The Supreme Court is different from members of Congress or the President / Vice President in that the Court is actually insulated from public opinion and accountability to voters. Explain how the drafters of the Constitution tried to ensure that insulation. What about the Court or its powers might, in the end, make that difficult to maintain? Be sure to provide evidence to support your positions. The Supreme Court is the last place for someone to appeal, the Court hears cases appealed from the lower federal Courts or it might be from the higher state Courts.
If powers are not outlined in the constitution, then it is up to the government (courts, judges, etc.) to decide what changes need to be made to fit the needs of society within these days. No written Constitution can anticipate all the means that might oppress people, so it is sometimes necessary for judges to fill in the gaps. The constitution was clearly meant to be interpreted and amended over time. For example, look at the Bill of Rights, and how generally various rights are stated.
However, the citizens wanted to make their own rules to follow, sensible and understandable rules. Further on Paine explains “the sun will never shine on a cause of greater worth?” I think that Paine is saying that it is such an issue that we should look to reform it in any way so that it is more fair to all citizens. The struggle of having a King or a Monarchy for the people at that time was difficult. The community wanted a more fair and equal government, while the king was not giving that to them. Let’s take for instance when Paine refers to the past writings of another author, Mr. Pelham “they will last my time.” The name of ancestors will be remembered for their great deeds by future generations with destinies of their own.
Discuss the extent to which judges do create and develop the law. Numerous different judges have different views on to what extent judges have creativity within the legal system, such as Lord Simons who believed he judges job is to administer justice according to legislation made my parliament and in common law old principles should be applied to new circumstances, therefore his view is that judges should not be creative, as it isn’t there job. On the contrary Lord Radcliffe believed that judges do create law, however felt it should be on the quiet, so the public don’t lose respect for the judiciary and legal system. Finally Lord Devlin opposed the overruling of the supreme court, as all lower courts are bound to it and that it would turn them into “undisguised legislators” which is the job of parliament, not of the judiciary. The traditional view of the law making process is that parliament makes the law though acts of parliament, as they are democratically elected to make law, whereas judges aren’t so they merely apply it in court to the cases presented to them.
The judicial branch must review the laws the executive branch is to enforce. There is also the legislative branch. This branch contains the United States House of Representatives, the United States Senate, and the Library of Congress. Laws are created through the legislative branch. The basic idea between the creations of the three branches is based upon “checks and balances.” No branch should become so powerful that it over-takes either of the other branches.
A constitution lays out the rules and guidelines that specify the abilities, rights and powers that belong to a government and the citizens of a certain country; it should provide a clear structure from which to govern. The success of a constitution is largely judged on its ability to remain strong whilst maintaining the ability to evolve to satisfy a countries needs as society changes. Flexibility is key however too much of this would cause significant disruption to a governments ability to rule and a citizens day to day life. A constitution needs to remain relevant yet rigid in order to preserve a stable government. The success of a constitution may rely on its ability to evolve however there are also many other factors that will lead to the success of a constitution.
However, Parliament is sovereign and civil rights and liberties have been put suspended but only in the interests of law and order or national security. Unlike many other democracies, the government retains control over rights and freedoms of citizens. Democracy can lead to the abuse of power and there are fears that if those who govern are left to their own devices, they may claim substantial amounts of power and begin to abuse their position. By making governments accountable to the people, this can be prevented. Governments must submit themselves regularly to re-election and by guaranteeing that they are controlled by elected representatives, the people can feel safe from the corruption of power.
First, all legislative power is vested in the house of reps and the senate, and within this broad function, Congress is given special powers to appropriate monies, raise armies and regulate interstate commerce. Second, the house of reps has the right to declare war. Lastly, the Senate is given the power to ratify treaties and approve appointments by the president to the judiciary and executive branch. However, it has been suggested that Congress is the broken branch of the three branches of government because of how well it performs its functions and powers. 1st paragraph Main function – legislature The Philadelphia Convention 1787 gave Congress the power of being the primary law making body in the US.
Branches of Government The Founding Fathers', the framers of the Constitution, ambition was to form a government that did not allow one entity to have too much authority or control, and protect the nation against tyranny. Our Founding Fathers wrote the Constitution to provide for a separation of powers, or three separate branches of government. Each branch of government has its own, specific sets of responsibilities, yet work together to make the country run smoothly and to assure that the rights of citizens are not ignored or disallowed; this is done through a system of checks and balances. A strong system of checks and balances is not only the foundation of our democracy, but any well run organization. One branch may use its powers to examine the powers of the other two in order to maintain a balance of power among the three branches of government.
The states have more power within themselves, and can set some of their own laws, giving more power to the states. The ninth amendment is important because it gives American’s more rights than just what was stated. If the Bill of Rights were the only rights the citizens got, there would still be many more limitations on what Americans can and cannot do. This gives more power to the citizens and it takes it away from the government. Many of the states were concerned about the government having too much power, and by allowing the citizens more power than just what was stated in the Bill of Rights, it ensures that the government will remain in check.