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Constitutional Law ; Checks & Balances
Constitutional Law ; Checks & Balances
Constitutional Law ; Checks & Balances
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“How Did the Constitution Guard Against Tyranny?” In the year of 1787, delegates met in Philadelphia to write the Constitution. Tyranny, which is a type of government with an absolute ruler, was a fear. For James Madison and the delegates, it was a challenge for them to write the Constitution that could be strong enough to hold the people and the states together without anybody taking over too much control. James Madison’s idea between central and state governments if Federalism (Document A).
The legislative branch is made up of the House and Senate, known collectively as the Congress. Among other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies. Checks and balances usually ensure that no one person or department has absolute control over decisions, clearly define the assigned duties, and force cooperation in completing
All three branches have a purpose in the government and they work together so that they can have a good government without worrying about tyranny. The legislative branch gives all of their power to the Senate and the House of Representatives and they are supposed to make the laws and pass the laws. The Executive branch invests all of their power to the president and vice president, and their job is to enforce the laws. The judicial branch gives all of their power to the Supreme Court, and their job is to explain the laws to the country and make sure that they are Constitutional. They all work together to keep from making a tyranny.
The Executive branch executes laws and is the president. The Judicial branch judges laws and is the Supreme Court. The Legislative branch creates laws and is the House of Representatives and Senate. James Madison said in Federalist Paper #47 Document B, “the accumulation of all powers...in the same hands...may be justly pronounced the very definition of tyranny.” This helps protect from tyranny because the Separation of Powers prevents all power from being in the same hands.
On the onset, it might appear as though the federal bureaucracy and Congress are two completely separate entities, with no relation to each other. However, upon a further look into the situation, it is obvious that the two work closely together, Congress makes and passes the laws, and the federal bureaucracy institutes and enforces those laws into action. Even though these two separate entities have their own specific functions, Congress is truly in control over the federal bureaucracy. Among the several different methods of control Congress employees, there are two specific measures Congress takes that standout among the rest. The measure of control is Congress institutes is Congressional investigations.
In the event that the president tries to take the force of another branch, than the legislative branch can impeach the president. This is one of the checks of the legislative branch on the Executive branch . Every branch has a check of another branch, so if one branch is doing something unconstitutional , another branch can check the unconstitutional decision , and fix the issue. This guards against one branch taking power over the other
The first is the Executive; this includes the president and vice president with powers to veto the Senate of establishing laws, appoints judges and other officials, and ensures all laws are carried out. The second is the Legislative branch; this includes the House and Senate with powers to pass all laws, establish lower federal courts, and can impeach the President. Lastly, there is the Judicial branch; this includes the federal courts and Supreme Court with powers to interpret laws of the nation and declare any law or executive act unconstitutional. It was created this way to prevent anyone branch from becoming too powerful and dominate the government (U.S. Constitution,
From the failure of the Articles, should the new government, the Constitution, be approved? In 1788, the Constitution was created as the Articles of Confederation wasn’t successful and strong enough for their new government. During that time, a debate went throughout America about the Constitution whether to ratify it or not. Yes, the Constitution should be ratified because a Bill of Rights was promised, no one overpowered (in the government; checks and balances), and it is fair to both citizens and officials. Starting off, a bill of rights was promised which would ensure many things for the citizens.
The Legislative branch makes laws. The Judicial branch is all about interpreting the meaning of laws and applies laws to individual cases. The Supreme Court is the highest court in the United States of America. The head of the Executive branch is the President of the United States of America and he acts as the
But the legislative branch decides who goes into the judicial branch, can override the veto, and impeach the president. The judicial branch can say the presidents acts are unconstitutional, but the president (part of executive branch) nominates judges who are in the judicial branch. Lastly, the judicial branch can make laws unconstitutional. Checks and balances protects against tyranny because they gave each of the 3 branches of government several ways of having power over the other 2
The Congress is the supreme potent branch in the US, holds the agendas of the government. The two major political parties in the US Congress are The Republican and the Democratic Party with the Democratic Party comprising of 188 seats and the Republicans 246 seats. The Congress performs functions such as, representation of the people, law making, oversight performance, ensuring the public is fully educated and serving their constituents. Several factors have made it difficult for the democrats and Republicans in the congress to expressive a rational political outline.
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
The Constitution clearly makes the Congress the most powerful of the three branches of government. Depending on the circumstances, however, the President might have more influence on Congress than one would think based on the separation of powers outlined in the
One of the first items that came from the Constitution was the Congressional (Legislative) Branch. The founding fathers of the United wanted to have a bicameral legislature, or two chambers, to represent the people. These two chambers came to be the House of Representatives and the Senate. Each one has different total number of members, different qualifications needed to be met to run, different leadership roles, and exercises in political power.
The executive branch can check the laws congress wants to pass and can veto them if he disagrees. The Legislative branch can check the executive by accepting the already vetoed law and can impeach or fire the president out of office. The Justice Branch can make sure peoples rights and liberties are being followed and check if the laws follow the constitution's rules. In the text, it says “To further limit government power the framers provided for separation of powers the constitution separates the government into three branches Congress of the legislative branch makes the laws. The executive branch headed by the president carries out laws.
