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Critically discuss the doctrine of separation of powers
Critically analyze the doctrine of separation of power
Critically discuss the doctrine of separation of powers
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The legislative process begins with bills brought to the House or Senate. The bills that are sent there are one’s that stick out. There is a committee that reviews the bill thoroughly and they can ignore it or determine whether it needs further review. The further review is looked by the subcommittee and is viewed by the President and public officials as well as both sides of legislation, why the bill should be passed or denied. After the hearings, they markup the bill and edit the bill according to the amendments so that they can present the bill to the entire committee. Then the information from the subcommittee is sent to the committee for a more in detail review and hearings. They then vote on the subcommittee's arguments and back it …show more content…
If the President does not sign it within ten business days it immediately becomes law. The President also has the power to veto it and Congress can override the veto and this requires two thirds of the members to make the decision. Through the legislative process we see the process of multiple branches reviewing legislation. Madison in Federalist #51 wished to have a government where Proper Checks and Balances between all the Branches of government. The legislative process is a great depiction of what Madison envisioned. In Federalist 51, Madison criticizes the way power was distributed and pushed for a legislative, executive and judicial branches. They should all be separate and in this way the people are not led by a dictatorship, but allows for good and smart decision concerning the country as a whole. James Madison said “If men are angels, no government would be necessary.” This quote is the epitome of Federalist 51 because Madison wanted to stress the importance of how there will be conflict due to human nature and that a perfect government is not realistic, but by creating a division of power allows for a better run
The law making process is a lengthy process. First, a representative must have an idea for a new law and they become the sponsor of this bill. The representative must present to the bill to the Clerk of the House if it is in the house (H.R. Bills), or in the Senate (S Bills). The Government Printing Office, GPO, then prints the bill and distributes it to each representative. The Speaker of the House, for further study, then assigns this bill to a standing committee within the house. The standing committee studies the bill and its contents and has two options, either to release the bill with a recommendation to pass it or lay it aside so it cannot be voted on. If the bill is released, it may be voted on or sent into debate within the house and needs a majority vote for the bill to move onto the Senate. Within the Senate, the bill must go through one of the Senate’s sixteen standing committees, and as with the House of Representatives, the bill is either released or pigeonholed. If it is released, a simple majority passes the bill. The bill takes another step into a conference committee, which is made up of members of the Hou...
Most individuals with a general background knowledge of the United States Federal Government system are aware that in order for a bill to become a law, it must first pass a majority vote in Congress. There is, however, a very important step in the legislative process that sometimes goes unnoticed. The committee system of the legislation process ensures that the appropriate attention is given to each bill introduced to Congress. Each member of both chambers are assigned to committees and subcommittees, and are expected to become subject matter experts in their respective roles as committee members.
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
Federalist No. 10 and No. 51 were a series of essays written by James Madison, arguing for the ratification of the U.S Constitution. Before the ratification, the Articles of Confederation only bounded the thirteen colonies, uniting them as military alliance rather than a cohesive government. The central government lacked authority; the national government could not collect taxes or force states to comply with their laws. The lack of a strong central government made it difficult for states to operate effectively as one single nation. The state legislatures had too much power under the Articles, so Madison’s goal was to restrain the power of the states. Madison, Jay, and Hamilton, wrote the Federalist Papers to encourage the citizens to support the ratification of the Constitution. Federalist No.10 and No. 51 are highly regarded in comparison to the rest of the essays. Federalist No.10 is the introduction to Madison’s contributions of the series. Madison addresses the question of "factions" and disastrous effect to our liberties. Madison argues that a strong and large republic would best control the effects of factions, rather than a smaller republic. Madison also argues for representation in government rather than direct democracy. With delegates, the passions of the people would-be filtered, and only the ideas that are good for the majority of the people would prevail. Madison expands his argument in Federalist No.10 by having three separate branches of government, the judicial, legislative, and executive. Each branch would be independent and have equal power. Madison also notes that people are fundamentally flawed, so government needs to be able to control their passions. Madison states, “If men were angels, no government would b...
In The Federalist Papers by James Madison, Madison discuses various aspects of government and how the government must be organized in order to better represent the people. In The Federalist, No. 10 Madison discusses the nature of political factions and parties and how they can affect the government and its practices. The Federalist, No. 51 discusses instead how the government being in branches helps maintain liberties and better protect the American people. The topics mentioned in The Federalist Papers continue to explain and structure our government today.
