Yoo “argues that the language of the constitution, long-accepted precedents, and the practical need for a speedy action in emergencies all support broad executive power during war.”(Taking sides p73). Yoo describes that the constitution examines the two branches power- the president as Commander-in-chief and congress with control over funding and declaring war. The Framers made it this way to be more flexible and create a more deceive action instead of going through the legislative process. Yoo believes that the President has unilateral war powers based on what is written in the Constitution and does not need Congress approval Michael Cairo on the hand thinks different. He believes the founding fathers never envisioned to grant exclusive war powers to the president.
A state constitution is interpreted separately from, yet in line with our federal constitution. Every state has their own statutes. Just as in Federal courts every state has its own system with appellate courts and trial courts. Precedents are derived and set from the proceedings in these courts. Also they have their own administrative and executive agencies that make rules and regulations the citizens of that state must abide
They were influenced by the writings of the french political philosopher Montesquieu. In his book ‘The Spirit Of The Laws’ Montesquieu argued for a separation of powers into legislative, executive and judicial branches of government in order to avoid tyranny. ‘When the legislative and executive powers are united in the same person…there can be no liberty’ wrote Montesquieu. The Founding Fathers implemented this, through the president, Congress and the US Court System with a Supreme Court which holds ultimate judicial power. The separation of powers was designed to limit government, as each branch would carry out different functions of government this meant no single branch has total control in order to form a dictatorship.
("Federal Judicial Center", n.d.) The Dual Court System In 1789, the United States Constitution required the formation of the Federal court system. The 13 Colonies had their court systems in place. This was how the establishment of the Dual Court system was set in place. The Federal and State court systems uphold their independent status from one another (the Executive branch and the Legislative branch) ("Laws", 2015) The Executive Branch is the Federal court system. The President of the United States is the head of state and the Commander-in-Chief of the military.
How do you think our rights were protected against tyranny by the Constitution? Tyranny is when one person is given all the power to control a country of a government in a dictator like manner. The Constitution guarded against tyranny in several ways, which were federalism, separation of powers, checks and balances, big states vs. small states. The first guard against tyranny was Federalism, a system of government in which power is divided between a federal government and state government. 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 highest level of the three-tiered model of the federal court system is the United States Supreme Court. According to the language of Article III of the U.S. Constitution, there is only one national Supreme Court. All other courts in the federal system are considered “inferior.” Congress is empowered to create other inferior courts as it deems necessary. The inferior courts that Congress has created include the second tier in our model—the U.S. courts of appeals 10. When will the US Supreme Court issue a writ of Certiorari?
This has made the Supreme Court of the United State to bypass the check and balance system. This branch of government is supposed to maintain justice for the people. According to the Constitution, it has the role of justice
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
They and only they created law, in a pure absolutist state. The monarch would control the armies, regulate religious order, and bargain with nobility. Constitutionalism was based on agreed law through the parliament, balanced between government power and rights of the people. The parliament, consisting of the sovereign, is where the power resides in a constitutional state. The majority of power stands in the electorate and its representatives.
District Courts The district courts are the lower level of federal courts, and are the courts of original jurisdiction. The judges for this district are appointed by the President of the United