Marbury V Madison-Case Brief) The constitution must govern law and laws passed by congress as a result cannot govern a case. The Supreme Court did not order the government to grant him the commission because he had already been granted it and the original ruling that he had a right to a commission was
James Madison opposes another paper entitled “Federalist Number 51”. This paper addresses issues on liberty, the structure of the government, and the branches of the government. Madison wanted to assure that all branches have the same amount of power and authority in order to gain independence in a particular branch. As citizens, we are supposed to elect the president, the legislators, and the judges. However, the judicial system does not work that way.
How does this essay by Madison tie into the separation of powers and checks and balances in the constitution? Madison’s essay reflects the fear many had of a tyrannical government and the desire to ensure that the country didn’t revert back to that which it had just escaped from. He notes the necessity to prevent any one faction or group from gaining too much power and oppressing those in the minority. The separation of powers was set in place to ensure that this could not happen. Even if one group decides they want something, the other two have the equal authority to prevent it should it not represent the country as a whole.
Have you ever wondered why we aren’t ruled by single tyrant? A tyrant is one individual who holds all the power over a group of people. The question this essay will answer is how did the constitution protect against one person or group of people from having too much power. The constitution guards against tyranny through federalism, separation of powers, checks and balances, and big states vs. small states. The constitution guards against tyranny through federalism.
Summary The three branches of government should be independent No branch should have power over selecting who makes up the other two branches However, the citizens cannot practically elect individuals for every office for example, the people may not be able to distinguish what makes a good judge (for judicial branch). the government has to be able to govern itself, meaning since men can be greedy, there must be constitutional walls that prevent one branch from becoming too powerful Usually, legislative branch is the most powerful in a republican government The legislative branch is divided into two to avoid an unfair concentration of power Majorities threaten the interests of the minorities Solution one: have a powerful government whose will is more powerful than the simple majority Solution two:
If the Anti-Federalists had not taken a stand, several important elements may have been left out of the Constitution such as the checks and balances that kept each of the divisions of government from obtaining too much control of the government. In addition, limiting terms of certain political offices kept a rotation of not only ideas, but a variety of leaders and representatives for the various states. Finally, without the intervention of the Anti-Federalists, the “Bill of Rights” may not have been added to the governing policies and the protection of individual rights may not have been put into place. The combination of Federalists and Anti-Federalists allowed the creation of a strong national government with a “personal” representation of the individuals it was created
Despite checks and balances, the Anti-Federalists considered that these branches composed of Elites, and were afraid that Elites would grant the too much power among the branches. In fact, the real power that that the middle class had for role in the Constitution was to elect the member of House of Representatives, which they had less power in the three branches. According to Brutus in Letter number IV of the Anti-federalist Papers, each state should have an equal, full, and fair representation, without this it cannot be a free government (Document F). This would lead the common man to no voices among these three branches. The purpose of the creating the Constitution was to create a strong federal government that would
In the first Amendment it says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The government allows multiple different religions in the U.S. The U.S government doesn’t tolerate religious actions that may be going against the law. Over time there are many different court cases that were coming up, which made it harder to determine the verdict for each case. The government decided to use the Sherbert test to resolve this issue. The Sherbert test has to have a compelling state interest for the law and the law is the least restrictive means of advancing the CSI.
To what extent can the Legislative and Judicial branches of the American Federal Government limit the powers of the President? The Constitution of the United States divides the federal government into three branches. The legislative branch makes the laws, Executive branch carries out the laws and lastly the Judicial branch evaluates the laws. The Founding Fathers were dubious of one person or group from exerting too much power. Giving each branch has different responsibilities but hold the power to amend or veto actions taken by other branches.
In order to assure that the State and Federal Government don 't overpower each other for one there is a amendment as mention earlier but, a big part is the way the powers are separated. The states can 't make money and the Federal government can 't change each states laws to match one set of