Four Principles of the Constitution of US In the USA and in each of the fifty states, the most basic fundamental is a constitution, which is a relatively simple document and is the self-designated supreme law of the land. As the supreme law of the land, Constitutional Law texts are generally divided into two parts. The first part is about the allocation of powers. This entails two basic principles of American Constitution:separation of powers and division of powers. The former one discusses the interaction among the three constituent elements of national goverment, while the latter one refers to the extent of power possessing by the federal goverment and specification of states' power. Both of the two principles function under one principle----checks and balances. The second part of the Constitution is on the specification of rights and liberties for the individuals. To realize the rights and liberties, the Framers were not only dependent on the allocation of powers, but also on another principle of the Constitution----limited goverment. All above are my thesis' four principles of the Amercian Constitution, of which I will introduce one by one as follows. A glance at the organization and provisions of the Constitution will confirm that the principle of separation of powers is in central. Article‡T treats the legislative power and put it in Congress. Article‡U places a largely, undefined executive power in an elected President, while Article‡V locates the judicial power in the Supreme Court, state courts, and any lower federal courts Congress may choose to create. The principle has a long history. Aristotle, an ancient Greek scholar, proposed the famous theory----three essential regime factors(offic... ... middle of paper ... ...usan,and James v.calvi.American Law and Legal Systems(Beijing:Higher Education P,2002)142. He Jiahong,Legal English(Beijing:Law P,2003)61. Coleman,Susan,and James v.calvi. American Law and Legal Systems(Beijing:Higher Education P,2002)143. Dienes,Thomas,and Jerome A.Barron.Constitutional Law(Beijing:Law P,2002)2. Coleman,Susan,and James v.calvi. American Law and Legal Systems(Beijing:Higher Education P,2002)140. He Jiahong,Legal English(Beijing:Law P,2003)57. the Preamble of the Constitution of US Bibliography Coleman,Susan,and James v.calvi.American Law and Legal Systems.Beijing:Higher Education P,2002. He Jiahong,Legal English.Beijing:Law P,2003. Dienes,Thomas,and Jerome A.Barron.Constitutional Law.Beijing:Law P,2002. The Constitution of US.
In conclusion this is why tyranny and federalism, separation of power, checks and balances and big and small states all mean that they are important to know also the branches are a big part especially in the separation of
Separation of power prevents the power from falling all into the hands of one or a few and therefore having tyranny. (Madison FP # 47) It prevents this by having the U.S Government split into three branches, Legislative Branch (Congress), Executive Branch (President), Judicial Branch (The Courts). The Con...
To start out with, the constitution divided power so no one branch or person had complete power over the nation or others. In document B it states, ¨Liberty requires that the three departments of power are distinct and separate.¨ This means that in order to prevent and guard against tyranny we must have different and separate branches holding power if there is only one or they are too similar that could create a small group with close to complete power creating a tyranny. Power must be separated into three branches so that they may check and limit each other so that no laws are passed that will harm the nation and are unconstitutional. The three branches are very separate but can
[Separation of powers is where the government divides power between 3 branches of government so no one branch becomes too power.] [ Document B was written by James Madison in His federalist paper 47.] According to James Madison in document B “Liberty requires that the three departments of power should be separate and distinct this means that each branch should have its own unique and separate jobs.” This quote clearly explains that each branch should have there own separate and distinct jobs so no one branch becomes too powerful.*This quote guard against tyranny because the quote is saying the branches will all have their own powers but can control all the others
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within
The separation of powers keeps any one branch from gaining too much power by creating 3 separate, distinct branches power can be shared equally among. According to Madison, “Liberty requires that the three great departments of power should be separate and distinct.”(Document B) In other words, to avoid tyranny and achieve liberty, the three branches of government (executive, legislative, and judicial) must be separate and diverse. The purpose of a separation of powers is to divide the powers of the government so there is not only one central source of power. The three branches must be as distinct as possible to avoid falling into the hands of one individual leader. There are also checks and balances between these three branches. Checks and balances are a system of each branch monitoring an...
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
In the making of the United States, there were many events that are important. This paper intends to highlight a few of those events including; Magna Carta, Mayflower Compact, Declaration of Independence, Articles of Confederation and the Federalist Papers. Many events in America’s history helped to establish the United States as a free and independent country. The Declaration of Independence in particular explains the rights and freedoms that Americans. Each document is like a stepping stones that leads to the next and building upon the pervious document.
This great country known as Canada, is governed smoothly because of the agreements and rules that have been in place since the beginning of confederation. The Canadian Constitution is one example of these rules. The Canadian Constitution is not just one single documentation, it is a collaboration of documents that make up one enormous document (Dyck 261). The six basic principles of the constitution are: responsible government, federalism, judicial review, the rule of law, constitutional monarchy and democracy; which all helped to shape the Constitution and therefore Canada (Dyck 266).
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
The American citizens all abide by the United States constitution; however, every state has their own constitution where details not stated in the United States constitution may be voted upon and applied to their own state. In this paper I will compare some of the details of governmental powers and individual rights in the California constitution with the Unites States constitution and the Arizona constitution.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
The principle of separation of powers is laid out in Articles I, II, and III, in effort to avoid tyranny. It is a part of a system called check and balances. The check and balances play the roles of the three branches of government. This system was made so that no one branch will over power the other. The three branches come together and help one another by being independent of the other. The legislative branch consists of the Congress, the judicial branch consists of the courts, and the executive branch consists of the president. For an example, when a bill is in progress and the chief executive (president or governor) does not approve of it, he can reject legislation and return it to the legislature with reasons for the rejection. This is a process called veto power.