The American government is divided in 3 branches, executive, legislative, and judicial. This paper will give focus into the third branch, and explain how the American judicial system has changed throughout the years. Through analyzes of the Constitution, the Federalist paper and other sources in search of how does changes occurred and for which reason. These branches were created to certify that the government had a just and unbreakable system, in which no branch holds all the power. The first idea of creation of the government was the Republic, and this division is to make sure that this idea stands.
Another method the Constitution protects against tyranny is Separation of Powers. Separation of Powers is the division of powers into three branches. In Document B it explains that the legislative branch makes laws, the executive branch enforces laws, and the judicial branch passes them. This evidence explains how the Constitution guards against tyranny because it separates the powers of the government and it makes sure that no branch has more power than the other.
How did the constitution guard tyranny? The constitution guards against tyranny by the powers of the government, the 3 branches of the government, checks and balances, and the House of Representatives and the Senate. All of the powers of the government guarded against tyranny. There were two different governments to balance the powers. The two governments were the state government and central government.
(Document 8) George Washington stated that the people should have a say in the nation and government and everything should not be left to the government to decide. (Document 3) Although George Washington was a Federalist many believed he showed a point of view that seemed to be Anti-Federalists. Many believed that The Bill of Rights needed to be changed and modified and a new document’s time to come into place. As it was definitely difficult to do so, the Constitution was ratified in
The three main decisions that I chose that they had to make that would guard against tyranny were making the three branches of government, how the branches of government could check each other, and also how they made the rule that you would have representation according to population. One of the ways that the United States guarded against cruel and oppressive government or rule was that they made the three branches of government. These three branches were the Executive Branch, the Legislative Branch, and the Judicial Branch. This helped guard against cruel and oppressive government or rule because “they were separate and distinct powers.” (Doc B) This would help to guard against cruel and oppressive government or rule because all of these powers were separated so there wasn’t one overpowering government. Also, this helped because instead of there being one person or group to decide everything, there would be three different groups so that way they could get more done.
As a nation you have to comply with the traditions and interests that will better the nation, you have to adhere to the laws with respect to the people, you have to balance political interests between both the commoners and the nobility, and you have to have a mixed government where all castes of people have a say in political affairs. He also states in the letter that ,“by the principles of the Revolution, the people of England have acquired three fundamental rights, all which, with him, compose one system and lie together in one short sentence, namely, that we have acquired a right: to choose our own governors, to cashier them for misconduct and to frame a government for ourselves.” This is different that the basis of government that was established in France at the time. In England people had three main rights that could not be taken away, unlike the French. These three major principles led to his theoretical framework with which the whole structure of the letter was based on. There are many historical events other than the French Revolution that play a role in Burke’s response, including America’s independence and becoming a nation, the trade restrictions and conflicts of people’s civil rights in both America and Ireland.
The Legislative Branch includes Congress, the Senate, and the House of Representatives. Their role is to create laws. The Judicial Branch includes the Supreme Court and other federal courts. Their role is to interpret laws. The purpose of having these three branches is so that it doesn’t give one person all the power of the
The Judicial branch composes of the court judges whether actions violate laws and where laws violate constitution" This shows that the separation of powers allows for the branches to constantly check each other and to ensure a fair and equal government. In conclusion, the separation of powers helps control the government and prevent them from breaking the rules of the constitution and how they should govern. The Separation of powers allows for each of the branches of the government to check each other and ensure they all follow the rules and laws set by the constitution. Separation of powers is a key factor in our government
James Madison’s early idea of a self controlled government while controlling the governed influenced the creation of checks and balances in the Constitution, where the government is separated into three branches— Judicial, Legislative, and Executive. The branches have power over and are restrained by each other in order to keep power balanced between them. According to the National Center for Constitutional Studies, the Executive has the power to veto laws from both houses, but can be overrun by the Legislative if it receives ⅔ majority vote. The Judicial branch, however, can propose treaties or laws proposed by Congress as unconstitutional. This is also known as the judicial review, implemented as the Judiciary Act of 1789 in the U.S Constitution.
The purpose of the Constitution was to establish a central government authorized to deal directly with individuals rather than states and to incorporate a system of checks and balances that would preserve the fundamental concepts contained in the Magna Carta, that is, to limit the power of the government. The first three articles of the Constitution establish the legislative, executive, and judicial branches of government and the country’s system of checks and balances. The balance of power was established vertically through the separation of power between the federal government and the states and laterally through the three branches. In the supremacy clause, the constitution declared itself the supreme law of the land. The U.S. Constitution