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The principle of separation of powers
Separation of powers sentence
Principle of separation of powers
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American politics is often defined by a continuing power conflict between the executive and the legislative branches of the government. This struggle for political power between the two stronger branches of the three is inherent in the Constitution, itself. The concepts of separation of powers and checks and balances ensure that the branches of government will remain in conflict and provide a balance that keeps the entire government under control. As it was first established, the executive branch was much smaller and weaker than as we know it today. Consequently, the legislative branch was unquestionably dominant. Over the course of history, the executive branch grew in both size and power to the point where it occasionally overtook the legislative and today rivals the legislative in a much closer political battle. Today both branches have major factors that contribute to their power, but on the whole the legislative remains the lastingly dominant branch. Several aspects of the executive branch give the presidency political power. The president’s biggest constitutional power is the power of the veto (Romance, July 27). This is a power over Congress, allowing the president to stop an act of Congress in its tracks. Two things limit the impact of this power, however. First, the veto is simply a big “NO” aimed at Congress, making it largely a negative power as opposed to a constructive power (July 27). This means that the presidential veto, while still quite potent even by its mere threat, is fundamentally a reactive force rather than an active force. Second, the presidential veto can be overturned by two-thirds of the House of Representatives and Senate (Landy and Milkis, 289). This means that the veto doesn’t even necessarily hav... ... middle of paper ... ...utive branch to gain an amount of power it had never had before. Despite this, Congress retains the benefits of that original constitutional favor and the battle for supremacy between the legislative and the executive branches has become a close one. The legislative branch, however, has a stability of power stemming directly from the Constitution that allows it to remain steadily powerful regardless of circumstances. The executive branch is much more susceptible to the effects of the times and the nature of the people elected to the office. This stability of power makes Congress unquestionably the lastingly dominant branch of American government. Works Cited Landy, Marc and Sidney M. Milkis. American Government: Balancing Democracy and Rights. New York, NY: McGraw-Hill, 2004. Romance, Joseph. Political Science 6 class lectures. Drew University, Summer 2004.
This documentary highlighted the devastating consequences that these mandatory minimum sentencing’s can have on people such as in the case of Kemba Smith and Johnny Patillo, two first time offenders who were charged under the mandatory minimum sentencing’s. Johnny Patillo sentenced to serve 10 years and Kemba Smith sentenced to serve 24.5 years, these individuals were no different than your average citizen who got caught in the fire of these barbaric laws and individuals like these two are used as a deterant to send a message to the public in their efforts to take control of the war on drugs..
From the inception of the Constitution, there has always been a power struggle between the President and Congress. In the beginning, Madison and the Jeffersonians were placed in a gridlock with Hamilton and his school of political philosophy. Andrew Jackson fought to extend the powers of the President, then Congress spent 50 years fighting to repeal the powers of the Executive. Abraham Lincoln refined Jacksonian presidential politics, then Congress impeached his successor, Andrew Johnson, for fear of another quasi -- tyrannical President. Even today, a Congress, whose majority is of the same party as the President, fights 24 hours a day to check the power of President George W. Bush. But why, and how? Inherent Power Struggles Within the Constitution: Article I, Section I -- "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives" VS. Article II, Section I -- "The executive power shall be vested in a President of the United States of America" Article II, Section II -- "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several states, when called into the actual service of the United States" - The Founders' ambiguous and contradicting language sets the stage for a power struggle between the Executive and the Legislative branches - Being that the Founders were political masterminds, they realized that unique circumstances would demand some deviations from the restraints that the Constitution places on both the Executive and the Legislature - Founders anticipated that during times of crisis', the nation would need ...
