First, it does not always reflect the will of the people. Since it is the people who elect the Congress and the President, I believe their will should prevail. The Supreme Court should obey the will of the people rather than relying on interpretation of the constitution. Also, Judicial Review may cause a president or Congress to delay some activity or law until they get an opinion from legal advisers as to the constitutionality of the action or law, (Clinton, 1989). This might affect solving some essential matters of urgency lest the Supreme Court rules against it
Madison pointed out, “...the constant aim is to divide and arrange the several offices in such manner as that they may be check on the other…” (Document C). In other words, the goal is for the three branches (legislative, executive, judicial) is to have a measure of influence on each other, allowing and blocking some procedures being brought out by the other branches. For example the president (executive) can appoint judges in the Supreme Court (judicial), but the courts in return can declare presidential acts unconstitutional. The Supreme Court can also declare laws made by legislation unconstitutional, but the Senate (legislative) confirms judges nominated by the president and have the power to impeach or remove them from office.
While writing the constitution congress separated government into legislative, executive, and judicial branches in federal and state governments. According to Article 1 the legislative branch would create laws, the executive branch would enforce the laws, and the judicial branch would interpret laws. The goal of this was to ensure that the government of America did not have too much control over the people which is what Great Britain did to them in the revolutionary war. Including a system of checks and balances would ensure this to the people of America. In Federalist Paper #47 James Madison talks about how too much power would be bad.
On the off chance that the Supreme Court did not set up translations of the Constitution when choosing on the off chance that they ought to topple an elected law, then there would be no positive understanding in the national government with reference to how certain parts of the Constitution ought to be seen. The Constitution is frequently thought to be the standard that all laws ought to conform to. On the off chance that there was no clear elucidation to the Constitution on a government level, than it would be troublesome for individuals from Congress to attempt to make laws that agree to the Constitution if there is no distinct intending to the Constitution's rights. Likewise, individuals from Congress may attempt to contend that the Constitution ought to be translated certainly just to guarantee that a law they support can get passed. There are a few individuals who might contend that if only one branch of government has the ability to decide how the Constitution ought to be translated, then this branch would turn out to be too effective.
According to Articles I, II, and III in the U.S. Constitution, the federal government is divided into three different branches with all different jobs. This means that each branch is separate and cannot have all the power. For example, the President cannot make a person guilty, that’s the Court’s job. James Madison states in the Federalist Papers #47 that, 1788.“...(L)iberty requires that the three great departments of power should be separate and distinct.” This means that the government is split up into three different and separate branches, the legislative, executive, and judicial branches, so that we can be free from tyranny.
In the book The Grapes of Wrath, the author John Steinbeck, introduces the character, Jim Casy, as a preacher who stopped preaching because he was preaching about how to be closer to God but he was doing very ungodly things behind his churches back. Although, throughout the book he keeps reminding the family by his actions that he still is a Christ like figure. Jim tries to convince the Joad family, not by telling them, but by his actions that he is still a Christ like figure. For example, Jim sacrifices himself when he turns himself in to save Tom after an altercation with a deputy.
The three branches were established by the Constitution and divided into executive, legislative, and judicial. The executive branch consists of the president and his cabinet, the legislative branch consists of Congress, the Senate, and the House of Representatives, and the judicial branch consists of the Supreme court and other federal courts. Focusing on the judicial branch, the Constitution has established the Supreme Court as the only court to make decisions of national importance. One strength of this branch is that it holds the power to provide equal justice and determine if the laws passed by Congress are constitutional through appeals, trials, and review. “Put simply, for federal theorists judicial supremacy exists because it must:
In addition, the executive branch was responsible for enforcing or vetoing laws passed by Congress (in addition to its other powers). As for the judiciary, it is responsible for interpreting federal laws and the constitution and for overseeing the decisions made by the federal and state courts. Before when it was unable to address economic and boundary disputes, the judiciary under the constitution was able to address a wide range conflicts. Above all, these three branches of government share equal power to prevent one form of government from becoming too
Under the Articles, only Congress had the controlling power as unicameral government. However, under the Constitution, there are three branches comprising the Executive, the Legislative, and the Judicial. The Executive is referring to the United States President in terms of practicing the laws. The Legislative means that the Congress and the Senate are responsible for making laws. In terms of Judicial, the Supreme Court and Federal Courts are created to interpreted the laws.
The reason why I think the constitution should be ratified because of the separation of powers. All the branches had more than one job to do. The legislative(congress) writes the laws, confirms presidential appointments. The Executive(president) proposes laws, administers the laws and appoints ambassadors and other officials. Last the Judicial(supreme court) Interpret the constitution and other laws and reviews lower-court decisions.
It is clear that the Founding Fathers had created three branches of government for the Constitution,to ensure that no branch of government would take more power over another branch. “ To make all laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States...” (2: Source A).Although there is the legislative branch that makes laws and sets restrictions laid out that will benefit the government sufficiently, there are still arguments and conflicts based on the imbalance of power, and how the abuses of the government should be controlled because it corrupts entirely. Some people claim that the Constitution was completely unjust because there were problems within the government under the Articles of Confederation. “A reluctance to taxes, an impatience of government, a rage for property and little regard to the means of acquiring it...”
The United States Constitution is the supreme law of the United States of America. The Constitution is the outline our founding fathers created to describe the nature and functions of government. Its first three articles consist of a doctrine of the separation of powers, which divides the federal government into three branches: the legislative, consisting of Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. The constitution is meant to govern the federal government while the bill of rights is meant to govern the
I agree with your post because I do think that our founding father would not agree on the expansion of powers of the president. The three branches of our government was created by our founding father in order to balance out the power of the president, so that neither one branch can have too much power over the nation. When they crafted this idea they had seen other country where there is only one prime minister (North Korea and Russia for example) that overseen every action of a nation which the power was too powerful and decision making can be challenging for the citizens when they cannot vote on new law and regulation.
The first article of the Constitution says "ALL legislative powers...shall be vested in a Congress." The second article then reads "the executive power...in a President." The third article gives the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress...may establish."
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
