age at which people can marry, drive a car and have to attend school.
Court History and Purpose Michele A Anderson CJA/224 June 8, 2012 Austin Zimmer Court History and Purpose The American justice system is a complex system that serves a purpose of administering justice and all other legal matters. This paper will examine the court system and its purpose. This paper will describe the dual court system and how it pertains to our justice system. This paper will also examine the role of the early legal codes, common law, and the precedent they played in the development of the court systems. This paper will identify the role of the courts in the criminal justice system today.
Locke would support these obligations of legislation. He believed that “the power of the legislative branch in the utmost bounds of it is limited to the public good of society.” (The Influence of Locke…) Locke would support the legislative branch because the laws they pass must be within the laws of nature and cannot restrict people’s rights. The power of the Executive Branch is given to the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The Presidents job is to pass and enforce the laws created by congress. He is also the commander and chief of the military.
It will also discuss how this concept is incorporated into the U.S. Constitution and explain its importance in the American government and policy. To better comprehend the concept of majority rule and minority rights we need to examine the meanings of each. The concept of majority rule is defined as a set of guidelines by which the larger mass of an organized group (majority) has authority to make choices and decisions that are mandatory on all in the group; meaning that the guidelines will be determined by what the majority of what the people decide. (Greensburg & Page, 2007).While this majority has the upper hand in law making, the constitution was set up to ensure that the rights of minorities be protected despite of race, sex, religious belief or sexual preference. The next concept- minority rights are the essential rights ascribed to particular minority groups to guarantee that they receive and maintain equal opportunities and fairness.
Constitution limits power by handing it down to states. The states in return tell the federal government what they want. However, probably the most important aspect of our constitution is that fact that the Supreme Court ensures the appropriate division of power. Tocqueville further explains that through the Constitution, the power is handed down to the states. However, the federal Supreme Court ensures the appropriate division of power.
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.
CHAPTER 4 Federalism Learning Objectives After reading this chapter you should be able to • Define the key terms at the end of the chapter. • Explain why the founders adopted a federal system. • Contrast the two competing views of federalism. • Explain the significance of the “elastic clause” and the “commerce clause” as they pertain to federalism. • Describe the tools used by the national government to extend its power over the states.