Executive Power The first American president, George Washington, set standards on presidential power for a successful government. Many of these implied rules and regulations are still carried on today and enforced by the Constitution. Despite the Constitution there are different branches of government that also assist in enforcing these laws. The judicial, legislative and the executive branch perform checks and balances between each branch so as not to give too much power to one branch. This system of checks and balances over the years has been debated in its leniency and lack of enforcement at times.
There would need to be a lot of checks in order to balance this major power supply. In order to see them you need to take a look at what the role of each branch is. First we look at the Legislative branch, which is made up of congress, and the houses of senate. This branch is in charge of of drafting, and passing our laws. The Supreme Court gave itself a large
A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts. Judicial Restraint is the complete opposite of Judicial Activism. The judges should not introduce or instill their own personal or political beliefs into the law. The power and decision of the judges on a verdict should be strictly follow the law and US Constitution. 2.
‘A political, not a judicial institution.’ Discuss this view of the Supreme Court. It can be argued whether the Supreme Court is more of the political or judicial institution because of the number of issues such as appointment process and who judges appointed by, as well as their power of judicial review which could stop any legislation by determining it unconstitutional. However, there are still cases when Supreme Court judges could decide to make restraint decisions, which are independent from any other branch of the government and those decisions are purely based on the Constitution. To start with, the Supreme Court can said to be a political institution because all the judges are being appointed and confirmed by politicians, who are members of other two branches of federal government (Congress and President). It is clear that president choose his nominee from people who share the same (similar) political philosophy and ideology.
How effectively does Congress fulfil its constitutional roles? To start of this essay we must first understand what the role of Congress actually is? The United States Congress is the bicameral legislature of the federal government of the United States consisting of two houses: the House of Representatives and the Senate. It is the law-maker which is the primary and most important function of the legislature. It is through laws that policies of government are laid down for implementation.
I think the judicial system should not be in politics. Although NC has used the merit system for years, in my opinion appointed judges would be more appropriate. This would remove citizens from the judicial selection process in favors of an unelected and unaccountable committee. Rather a committee of unelected legal elites will take the politics out of judicial selections and provide a better Judiciary in the state. Electing judges the way North Carolina does certainly has its disadvantages.
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.
This has made the Supreme Court of the United State to bypass the check and balance system. This branch of government is supposed to maintain justice for the people. According to the Constitution, it has the role of justice
The Court is supposed to pass judgement on matters concerning the constitution and their decisions can be of up most significance because a judgment made in a case then affects the whole country. The method by which the Court exercises its power is by Judicial Review. The strength of the Supreme Court is essential in protecting civil liberties that are protected by the Constitution. The Supreme Court has also increased its power through court cases and through judicial revolutions. One case that has significantly altered the power that the Supreme Court is able to exert was Marbury v Madison 1803.
The courts also then have to investigate the reasons that the Privilege has been used. The separation of powers was not made to create an absolute Executive Power. It was made to help keep some of the powers separate but it was not supposed to be an absolute power. It was made to keep the Legislative and Judiciary Branches out of some of the Executive decisions. The Privilege was used as a way to let the president have some privacy in things that would affect national security.