It was these democratic principles that have gotten us to the place we are today. We must not look to the judicial branch to affect the regulation of business; instead we must take on this issue in the tried and proven democratic process. The role of the Supreme Court is to determine the constitutionality of laws and regulations, not create them, and that is exactly what the reinterpretation of the commerce clause has done. The reinterpretation has extended the power of the federal government, and the judicial system too far, allowing them to overstep their boundaries. The continued power grab will destroy the capitalist system shackling the limbs of the free market.
Alexander Hamilton thought that the judiciary review was the important factor of the checks and balance system and necessary citadel for protecting the public justice. He thinks the general liberty is the most important thing when considering the constitutional framework. Hamilton disagrees with the legislative branch exceeding its power as despotism but accepts the power of jurisdiction as a way to protect people, which is the more important. However, for Chief Justice Marshall, the judicial review was not a way to protect the people. It was a tool for political movements and to gain authority of the judicial branch.
The main focus of liberalism is liberty and freedom, there are two types of liberalism classical and new liberalism, this therefore determines the type of liberty they want to achieve. Firstly liberals have a fear that some potential consequences of government such as no legitimate authority, the tendency for power to become concentrated in too few hands and the democratic systems may simply become the tyranny of the majority. Through this fear they offer a solution through the liberal constitution, it defines the right of citizens which could be a safeguard against encroachments by governments, distributes power among different institutions of government to prevent the concentration of power. These are only a few of many. By combining the doctrines of government by consent and constitutionalism, modern liberals have found a way of reconciling effective government with the right and freedoms of both the individual and intermediate groups.
For Woodrow Wilson, only a democratic republic could be a genuine nation-state. Wilson also argued that the nation-state is capable of upholding peace and international order because nation-states would naturally respect the sovereignty of their neighbours. Furthermore, conflict would cause disorder within, so there is an inward motivation as well. This belief in the natural peacefulness of nation-states leads liberal nationalists to the belief that internationalism and nationalism are compatible concepts. Internationalism is the theory or practice of politics based on global cooperation.
Mill believed it was extremely important that an indivduals free will should not be crushed by society. Mill believed indivduality is what it is to be human and anything that takes away your indivuduality is wrong. Mill state in his book On Liberty “Whatever crushes indivduality is despotism.” Despostism is the idea of dictatorship so Mill is saying that anything that stops our indivduality for example religion is controlling us and not allowing us to be free, which is wrong. Althought we are free we must consider others, this means that we can use our freedom however we must make sure we are not spoiling the freedom of others. This is supported by Paul Kurtz who states humans have the right “to satisfy their tastes” but however they shold not “impose their values on others.” For example you may want to murder someone with your free will however if you go ahead and commit the crime you are negatively effecting others in society and this is wrong.
The Necessity of Government The purpose of a government is to protect individual rights of a citizen, to enforce the law for the safety of a country, and to support the general welfare. Thomas Jefferson, a well-respected government philosopher, stated “The purpose of government is to enable the people of a nation to live in safety and happiness. Government exists for the interests of the governed, not for the governors.”(Good Reads. Otis Chandler, n.d. Web.
I support John Locke because he expressed the radical view that government is morally obliged to serve people, namely by protecting life, liberty, and property. He explained the principle of checks and balances to limit government power. He favored representative government and a rule of law. He denounced tyranny. He insisted that when government violates individual rights, people may legitimately rebel.
Mankind needs laws and obligations to live by, not only to keep peace but to protect ourselves from our basic nature. Hamilton views the role of government as changeable and believed it would work better as a strong centralized government. As long man has faith in changing a government, man will abide by it. He states," not conform to the dictates of reason
The state never the less has a role to play in upholding the core values & morals of a society. A Liberal approach to the criminal justice system argues that the state is not neutral, but reflects the diverse & competing interests that are evident within the community. The state & it’s institutions will respond to the pressure generated by different groups. The role of the state is to deal with the social problems as they arise, & to ensure the regulation of social competition & conflict.There is a developmental role for the state in providing for the basic welfare & educational opportunities of it’s
Patriotism and nationalism give a sense of identity and belonging and helps maintain authority and social order. It prevents social conflict by binding irrational dependent individuals together with a shared set of values, whist transcending the natural rights of the individuals. Lastly conservative nationalism is very defensive in the belief in a special nationality which is being eroded by another. This is different to Liberal nationalism because Liberals believe that nation states can live together without the other being compromised. This is highlighted with UKIP arguing that the EU erodes our principle of independence which links back to the idea of