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.
The new Constitution sought to divide the powers of government among the different branches of government to provide a system of checks and balances of power. According to Fisher (2012) “The Constitution vests in Congress the power to regulate foreign commerce, an activity the Framers understood as closely related to the war power. Commercial conflicts between nations were often a cause of war. In 1824 in Gibbons v. Ogden, Chief Justice John Marshall said of the commerce power that "it may be, and often is, used as an instrument of war." Guided by history and republican principles, the framers placed that power and responsibility with Congress” (para
If the government loses support of the lower house then it must resign. Royal Assent: Royal assent is the signing of a proposed law by the Crown’s representative before it becomes a law. Separation of powers: The principle of separation of powers refers to the fact that there are three separate types of powers in our parliamentary system. These are legislative power, executive power and judicial power. Judicial power is separate from legislative power and executive power.
Each branch cannot act effectively without the cooperation other two branches The Madisonian Model explains how the check and balance system between governments is also a separation of power. The congress controls the executive and the judicial branch’s budgets. They have the power to pass laws over the president’s veto if the get 2/3 of each chamber in their side. The congress can impeach and remove presidents from office. The congress else has the power to impeach judges and remove them from office.
The main weaknesses of the Articles of Confederation are that it legislated for states but not for individuals. Congress had no power to tax or regulate trade. It lacked power to control commerce. And it was too difficult to change any of the articles. Then the Constitution was put into place 1787 to overthrow the Articles of Confederation.
They had no power to tax. Lacked power to regulate commerce. All the power rested in the states, and the national government could not do anything independently. * Describe how the Constitution deals with the writ of habeas corpus, ex post facto laws, and bills of attainder. * Writ of habeas corpus- A court order that requires jailers to give reasoning as to why the prisoner is in custody.
Practice Explaining the Constitution Answer the following questions about the United States Constitution. (6 points) 1. What are the three branches of American government? For each, write a sentence explaining what that branch of government does. Answer: Legislative – The legislative branch is composed of two parts: the Senate and the House of Representative.
U.S. Constitutional Amendment Proposal Amendment Proposal In this paper Team C will discuss the pros and cons of amending the Constitution to give voters the power to enact or reject laws by a ballot initiative as a direct method in addition to the legislative authority of Congress. If this amendment were to pass, Amendment 28 of the United States Constitution would read: A law enacted by Congress may be repealed by a call for a popular vote via ballot initiatives if at least three quarters of the states first hold a ballot initiative to repeal said law, and if upon holding the ballot initiative three quarters of the states vote for repeal the law in question shall be repealed without further action of Congress. Legislative Authority
Articles of Confederation Vs. The US Constitution The Articles of Confederation The Articles of Confederation were written to give the nation some form of centralized government and leadership, and were written by a committee of the Second Continental Congress headed by John Dickenson. The Articles originally were proposed with a strong central government with control over the west, equal representation for the states, and the power to levy taxes, but because of their experience with Great Britain the States feared a powerful central government. Due to this fear the committee made several changes to the Articles and then they sent them to all the states for ratification in November of 1777. The Continental Congress was careful to give the states as much independence as possible.
So Jefferson told James Madison not to deliver the appointment to Marbury. Marbury gets angry and does what most Americans do now by suing. He also asks the Supreme Court for a Writ of Mandamus, so he he can get the papers delivered. He stated that the Judicial Act of 1789 allowed for the Supreme Court to issue a writ of mandamus. Marshall studied the case in a manner that helped to create the Judicial Review, which allows congress to study the constitutionality of a law.