The United States Congress was created by the framers of the Constitution as the most important part of the legislative branch of the national government. The Congress was set up with a bicameral structure composed by the House of Representatives or Lower Chamber and the Senate or Upper Chamber. According to “Origins and Development” and “History of the House”, two descriptions of the history of the Congress, both chambers assembled for the very first time in New York in 1789 and then moved to Philadelphia in 1790 where they stayed for 10 years. In 1800 the Congress moved to Washington, DC; however, it was not until 1857 and 1859 that the House of Representatives and the Senate respectively moved to their current meeting locations in the Capitol after its restoration due to the British invasion of 1814 that burned the building. With more than two centuries legislating, the Congress has acquired great expertise in governing the country and meeting the Constitution’s mandates. Yet, in order to accomplish all its tasks the Congress has a very well-defined structure and very specific ways to proceed. Indeed, in order to undertake the most important of its mandates, “to enact law”, the Congress has a rigorous procedure that is combined with some of the different structural elements of Congress which indicate the direction that bills must follow once introduced. One of the most important of such elements is the congressional committee structure.
The legislative process in Texas utilizes an introduction, a committee action, a floor action, and an enrollment in it's lawmaking process. This process can be complicated, however, it is a system that has been used for many years. Thousands of bills go through this organized process every other year and keep Texas modern and running
Congress and The Presidency Congress as a whole makes laws. When Bills are addressed they must meet the approval of both the House and the Senate in order to become a Law, and then the President can always veto it. Congress also deals with matters of public concern be it something that needs to be investigated or something that needs to be put before the public to raise awareness. Congress is made up of two parts: The Senate and the House of Representatives. Each is granted different powers and responsibilities.
The Legislative Branch is Congress, which has just two branches - the House of Representatives and the Senate. To understand the power held by the Legislative Branch, we should refer to the Constitution itself. Per Section 8 of Article I, Congress may only act within the powers granted to them explicitly in the Constitution, these are called enumerated powers. But this doesn’t mean the powers granted to them were diminutive. The entire legislative power was constitutionally delegated to Congress. The House and Senate serve, for the most part, to work together (though not necessarily in harmony) on passing laws, and both House and Senate must approve all bills. The framers began with the forming Article I: The Legislative Article for a simple reason; law making is an extremely important function for our government. I believe they dug their heels in here first because they intended for it to be the longest, most thorough article in the Constitution, and every word truthfully serves a divine purpose of laying out the structure of how our Legislative Branch should run. With a mere 2,...
Most legislation originates from governmental departments and agencies. In committees, a majority vote decides and often, compromise must be reached in order for a bill or law to survive committee action. This frequently requires that a delegate alter his position in order to achieve a compromise. This compromise may or may not reflect the wishes of the people he/she represents. The Modern Bureaucracy in the United States serves to administer, gather information, conduct investigations, regulate, and license.
The United States government braces its power among three powerful branches, legislative, executive and judicial. These branches interact with one another to establish authority that is strong, yet equal to have power over the country. Each branch pursues certain responsibilities and duties to operate in an efficient and effective manner in which society upholds. The executive, legislative and judicial branches all interact amid each other to validate accuracy of the nation’s most powerful law of the land, the Constitution. It is important to know how these branches interact with each other to learn how a bill becomes a law. Reflecting on how the three branches promote a balance of power that is constructive to include the agendas and electoral roles that also plays a vast part in the government’s operation.
First, in the long process of a bill becoming a law is introducing a bill. After someone from Congress in either chamber has come up with an idea for a bill they must introduce it. For members of the House of Representatives this is easy. All they have to do is put their idea in a mahogany box at the front of the chamber called the hopper. Now for a Senator to introduce a bill they must either hand it to the clerk of the Senate or they must talk about it in a presentation to their peers in a floor speech. Sometimes though Senators can cut down this process by adding their bill as an amendment to legislation that is already being processed. This saves them a lot of time. Also, new ideas for bills are labeled depending on what chamber they come from. Bills from the house will always be labeled with an H.R. with its number behind it. Well bills from the Senate will always be labeled with an S. followed by its number.
Since the late 1700s, American government continuously found itself in gridlock with the executive and legislative branch in passing bills. The executive, which is commonly known as where ‘the highest office in the land’ is located, enforces the laws passed by congress. At times, the executive must come up with new and unique ways to combat congress hesitation and approve bills the branch wants. Some tools in the executive’s toolkit such as having some authority over agencies budget help to enforce other departments to work with the leaders of the executive branch. Although the division of powers among the branches limits the executive branch effectiveness in some forms, the executive branch is able to overcome their difficulties through innovative
Delegated Legislation An enabling Act of parliament authorises somebody else or another organisation other than parliament to make laws. This form of legislating is called 'delegated legislation'. These powers that have been granted to certain bodies are exercised through statutory instruments, orders in Council, or bye-laws. Examples of delegated legislation by a local authority are the legislating of a Bye-law, made by Bristol city council concerning the fouling of pavements by dogs.
the rules that are made, are to be followed when a person is in their