In the constitution, there is a diagram stating which branch has power for each other. This power protects against an absolute power because if each power checks on each other, they are certain that they will not become powerful then one another. The last guard against tyranny was the Big States versus the Little States which means that each state will have certain amounts of senator’s (The bigger the state, the
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.
By doing this it would lead the democracy to a dictatorship. The separation of powers is another way to ensure that checks and balances are being enforced and followed through. Caplan brings the issue of the debate of the meaning of separation of powers, “…the separation of powers means that each branch has exclusive control of matters in its domain or whether the Constitution generally gives Congress and the president overlapping, or blended, powers, all of which are quite extensive but none of which obviously serves as an absolute trump to the other,” (Caplan 21-2) So the presidential power used in the issue of foreign policy has been somewhat validated by this statement
This means that it is very important to choose a nominee who would be reflecting president’s political philosophy in the Court. However, if Senate decides that candidate is far too ‘extreme’ in their views or has been working with the president in the past, they might decide to strike the nominee down. For example Robert Bork’s critics regarded him as being both too conservative and too closely associated
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.
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.
This contradicts a democratic society and is seen as a dictatorship because elections are the cornerstone of a democracy. So if two out of three powers that are running the UK are not elected, this itself questions whether or not we are living in a democracy. Furthermore, having a monarchy is very important yet traditional but not in the same aspects of Parliament, as they have more authority over
Erik Hansen The judicial branch... the ones who really sit on top In the United States we are supposed to have a government with three equal branches to it that share the same amount of power to be used to keep each other in balance. It is hard to tell if that is actually the case though. Most would think that the president, since they are always in public eye, holds the most power. Congress has is also often in the public eye, with cspan, and elections, but the Supreme Court judges are simply appointed to a life long position unless they do something outrages. There would need to be a lot of checks in order to balance this major power supply.
This law shows the flaw of Athens and its democracy based government because it infringed on the freedom of speech that most democracies have. The Assembly was made up of all men that were eligible to serve on the council. The Life in Athens may have been sophisticated and nimble. This made Athens a target to other countries since they thought that Athens was a week country. If Athens had more of a military based government then they wouldn’t have been attacked as many of times and maybe never lost their power in Ancient
The matter of forming the United States constitution is of much debate between; Slavery, state representation, and government configuration. Of all three, I think government configuration is the most important because of these three reasons. First the idea of distribution of powers between national and state governments, second they were the only one making compromises. Many people feared a strong government would become tyrannical and oppress them just as Great Britain had done. That would not be true in a government configuration.