Alexander Hamilton thought that the judiciary review was the important factor of the checks and balance system and necessary citadel for protecting the public justice. He thinks the general liberty is the most important thing when considering the constitutional framework. Hamilton disagrees with the legislative branch exceeding its power as despotism but accepts the power of jurisdiction as a way to protect people, which is the more important. However, for Chief Justice Marshall, the judicial review was not a way to protect the people. It was a tool for political movements and to gain authority of the judicial branch.
He mention what is the president and public want from gun control laws even the public think all new government laws will not work to reduce the illegal used of gun. I agree with Wilson criticism of gun control legislation in same time I agree with the public of the effective of the new laws. Wilson tries to propose some solutions of illegal gun and should control and ban the use of these guns. Wilson has some ideas and major actions to solve gun control debate. He mentions the relating between shrinking the stock of legally purchased guns and people self defend.
Not every state agrees that gay marriage is wrong and illegal, but if the federal government were to pass a amendment outlawing gay marriage then every state who allows gay marriage would have to declare it unconstitutional and against the law. This shows that the federal and state governments have different restrictions. The state government protects the people of the state but the federal government protects everything in this country. Once something is declared unconstitutional, it will over ride any state government policy. Some people have mixed emotions about the way the government works but overall the relationship between state and federal governments protect the everyday
“Civil Disobedience” Civil Disobedience is the act of knowingly breaking a law that an individual feels is morally unjust. We all have a moral compass, and a perception of what is right from wrong. Many individuals see injustices in our democratic system, yet few actually make a stand for what they believe is right. The United States was founded under an idea that “All men are created equal”. However, that motto was not entirely true.
I support John Locke because he expressed the radical view that government is morally obliged to serve people, namely by protecting life, liberty, and property. He explained the principle of checks and balances to limit government power. He favored representative government and a rule of law. He denounced tyranny. He insisted that when government violates individual rights, people may legitimately rebel.
Judicial review is the right, or duty, the court has to review the constitutionality of legislation and/or actions taken by the executive branch. The court has the right to choose its cases, but these are brought before them not sought after by the court. What is the separation of powers? This is a form of checks and balances between the executive, legislative, and judicial branches of government. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter.
The power of the Supreme Court to declare laws unconstitutional leads some people to assume that the judicial branch will be superior to the legislative branch. Hamilton examines this argument, starting with the fact that only the constitution is fundamental law. To argue that the constitution is not superior to the laws suggest that the representative of the people are superior to the people and that the constitution is inferior to the government it gave birth to. The courts are the arbiters between the legislative branch and the people; the courts are to interpret the laws and prevent the legislative branch from exceeding the powers granted to it. The courts must not only place the constitution higher than the laws passed by congress, they must also place the intentions of the people ahead of the intentions of their representatives.
Martin Luther King stated, “A just law is a man-made law of God. An unjust law is a code that is out of harmony with the moral law” (Schaefer, 2011, p. 187). King believed, “that people have the right to disobey unjust laws under certain circumstances” (Schaefer, 2011, p. 187). I agree with King’s beliefs in regards to civil disobedience. If a person feels strongly about something, the only way for things to change, are for people to take a stand.
Poe v. Ullman, 367 U.S. 497 (1961), was a significant case that illustrates the fine line the federal government walks when trying to protect the privacy of Americans while also trying to uphold Constitutional law. This case made the possession and use of birth control pills illegal. However, the Supreme Court also felt that illegalizing birth control pills would also strip many Americans of their right to privacy because in order to enforce the law the government would have to appear “in bedrooms to find out what went on” (Bartee, 2006). This case would eventually lead to the legalization of birth control pills so that the federal and state governments would no longer be permitted to gain access to the reproductive information and family choices that American citizens made (Bartee,
Due Process Abstract This paper will discuss the concept of Due Process and how it affects the criminal justice system. In addition, the reader will also gain knowledge of how the adversarial system works. Also the rights of the accused and the process after a crime has been committed through post-arrest procedures will also be discussed in detail. Due process is envisioned to provide citizens of the United States with protection from government infringement on legal rights to life, liberty, and property without due process of law. The government cannot deny a defendant convicted of a capital crime of his or her life before the appeals process has been depleted.