A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts. Judicial Restraint is the complete opposite of Judicial Activism. The judges should not introduce or instill their own personal or political beliefs into the law. The power and decision of the judges on a verdict should be strictly follow the law and US Constitution. 2.
Although the U.S. Constitution lays out the basic structure for politics, there is more to the “constitution with a small c” of the United States. An example is the U.S. Supreme Court’s power to overturn any act of congress if it is
The guard of federalism is shown one way in the Constitution when they set up the compound government to make sure that the federal government doesn’t get too much power. The second way is when some responsibilities are given to the state government so that they can share the power equally. Federalism protects against tyranny because it ensures that the federal government doesn’t have too much to say in what happens in the country so that they don’t become too powerful and create tyranny. The second guard against tyranny was the separation of powers which means that the government is separated into separate branches so that they can spread out the power so that one branch of the government can have more pull in what happen in the decisions made
Judicial review was established through judicial interpretation in court case Marbury v. Madison. The Supreme Court justices interpreted that the Constitution gives them to right to review laws for constitutionality. Another informal method is incorporation of traditions, precedent and practice. Although not enumerated in the Constitution, a traditional practice may be widely used because of widely acceptance. Political faction is one example of amending the Constitution informally.
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. Hamilton stated as opposed to the Executive and Legislative branches of government, “...[The Judicial Branch] has no influence over the sword or the purse;” (Federalist #78) Because the Executive branch has the power to enforce law and the Legislative branch has the power to declare war and make laws, Hamilton argues that the Judicial branch is the least dangerous. Although I believe the Judicial branch has many positive aspects, I agree with Hamilton’s argument
This is true, but to interpret the laws and judge their constitution are the two special functions of the court. The fact that the courts are charged with determining what the law means does not suggest that they will be justified in substituting their will for that of
Among these things are powers that the three branches of our government have that aren’t in our Constitution doesn’t grant them. A power that gets argued a lot is the Ability for the President to use Executive privilege. Executive Privilege is the power used by members of the executive branch to withhold information from the other branches of government. Executive Privilege is claimed to
Separation of Powers Vanessa Totsch Everest University The separation of powers is considered to be the division of powers and responsibilities between the different branches of the government. (Magleby & Light, 2009 Brief Edition, p. 21) This can also be within the same lines as “checks and balances”. The different branches of the United States Government can overrule another, for instance, the judicial branch can overrule the legislature if it finds that a ruling that the legislature has passed is unconstitutional. (Magleby & Light, 2009 Brief Edition) The Framers of the Constitution of the United States wished to have a strong central government, yet have limited powers that could be used by the government. This was to help keep someone from making the democracy into a monarchy for one example.
A constitutional monarchy is a system of government where the monarch’s power is restricted by a constitution and a legislative body. Constitutional monarchies also protect the rights of individual citizens from abuse by the government. The monarch acts as the head of state, but in reality the legislative body makes the laws. Different constitutional monarchies grant different powers to their kinds or queens. Parliament, the legislative body of England, emerged in the late middle ages and ever since has had influence over the English monarchies.
Or should I say the unlimited power that is given. The government has set limitations to what they could tax and how much, however two of these limits were open to interpretation: providing for common defense and general welfare. The government becomes its own judge and jury while establishing these criteria, because the budget for common defense is set by the government, as well as the standard for what the general welfare is. As the Constitution says all laws set by the government become "supreme law of the land". The language used in itself is that of a monarchy and did not sit well with