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.
Independent expenditures cannot be restricted – Can spend own $. o 7. SPEECH BY GOVERNMENT EMPLOYEES § a. GENERAL: govt employees have free speech rights and cannot be hired/fired based on political party or philosophy or any act of expression. § B.
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.
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.
One way that the Supreme Court is insulated from Public opinion is that they do not have to run for office. "Because they hold their office for life Supreme Court Justice do not need to worry about job security. "(452) Because they do not worry about job security, they are free to view and rule by personal opinion. Another way the Supreme Court is insulated from public opinion is the fact that their only job is to interpret the Constitution. As Supreme Court justices, they only accept a case that directly has to deal with someone's right from the constitution being violated.
Some people hold the view that The Supreme Court is not a judicial institution but instead a political institution where they think more politically instead of legally in their decision making. There are nine members of the Supreme Court today and these justices were nominated and confirmed by politicians. To become a justice you must be appointed by the president and receive a simple majority vote by the Senate to be confirmed. It is known that the president nominates a candidate with a compassionate feeling towards his agenda. For example in 2010, President Obama appointed Elena Kagan to be a justice of the Supreme Court.
* The King would also not be allowed to leave his people in poverty. * The Constitutional Monarchy would also allow the lay people of the parliament have a say in the decisions made. * None of these aims were radical. * Sicily – 1821. * Freedom from Naples.
The negative aspect is that once an Act of Parliament has received Royal Assent, no person or body can question its validity, not even the courts. In addition but nonetheless important, a Parliament cannot bind a future Parliament. Supremacy hence lies in the current Parliament of the day, as it technically has the power to amend or repeal the legislation of any previous Parliament. Before we go any further, it is important to realise two facts. Firstly, legal sovereignty should be distinguished from political sovereignty.
The central idea of presidentialism is the separation of power and checks and balances, which provides independent power bases to both the president and the legislature. The president is only in control of the executive branch and cannot participate in the legislative process theoretically. Also, the legislature is not under any constraint to oppose the legislative initiatives from the president if they think that they are unsuitable for the country, since both the legislature and the president are elected by the citizens. All of them have a fixed period of term and they can do nothing to each other practically as long as they remain in good graces of their constituencies. This facilitates a slower and more deliberative legislative process.
THE KING CAN DO NO WRONG: SOVEREIGN IMMUNITY 3 The King Can Do No Wrong: Sovereign Immunity The definition of “Sovereign Immunity” is: legal protection that prevents a sovereign state or person from being sued without consent (West’s encyclopedia of American Law, 2008). Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without permission. The doctrine stems from the ancient English principle that the monarch can do no wrong (2008). Under the feudal system no lord could be called to answer before a vassal, and given that the king was the highest lord in the realm, it was not possible to order him to answer to any tribunal. Of course, we have no king and the government is not the sovereign.