Federalism Helps citizens protect themselves against tyranny through the use of the constitution. Federalism is a system of government in which power is divided between federal government and a state government. The guard of federalism is shown in the constitution when they made the compound government to make sure the federal government does not too much power. Another way is when responsibilities are given to the state government so that they share the power equally. (Doc A).
Mostly the Anti-Federalists thought that the Constitution created too strong of a central government. They felt that the Constitution did not create a Federal government, but a single national government. They were afraid that the power of the states would be lost and that the people would lose their individual rights because a few individuals would take over. As a result, they proposed The Bill of Rights, to make sure the citizens were protected by the law. They believed that no Bill of Rights would be equal to no check on our
Faction, a problem could not avoid in American society because of the vast different opinions. In favor of republican, James Madison emphasized that the strong Constitution has the control to deal with violence and aggression caused by faction which those in favor of democracy could not because of its instability government. Furthermore, in the federalist no.51 he stated that the Constitution’s separation of power also helps mitigate the problem of factionalism. Believing in pluralist theory that power is relatively broadly distributed among many more or less organized interest groups in society, and the fear of majoritarian rule, James Madison one more time convinced that the Constitution will mitigate the problem of factionalism by diving
(GCU, 2012) Responsibilities are specifies the subject-matter jurisdiction of the federal courts, requires trial by jury, defines treason and its enforcement, and states that the Federal courts have jurisdiction over cases involving disputes between states, ambassadors, and dignitaries from other countries. The three branches of government are supposed to work in harmony with each other while guarding the limited power each branch was granted by the people. The intention of these three branches is to keep the balance of power in the favor of the people. They were put into place so that not one branch has too much power and be able to run the Congress in deciding which laws are passed and are not passed. By spreading the power into three different branches, this ensures that the balance of power is equal and not all in person or a team of people’s
If he can simply ignore laws he doesn’t want to enforce for whatever reason, what keeps him from simply doing what he wants and ignoring the congress of the United States? If he doesn’t like the fact that congress does not support him on some aspect of what is happening, he can simply issue an edict in the form of an executive order and he has bypassed the legal process for running this country. In effect, he is a monarch, a
The Justices are devoted to achiev¬ing what they see as the best legal policies, and they deviate from their most preferred policies only for strategic reasons. They have the power to put a void on anything people in the government do, this also includes the president. Many of them came from upper class and graduated from pretty prestigious schools. They also have the power to accept an appeal and make it into a case. The Supreme Court takes part in judicial review which is examination by a country's courts of the actions of the legislative, executive, and administrative branches of government to ensure that those actions conform to the provisions of the constitution.
The constitution contains our unalienable rights that protects us from government. The bill of rights spell out for every american what they can do within the realm of their freedom. Our constitution is our structure. The three branches of government and the checks and balances are all still fundamental in the running of america.But there are outdated sections of it that need to be reguvinated, that need to be discussed for the betterment of our government.It need to declare issues like heathcare and an economic plan so that the country can have a clear path to walk through. It seems like america is too proud to let go of its constitution, it has become a historical trophy for our government that sits and collects dust.We must re-draft the constitution,keeping some fundamental sections but reforming parts that no longer are important, and to add sections that have become a part of america.The action of even questioning the relevance of the constitution, shows the old and non functional nature of the constitution.
Instead the president has to follow the wishes of the Congress and how they want that law to be regulated. Thus proving yet another way Congress can exceed the powers of another branch. Congress also have the power to alter a proposed bill and changing it to better suit their particular views and how they want the law to be constructed. Yes like stated before the president can do this but the judicial system can not. The only thing the judicial system can do is uphold that law the way congress intended but they don’t have the power to change it.
Judicial Branch Independency The United States Government is made up of three branches, the Executive, the Legislative, and the Judicial. Each branch has its own specific job, and within this job is a checks and balance system that is managed coequally with the other two branches. The reason we have a judicial branch of government is to explain the laws of the country under the constitution, review laws, and decides cases involving states’ rights. When learning about the judiciary a good question to ask is, why is it so important that the judiciary branch independent from the others? The most significant reason for the independence of this branch was established by our founding fathers.
Both Hobbes and Locke, previously inspired by Aristotle, believed that government was artificial but necessary to protect men from death in exchange of giving up some rights. Locke in his ‘second Treatise of Government’ describes his ideal government as something that “it should be limited: it should only be strong to protect these three inalienable statesâ€2 referring to Life, Liberty and estate. The idea of Property was due to Montesquieu theory of division of authority in different and numerous