Teutch, S., & Tuckson, R. Department of Health & Human Services, (2008). U.S. system of oversight of genetic testing: A response to the charge of the secretary of health and human services. Retrieved from website: http://osp.od.nih.gov/sites/default/files/SACGHS_oversight_report.pdf
No matter the recent trend for politicians to be outspoken in their disapproval of mandatory minimum sentences, the issue is a complex one with both benefits and disadvantages. Prior to doing research on the topic, I didn’t have much of an opinion regarding mandatory minimums and did not fully grasp the important role they play in contributing to the United States’ overpopulated prisons. As I began my research on the topic, I found an abundance of resources presenting the negative aspects of mandatory minimums, and initially I agreed with many of the points being made, however, as I continued to research the issue I came to realize the complexity of the matter, with compelling arguments on both sides of the debate. I recognize that there are
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
The President of the United States is considered to be the most powerful person in the world. However, the President is not given the full power, as we think they are given. The President’s legislative powers are defined by a checks and balances system among the executive branch, the legislative branch, and the judicial branch of the American Government. What are the President’s legislative powers? The two main legislative powers the President has is to pass or sign a bill and to veto a bill. However, even if the President vetoes a bill, Congress can still override that veto by a two-thirds vote from both the House of Representatives and the Senate.
While genetic testing can provide valuable information, many of the tests are not regulated. This means that the tests go to market without an independent analysis of the validity (National Human Genome Research Institute, 2015). Genetic test kits are readily available on the internet for home testing. However, the Food and Drug Administration, as well as the Centers
Merryn Ekberg, Maximizing the benefits and minimizing the risks associated with prenatal genetic testing. Health, Risk & Society. 1, 67 – 81 (2007).
It is patients’ right to opt for genetic testing on their own DNA, although they are accepting a great risk by doing so. DNA is unique to each individual, present in each individual since conception, and influences who each individual is, so the information contained within it belongs to each patient, despite the risks. Such risks include DNA testing services providing results to potential employers or insurers, who can make decisions at the disadvantage of the patients if high disease probabilities are discovered. The results can also cause patients to react emotionally poorly and make negative changes to their lifestyles. Although risky, patients deserve the rights to take these risks if they choose to do so.
Within the past thirty years, researchers have found strong evidence linking genes and disease. The development of predictive genetic tests followed shortly after the isolation of certain candidate genes. Although predictive genetic screening is only available for a handful of diseases, its effects and ramifications have become hotly debated issues in a wide range of areas, from government to religion. The debate began in the 1993 when researchers isolated the BRCA1 gene, which is associated with increased risk of developing breast and ovarian cancer. The discovery of this gene led to excitement and speculation of developing a predictive genetic test to identify those women at risk for these cancers. In this paper, I will first describe the biology of genetic testing, and then discuss the pros and cons of predictive genetic testing.
In today’s world, nothing is private; not even personal genetic information. Results from genetic testing can be accessed by employers and insurance companies. Until the Genetic Nondiscrimination Act (GINA) was passed in 2008, employers could deny people jobs and insurance companies could raise their rates solely based a person’s genetic makeup, even if someone is
In one study, genetic testing was the “best way to confirm genetic disease diagnostic” (Rew et al., 2010). This can prepare parents to know what expect and how to treat the disease or disorder. The results also help the doctors to be prepared if the child has the certain disease or not. It can allow the quality of living to increase as more intervention programs can help treat the potential disease. Even these tests can give an insight of the child’s health, it only shows the likelihood of getting the disease. This can produce anxiety and worry for the
Genetic testing, also known as screening, is a rapidly advancing new scientific field that can potentially revolutionize not only the world of medicine, but many aspects of our lives. Genetic screening is the sequencing of human DNA in order to discover genetic differences, anomalies, or mutations that may prove pathological. As genetic screening becomes more advanced and easily accessible, it presents society with difficult questions that must be asked about the boundaries of science and to what degree we are allowed to tamper with the human genome. To better understand the potential impact of genetic screening on our society, we must examine the potential benefits in comparison to the possible negative impact it may cause. With this knowledge in hand, we can examine what the future holds for this field of study and the best possible direction to take.
Kerath, S.M., Klein, G., Kern, M., Shapira, I., Witthuhn, J., Norohna, N., ... Taioli, E. (2013). Beliefs and attitudes towards participating in genetic research. BMC Public Health, 13(1), p1-9.