The Constitution made it possible for Congress, which comprises the House of Representatives and the Senate to check the powers of the executive by impeachment thus making them responsible before the Senate, where they may be tried and punished by the judiciary. With checks and balances, the legislature, executive, and judiciary can limit the powers of the others. As such, no branch is more powerful thus making sure that the power is balanced between them All legislative power is given to the Congress. The Congress also has the power to confirm and impeach both executive officials and judges in addition to overriding a Presidential veto. The Congress has the power to influence the composition of the judiciary as well as regulate the size of the courts.
Which means there would be a legislative branch, executive branch, and judiciary branch within the federal government. Document B claims “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether one or few...may be justly pronounced the very definition of tyranny… Liberty requires that the three great departments of power should be separate and distinct.” Having separate and distinct branches within the government limits the power accumulated so that it doesn’t become overpowered. Each branch is made up of different powers and duties.
The latter two are present qualities of consensus to secure the involvement of various unions, and to establish common ground for their interests ascertained. To avoid having the government acting as a centralized government, Consensus embodies the workings of a federal and decentralized governmental structure. A bicameral legislature is mandatory in assuring equal representation. The upper house keeps the lower house accountable by lengthening the process of enactment. A fixed constitution assists in ensuring guidelines are followed, and prevents the option for particular groups wanting to accommodate their standing.
As such, they split the power between the state and central government, federalism, so that one government does not have more power than the other. Also, the three branches were made to spread power and to check each other so that one branch cannot rule the other. The Constitution also protects the chance of tyranny in congress, by determining the number of representatives in the House of Representatives by the state’s population and each state shall have 2 senators representing them in Senate. The constitution made laws guarding against one power having more than another, guarding against tyranny. Federalism splits power between the state and federal government, protecting each government to not gain more power than another.
A federalist government is one with a Central government and many smaller state governments. This was an effective way to prevent tyranny because Central government still had power, but the States still could control their respective state. There is venn diagram in
How The Constitution Guards Against Tyranny The constitution, the american law. The constitution was made in Philadelphia in 1787 with the intent to replace the Articles of Confederation as the papers of american law. Because of the unfairness and the tyranny that the americans suffered at the hands of the british kings and rulers they set up the constitution in a way that certain writings would act as a guard against tyranny, an example of these guards are federalism, separation of powers, checks and balances, bicameral. Tyranny is defined by James Madison as “ The accumulation of all powers … in the same hands, whether of one, a few, or many (is) the very definition of tyranny.”
Edwards and Wattenberg define Federalism as, “a way of organizing a nation so that two or more levels of government share formal authority over the same area and people. (Edwards and Wattenburg,70)” When the United States first started to form a central government their objective was to never allow for a dominating power to take over the country again. To do so they created a division of power and made it possible for states and more so the “people” the right to have more of an impact on government. Or so were their intended thoughts when creating the constitution and the branches. In doing so their focus constrained national government but left a loose string as to what the states and their constitutions could do.
The legislative branch consists of the two houses of Congress that have been decided upon by the Great Compromise (the House of Representatives and the Senate). Joint together as one system, Congress has the powers to create laws, declare war, override veto, and impeach the president. Secondly, the executive branch—consisting of the president, vice president, and the Cabinet—has the power to carry out laws (approve), negotiate foreign treaties—such as alliances—, and can grant pardons for federal offers. Finally, the judicial branch, or the Supreme Court Justices can interpret laws, declare laws unconstitutional, and declare the president unconstitutional. Having three branches of government helps keep the government in check, and it prevents one branch becoming more powerful than the other branches.
He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.
Constitutional review is vital. It is the power of an establishment to nullify legislation, government decisions, and other acts of the command that violate constitutional rules, such as rights. It has been created in order to defend the omnipotence of the constitution and the rights contained within. Since Entdeckungland now will focus on the rights of the people and become a minimalist democracy, the promises for human rights to the people must be upheld, thereby possessing the need for this type of review. The new nation will follow the American Model of constitutional review, suggesting that any law can be declared unconstitutional by any judge at any time.
How does the Constitution guard against tyranny, or does it? The Constitution was written in Philadelphia in May of 1787 and was written to guard the United States from tyrannic rule. It was also very efficient in doing so. One way that the Constitution guarded against tyrannic rule was having a compound government which provided two separate departments that could argue and compromise. Another way was that the government was divided into three separate branches that had equal rule against each other.
Executive Orders are orders that are legally executed by the president. “Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.” Those executed laws have full power when they take authority from the legislative branch. There is not much of a difference between executive orders and law.
The final way the Cconstitution protected against tyranny was through the system of checks and balances. They system of checks and balances was made so that one branch wouldn’t become more powerful than another as most of the branches actions could be checked by another branch. For example the legislative branch can impeach a president from office and the congress approves presidential nominations and can override a presidential veto. The judicial branch can declare presidential acts unconstitutional and the president nominates the judges from the judicial branch. This system provided an equal balance amongst the three branches and every detail was necessary for equality here, as James madison explained in one of his federalist papers.
Does the Constitution Guard Against Tyranny? “Tyranny and anarchy are never far apart’. Tyranny is a cruel, aggressive government or rule there are many sorts of tyranny. Separation of Powers are branches that do not have power over each other when they are separated it creates an equal government. Small states and large states help with votes in each senate this is determined by the population of the state.