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The power of american judiciary as a branch of the government
The checks and balances in America's political system
The checks and balances in America's political system
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The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch. This branch, however, does not have all the power. There is a system put into place by the founding fathers called checks and balances. This system was though up with one goal in mind, to allow near equal flow of power between the three branches. Each branch has a way to negate the effect of another branch's power. Whether that way be of major or minor influence to another branch. This system is designed to keep the government from overturning itself and creating disorder. Although this system is designed in good intentions, at times it causes even more dysfunction than it seeks to prevent. "A simple bill takes forever to pass, sometimes people just give up on things because the branches cannot agree." (The Q&A Wiki ). The three branches use their checks excessively at times at cause laws to pass extremely slowly. The Legislative Branch, or Congress, " creates, abolishes, and changes [the] federal laws which govern the nation." (World Book 138). This branch is divided into two houses: the Senate and the House of Representatives and is run by the Vice President. The two houses collaborate to decide what laws will be passed and how to word them. This branch can "check" the power of the other two branches. T... ... middle of paper ... ...utional Topic: Checks and Balances - The U.S. Constitution Online - USConstitution.net." Index Page - The U.S. Constitution Online - USConstitution.net. Ed. Steve Mount. Craig Walenta, 24 Jan. 2010. Web. 20 Dec. 2011. . "Re: What Are Problems in the Checks and Balances System." Web log comment. The Q&A Wiki. Answers Corporation. Web. 20 Dec. 2011. . "The Legislative Process • House.gov." The United States House of Representatives • House.gov. U.S. House of Representatives. Web. 20 Dec. 2011. . "United States Government."World Book. 2004 Edition. Volume 20. 2004. Remy, Richard C. United States Government: Democracy in Action. New York, NY: Glencoe/McGraw-Hill, 2006. Print.
doc C. -. So they made three branches to balance the power out. One branch does not have all the power. Legislative branch can approve things from the other two branches. That rule goes with the other two branches.
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
The legislative branch is responsible for making laws and includes Congress, the Senate and the House of Representatives. The Senate has 100 members, two from each state. The house of representatives is made up of 435 members, and the larger the population of the state is, the more representatives it will have. The House and the Senate are also known as Congressional Chambers, and they both have particular exclusive powers. The consent of both chambers is required to pass any legislation. But it can only become law if it is signed by the President. The President has the power to veto a bill though, which will deny the legislation and kick the bill back to Congress. It may then only be passed if 2/3 of both houses of Congress vote to pass the bill.
October 5, 2013 in Cornell Law. CRS/LII Annotated Constitution of the United States. Cornell University Law School, Inc. 2013. The. Web. The Web.
Without this system, one branch of government might become more powerful than the others. It is necessary that we keep each branch equally powerful so that one matter doesn’t get more attention than the others. For example, the president could veto a law passed by Congress. Congress can override that veto under certain circumstances. Another example is that the Supreme Court may check Congress by making a law unconstitutional. The power is balanced by the fact that members of the Supreme Court are appointed by the president. Those appointments have to be approved by
In conclusion, The Legislative Branch is the most powerful branch of the United States government not only because of the powers given to them by the Constitution, but also the implied powers that Congress has. There is also Congress’s ability to triumph over the Checks and balances that limits their power. The only thing truly holding The Legislative Branch back from gaining all the power, is the large amount of people involved in the process and their difference and ideologies, and that Congress is split into multiple houses, with public opinion and elections affecting half of the branch of government. Therefore, The Legislative Branch is the most powerful branch of the United States Government.
veto( Doc. C). Thus neither branch can complain to each other saying it wasn't fair that they did that or whatever the case is. Another thing would be the three branches
According to textbook We the People, checks and balances is a rule to limit abuse of power, each division of government is able to take part in and impact other alternative divisions (Ginsberg et al. 42). This rule of checks and balances makes it possible for our branches to check one another and to limit the abuse of power. In the book We the People, explains “each branch is given not only its own powers but also some power to the other branches. (Ginsberg et al. 47).” In the end you will understand how this concept of checks and balance applies throughout the structure of the U.S
According to Hamilton in Federalist 78, the judicial branch has the least amount of power among the three branches of government. The Judiciary is “the weakest of the three departments of power, that it can never attack with success either of the other two” (Woll, 410). The enumerated powers of Congress include the authority to collect taxes, borrow money, regulate commerce, and pass federal law. These assigned powers permit Congress to control the economy and regulate the public by adopting legislations. The Executive branch has the power to enforce laws, negotiate treaties, and accept ambassadors. Possessing these powers along with being the Commander in Chief of the armed forces, the President is capable of leading the federal government through perils pertaining to the public. The Judiciary “has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever…It may truly be said to have neither FORCE NOR WILL, but merely judgment” (Woll, 410). The Judicial branch lacks the influential power possessed by Congress and the President in the federal government and is further limited by presidential appointment of justices and congressional decision to establish lower courts. The Supreme Courts’ ability to pass judgment, however, gives significant power...
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
There are three very powerful and influential branches in the United States, the Legislative branch, the Executive branch, and the Judicial branch. Each branch is powerful for as the Legislative branch is to create laws, the Executive branch to enforces laws, the Judicial branch to interprets the laws. However out of the three, I believe that the Executive branch is the most powerful and influential one of all. For reasons as it has the Presidency, the president has the final say if he wants to pass a law or not. Also it propose many laws of there choice. The Executive branch has the green light to command the armed forces.
The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office. The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional. The Judicial branch decides whether a law is unconstitutional by exercising judicial review.The system of Checks and Balances plays a very important role in the United States government. This system was built so that one of the branches of government can never have too much power; therefore one branch of government is controlled by the other two branches. Each branch of government checks the power of the other branches to be sure that every branch has equal power. The people of the United States put their trust into the government and in return want their rights to be protected. The roll this plays today is how we can have new laws that work for our nation. The main goal is to maintain equally in the government. The system of Checks and Balances plays a very important role in the United States
According to the duties found under the works of Article III, the judicial branch deals with defining laws and protecting the Constitution. Section 1 of Article III creates the Supreme Court, “The Judicial Power of the United States shall be vested in one supreme Court”. The Supreme Court is the paramount court, its role in the government is to take the appeals from the subordinate courts who are hoping to overturn the court’s decision, and construe and resolve any confusion of laws regarding the Constitution
The legislative branch has the responsibility for interpreting the nation’s laws, settling disagreements between states, and protecting the Constitution. For an example if the congress votes on the bill and if two third votes to pass it the bill is made into a law then the president can decide to sign the bill or not if he doesn’t sign the bill after 10 days the bill will become a law without his signed needed. Also if the president decides he wants to pass a law for example everybody gets free money every friday if the legislative branch decides it’s not a good idea they won't pass the
The Judiciary is not only a branch, but a system of courts that interprets and applies the law in the name of the state. The judiciary system also provides a mechanism for the resolution of disputes. In some places across the globe, the judiciary branch does not make the law nor enforce the law, instead they interpret the law and apply it to each individual case that it needs to be applied to. The Judicial branch of our government is not only the Supreme Court, but also the federal courts. One of their many jobs is to explain the laws and figure out if they are a part of the constitution.