The young nation, barely three years old, was dying. Ten years after the Declaration of Independence, America was struggling to hold itself together. The Articles of Confederation, designed during the Revolution, demolished even the inkling of monarchy by forcing the national government to abide by the whim of the states. During the Revolutionary War the states held together out of necessity, but after the war, the states became hostile to their neighbors. It quickly became evident that a serious crisis has settled upon the United States.
The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.
The United States is a constitutional republic with a representative democracy, the political system consists of three branches of government; Executive, Legislative, and Judicial. The Supreme Court established under the Judiciary Act of 1789 is an integral part of America’s political system, which plays an important role in the checks and balances between the three branches of Government. The Supreme Court’s role in checks and balances was established following the case of Marbury vs. Madison, when the Supreme Court was granted the ability to perform Judicial Review. Over the last two centuries the Supreme Court has further evolved by becoming more involved with civil liberties and individual rights, as well as by changing the way the constitution
Taking a significant step away from the Framers’ vision of the judiciary and stepping closer toward a politicized Supreme Court that acts as a super-legislature and super-regulator; Massachusetts v EPA, in a 5-4 decision the Supreme Court stepping closer toward a politicized Supreme Court that acts as a super-legislature and super-regulator (p. 176, Rosenbloom, 2015, Vicara, 2017). In this decision, the Court substituted its judgment for that of the politically accountable branches of the federal government. In doing so, the Court undermined the legal rules of standing. The majority also supported its decision with a one-sided and unsophisticated account of the scientific evidence for the petitioners’ claims concerning climate change, needlessly
s Article VI grants Congress the power to make and maintain military powers (an army or navy). Meanwhile, the article grants permission to make postal offices, to establish courts, to declare war, and raise money. Two-thirds of representative and the Senate must vote on the change. In addition, three-fourths of the state must vote for change. The treaties and laws represented in the Constitution are primary and the most important law in the country.
The United States is a highly legalized country. The concept of the Constitution was deeply rooted into the country's life. It can be said that the origin of the United States Constitution is the gun dispute as the core. According to the Second Amendments of the US Constitution, people have the right to keep and possess arms. The purpose is to ensure that the state power is not violated, and it is a restriction for Federation.
If the Constitution was not supported by the majority of states, numerous problem would occur. The constitution was made to solve problems caused by the articles of confederation and by receiving the nation. The Articles of Confederation had some positives aspects of it but generally it lacked any power. If the Constitution was not ratified, the nation would still be possibly dealing with issues such as taxation, slavery and unity.
The Pros and Cons That Created The Constitution How did the Declaration of Independence influence the Constitution? The Declaration of Independence was the Colonies way of separation from Britain's power and control. To break free and become reconized as an Independent state.
Even though the Articles have some major flaws, the Constitution should not be approved because of its own dangers it brings. For one, we Americans just spent years fighting for our independence from Britain due to the unfair treatment inflicted Britain’s strong government. If we approve the Constitution, our own central government would become much stronger, and potentially we could end up in the same situation once again. Additionally, we broke away from Britain because many people disliked the idea of a King in charge. Under the Constitution, a president would be elected and given four years of rule; in this long period of time, a president could easily take his power and authority over the army to unfairy govern the States, lead us into
This week we are to write about the Judicial Branch. I have chosen the high and almighty U.S. Supreme Court. Section 1 of Article III of The Constitution states that there should be a sole high court, the Supreme Court, that shall have the vested judicial powers of the United States. (The Constitution) The Federal Judiciary Act of 1789 was the landmark statute that was introduced in the first session of the United States Congress.
A. Standing to Challenge Legislation Former Chief Justice John Marshall established the Court’s authority to determine the constitutionality of statutes and laws within the United States. However, although it is a generally agreed upon principle that it is the duty of the Court to interpret the Constitutionality of legislation, the Court will refuse a case if the plaintiff lacks standing. Unique prudential concerns arise in unique circumstances.
The 3 Branches All of the branches have their pros and cons with what they are allowed to do concerning all of them. With there being 3 branches with all the power split up, not one branch overpowers the others. Checks and balances are the main reason for the balance among branches. With this system in effect, it causes strengths and weaknesses in all of the branches to even the responsibilities of what they are and isn't allowed to do. Each branch does have its special perks that can make one better than the other depending on what you see best.
“Good Morning dear classmates and teacher, I will be delivering a speech explaining why the US Judicial Branch is Good but Far from Perfect…” Thanks to the principle of Separation of Powers, the U.S. government is divided into three branches, each responsible for accomplishing specific tasks. “The judicial branch is in charge of deciding the meaning of laws, how to apply them to real situations, and whether a law breaks the rules of the Constitution or not. It is said that The Constitution of the United States is the highest law of our Nation. The U.S. Supreme Court, the highest court in the United States, is part of the Judicial Branch.
I believe that a person can predict a decision that the Supreme Court Justices make because of their views are liberal or conservative. Because of their views on either side, they deal with cases by finding loopholes to interpret the laws to make it suitable for the case that works on their side (Pollack, 2017). The final legislation and authority in this country are The United States Supreme Court, despite the objective decision making they decide constitutional cases which are sometimes far from a neutral outcome. The federal judges and the Supreme Court Justices and appointed by the president because it is a political contest between the liberals and the conservatives so that when there is a substantial issue like abortion, there is only
These decisions are theirs alone and not up to legislation or put to vote by the people. Our text makes some valid points that this sort of lawmaking is too powerful for the nonelected judiciary and the courts. I think that after coming up with new ideas that it should either be put through our
