The president of the United States does have some powers that many people, including myself question, and who are concerned with the potential of his/her position becoming a branch of its own and sprouting into a vine that could slowly overtake the rest of the branches. But I also believe that with special care and regulation that it could be prevented. For example, many of these powers that have become a concern are mostly informal powers, that come from the ideas from the Constitution and could be more easily and understandably regulated, with the appropriate policies. Just like how the president used to be able to send U.S. troops if deemed necessary to him/her without congress 's declaration of war, but now have to give a 60-day notice to them whenever they do and need approval either way.
As seen in Document A, it compares the Articles and the Constitution. For the executive branch, (the Constitution) had president administrators that enforce federal laws while (the Articles) only takes care when the Congress is not there. For the legislative branch, (the Constitution) a bicameral legislature where each state has equal representation in the Senate and each state has proportional representation in the House of Representatives thus fixing the issue of representation for small and large states. The Articles had a unicameral legislature where each state has one vote no matter what population they had which was unfair for the small states. The Constitution had a national court system that hears different cases while the Articles didn’t have that at all.
Checks and Balances makes sure that one group in the government can do anything that would be “unconstitutional.” “The constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…should not be so far separated as to have no constitutional control over each other.” This means that other branches check the other branches to make sure they are all the same in the amount of power. They use their equal power to approve, or disapprove something that the branches have done. If one branch has too much power, then obviously there will be a very high chance that tyranny would happen where one branch has total control over the whole government. Hopefully, the government can maintain order between groups so that tyranny won’t
Madison began discussing the most famous Federalist papers by saying that one of the most grounded contentions for the Constitution is the way that it sets up an administration well-appointed for controlling the violence and harm created by factions. Madison characterizes groups as gatherings of individuals who assemble to secure and advance their exceptional monetary hobbies and political feelings. According to the text, Madison has only two ways to control a faction. The first was to remove its reasons and the second way was to control its outcomes. The first was did not seem plausible but there were two ways to remove its reasons of a faction, to destroy liberty or give every citizen the same opinions, and etc.
The Senate has the only power to confirm those of the President 's appointments that require consent, and to ratify treaties. There are, however, two exceptions to this rule, the House must approve appointments to the Vice Presidency and any treaty that involves foreign trade. The Senate also tries those that are decided to begin the impeachment process, cases for federal officials referred to it by the House. In order to pass legislation and send it to the President for his signature, both the House and the Senate must agree on the terms in the bill by majority vote. If the President vetoes a bill, they may override his veto by passing the bill again in each chamber with at least two-thirds of each body voting in favor.
Checks and balances is used to keep the government from getting too powerful in one branch, the Executive Branch can veto bills from the Legislative Branch, but the Legislative Branch can overrule the veto. John Locke thought that it is the citizen 's right to overthrow the government. Just like how the Colonists overthrew the king of England, and made a new government. The colonists of North America in the 1700s were getting
Spanking is enforceable by law. Law is the command of the sovereign. If you disobey the law the in-charge can be punish as he want to. On Austin 's view, a rule R is legally valid i.e., is a law in a society S if and only if R is commanded by the sovereign in S and is backed up with the threat of a sanction. Whatever the sovereign command is law, and law prescribes to do certain things and not to do others.
Administrative agencies specialize in specific issues that require expertise. Most executive agencies fall under the supervision of the President. They consist of the Drug Enforcement Administration, and The Federal Bureau of Investigation are illustrations of administrative offices that are under the president supervision of the President. However, there are also independent administrative agencies like the Securities and Exchange Commission, Central Intelligence Agency, and United States Agency for International Development. Due to their experience and specialized knowledge, agency officials can identify needed changes in existing policies possibly eliminate loopholes.
Constitution adopted in l789. The United States would have a vastly different political system if the courts did not possess the power of judicial review. Without judicial oversight of government actions, the legislative branch would be legally supreme, and the fundamental protections included in the constitution, such as freedom of speech would be ineffective. The inclusion of fundamental rights in the Constitution, combined with the power of judicial review, serves to protect the minority from laws created by a slim majority because a supermajority (two-third of each house of congress plus ratification by three-fourth of the States) is required to modify the
Not only can the president decline laws, but they can also create laws without the approval of other government bodies (What Type of Government). The Executive branch a Cabinet which is made up of a prime minister, deputy prime ministers, and federal ministers (What Type of Government). The Executive branch creates the laws that the President will later sign or veto (What Type of Government). The Legislative branch is made up of a Federation Council and a State Duma, and with these two groups they run the legislative branch (What Type of Government). The Federation Council takes care of federal subjects as well as taking care of the political divisions of the country, they also pass legislation that has been approved (What Type of Government).
According to the Tenth Amendment of the constitution, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.
While with the Articles of Confederation, it was the states that held majority of the power and jurisdiction of the United States; these powers were being granted to the new National Government. The individual state governments would though maintain some of the authoritarian power that was granted in the Articles of Confederation. This was a major concern of our founding fathers, they did not want a national government that would become so powerful, that its’ citizenry would become its subjects such as that they revolted against, England. So of this fear was born the separation of powers between the different branches of the national government. Both houses of the legislature would have to agree on a cause for a law to be enacted, and once approved it would be sent to the newly created executive branch for that elected official to sign into law.
In document C, there is a very useful chart that shows one way that each of the three branches of government (executive, legislative, and judicial) holds a little bit of power over the others. This is good because it means that no one part of government is above or below the others in terms of power, and there is always a way for one of them to be “checked” if they are becoming too tyrannical. For example, the President (executive) can veto Congressional legislation, but Congress (legislative) can impeach the President if necessary. Being able to “check” each other is one of the ways that the Constitution kept one group from having too much power. Another benefit of having the checks and balances system is that none of the three branches is so far apart from each that they have no power over the others, but they are far enough apart to prevent the power from accumulating.
The Supreme Court can and will take down any state rulings that interfere in foreign affairs. If an unavoidable clash happens between state and federal law, then the state law is said to be obstructed by federal law. That Congress has not preempted the states from acting in this realm does not, however, mean that the Constitution itself is also silent. In a handful of cases the Supreme Court has held that there exists a “dormant foreign affairs power” that resides exclusively within the federal government — even though Congress has said nothing. Pursuant to this doctrine, the Court has struck down state statutes that intrude into that sphere of foreign affairs which the Constitution entrusts solely to the president and the Congress.