The United States government is built upon three branches: the legislative, executive, and judicial. Each branch is endowed with its own specific set of responsibilities which are carefully laid out in the Constitution. The executive branch is headed by the president, the legislative branch is composed of the house and senate, and the supreme court provides the basis for the judicial branch. Together they form a complex system of checks and balances in which one branch has the power to prevent the actions of another. This design was implemented to ensure that no faction of government would overstep its constitutional role, nor would it be given the opportunity to become too powerful.
As outlined in article of the constitution, our executive
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Without these implementations it would be entirely possible for a branch overstep the bounds of its powers. The main danger in this is tyranny, in which one branch would essentially dominate the entire government. This would mean that all the power was with one body and we would have to adhere to any laws passed by them without debate or even the chance to express differing opinions. If any branch was to go outside of the regulations applied to it, they would effectively cancel out the role of the other branches. For example, if the president decided on his own to declare war, he would have cut out the process in which he is required to seek permission from congress. Therefore, members of the house and senate lose their opportunity to address any concerns about the impending war and if it is an ill made decision there was for it to be stopped. Each branch holds a certain amount of accountability for the other two, preventing situations like this from occurring. In the event that we did not have checks and balances in place it would be fairly easy for our government to push its own agenda in place of one that had the American people in mind and politicians would be free to do as they please in terms of laws and executive …show more content…
While we can infer that Mr.Trump’s intent was to protect our nation against acts of terror, a topic that has increased in importance since the 2001 terrorist attacks. However, the ban was in direct violation of the establishment clause found in the first amendment. The clause explicitly states that the government may not pass any law that shows favoritism or discrimination towards any religion. Since the ban was not placed on any of the countries that were home to the 2001 attackers and focused predominantly on nations with a large Muslim population, it would not be a stretch to assume that the ban was reflective of anti Muslim sentiment. The ban was also in violation of the Due Process Clause found in the fifth amendment which guarantees that illegal aliens in the United States will be allowed to apply for asylum, and the Equal Protection Clause of the fourteenth amendment because the ban encouraged segregation against Muslim citizens. An executive order does not require any approval from Congress, the Supreme Court properly utilized checks and balances to overturn the order on the basis that it did not comply with what is outlined in the Constitution. For the most part, the reversal was able to put the executive branch back within it’s