It is their job to declare void acts by other branches violating the Constitution. Second, as Alexander Hamilton has said in the Federalist Paper, the judiciary review should act as barrier between the people and the Congress. The main goal of the government is to protect the people. The Declaration of Independence also states the government is for the people. The general liberty of the people must not be in danger especially of the government power.
This makes it so one branch can not be come to power full and overpower the other two. It also makes sure that the big decisions have to be approved by more than branch make it so one person can never have power to make a big decisions that will change the lives of all people living in this country. Last of all it creates balance between the powers of big and small states. In the constitutional convention, two plans were proposed called the
It must be established whether the claim was false, fictitious or fraudulent. 3. The government also needs to prove that the false, fictitious or fraudulent claim was material (Salcido, 2009). 4. Another element that must be established beyond a reasonable doubt so as to secure a conviction is that When the US government provides any section of money or property that is essential or demanded, or the state decides to return a contractor, grantee or recipient the requested or demanded money, false claim documents do not need to be submitted directly to the government as the provision virtually covers everything that is of value.
The two steps were Madison’s solution. Step one is to divide the power of government in to three branches; Legislative, Executive, and Judicial. Step two was to give each branch specific powers, and also give each of the three branches the ability to impose some sort of preventative measures on the other. For instance, each Cabinet appointment by the Executive branch needs to be
The rationale for the rule comes from the constitutional concept of limited governmental authority (Hall, 1992). If a search exceeds the constitutional authority of law enforcement then any evidence seized cannot be retained as evidence by the court for a trial (Hall, 1992). This rule can be an effective way to deter the police from violating a person’s rights by searching either their person or property illegally. If the police are aware of the fact that any evidence they gather illegally will not be used in court it should stop them from searching without a warrant. Exceptions Exceptions to the Exclusionary Rule have developed with the many cases that have gone before the Supreme Court.
* Define and give an example of separation of powers and checks and balances * Separation of powers- An aspect of the Madisonian Model of government that requires each of the three branched of government to be independent of and to share power with each other so that one cannot control the others. Ex. Executive, Legislative, and Judicial branches of govn’t all separate * Checks and balances- balances power- Important feature of the Constitution which enables each branch of government to constrain the other branched activities in order to prevent any one branch from gaining too much power. * After the American Revolution and under the Articles of Confederation, who started to gain/lose political power? * the wealthy lost power and the low income/farmers
The Federalists like the separation of powers into three independent branches protected the rights of the people. Each branch would represent a different aspect of the people, and because all three branches being equal, not one group can assume control over another. Federalists also said listing of rights can be a dangerous thing. If the
This is essential for our government to maintain a balance between the three branches without overreach by one over another. Montesquieu said, “To prevent the abuse of power, ’tis necessary that by the very disposition of things power should be a check to power,”(200) he also went on to say, “These three powers should naturally form a state of repose or inaction”(211). Each branch has a certain limited power over the other whether it be the president vetoing legislation, legislators impeaching the president or supreme court justices, or the Supreme Court finding legislation or executive action unconstitutional and/or not in the public’s best interest. It is argued that the judicial branch has no real power, seeing that it has no real enforcement or any legislative capabilities, but its sway is held through recognition and respect. In order to limit the power of congress it is divided into an upper and lower house.
Checks and balances are put into place so that no one area of the government can have full control or become too powerful. In the three branches checks and balances vary and are essential. The Legislative branch given the power to make laws and is there to check the Executive and Judicial branch. The Executive branch is given the power to carry out the laws and is there to check the Legislative and Judicial branch. The Judicial branch is given power to interpret the laws and is there to check the Legislative and Executive branch.
The Federalist’s structure of government is the way to go. Federalist separates powers between all 3 branches so no one have supreme power. In the other hand Anti-Federalist wanted the Legislative to have more power than the Executive branch. The major difference between the Federalist and Anti-Federalist points of view is on the role of the Federal Government. Meanwhile, Anti-Federalist believed power should remain with the states.