But all leaders need some kind of limitation, which is where the Separation of Powers comes in. The Separation of Powers creates the three branches of government: Legislative, Executive and Judicial, each with their own system of powers and regulations. The Legislative branch has the powers to create, amend, and change laws. The Executive branch carries out the laws created by the legislature, and is where the president resides. And the Judicial branch explains the laws as well as checking to make sure all laws are constitutional.
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.
It has discussed the different types and styles of assemblies and the chief functions such as to enact legislation, act as a representative body and oversee and scrutinise the executive. It has shown how the role of parliaments is changing and the reality is that legislatures do not initiate many policies, more usually they influence or are executive-dominated. The emergence of disciplined political parties, the growth in the role of government and the increasing strength of interest groups and the mass media has changed the way parliaments and assemblies carry out their roles. However, parliaments possess a unique authority to force politicians and civil servants to account for their actions before a body which still represents the nation and remains an essential element in the architecture of democracy. Bibliography Axford, B., Browning, G.K., Huggings, R., Rosamond, B., (2002), Politics an introduction, 2nd ed.
Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not all economic. His view was that legal developments were driven by the constant tussle between individuals and groups within society to have their interests portrayed and supported by the law. He expressed that law could be used in self-interest by individuals and groups in order to achieve advances in their own purposes. As a result, the law acts to determine the true balance between different interests by examining the value of each. The American legal scholar, Roscoe Pound, was influenced by Jhering.
The problem might be structural rather than political. The problem is the underlying document-our written Constitution. Changing the structure of our system is difficult and only made more so because of our flawed understanding of our own history, especially the origins of our founding document. The structure of our Constitution gives us profound insights about what the founders thought was important. Article I of the Constitution concerns the Legislative branch.
How does federalism today differ from that created by the Founding Fathers and why? Federalism, a form of government which divides sovereignty, law and decision making between levels of government, will ultimately lead to tension (Lowry, 2000, p73). This tension arises from competing levels of government, i.e. the regional and the central, trying to serve their own interests. It is because of this competition that a federal system can not be static but ever changing and evolving.
John Locke is one of the most influential Enlightenment philosophers of the seventeenth century. His philosophical writings of individual rights and role of government to secure these rights were a major influence on the founding fathers of the United States of America. The founding fathers such as Thomas Jefferson and James Madison used many of the tenets of John Locke's philosophy to construct the American political ideology of liberal democracy. John Locke's view of what a civil society and popular sovereignty inspired the founding fathers and the colonists to develop a political and social discourse which fueled the American Revolution. Locke's influence can be seen in documents such as the Declaration of Independence, the Constitution and the Federalist Papers.
* Define and give an example of separation of powers and checks and balances * Separation of powers- An aspect of the Madisonian Model of government that requires each of the three branched of government to be independent of and to share power with each other so that one cannot control the others. Ex. Executive, Legislative, and Judicial branches of govn’t all separate * Checks and balances- balances power- Important feature of the Constitution which enables each branch of government to constrain the other branched activities in order to prevent any one branch from gaining too much power. * After the American Revolution and under the Articles of Confederation, who started to gain/lose political power? * the wealthy lost power and the low income/farmers
The Evolution of the Commerce Clause Business regulation is one of the most debated features of modern politics. Regulation is commonly known to effect business ability to be competitive in both internal and external markets. The federal government’s ability to regulate business has grown out of the judicial branches’ constant manipulation of the contextual meaning of various elements of the Constitution. The progressive manipulation is a non-debatable fact, but the overall benefits, or consequences is a hotbed for argument. Progressives carrying the belief the importance of a living constitution are pinned up against Originalist who quest to preserve the original founding fathers intentions behind the text of the constitution.
A government refers to the legislatures and administrators who control a state at any given time, and is the system of government by which they are organized. Governments enforce policies, as well as determining what should be put into policy. Each government is made up of individuals who exercise control over political decision making and policy making. The function of government is to enforce laws, legislate new ones, and control conflict. The government is in certain ways a means of controlling the people of the respective countries, and making sure the people have specific rights.