American Judicial System Analysis

The United States Constitution provides for separation of powers and checks and balances by dividing the central government into three different branches, Legislative, Executive, and Judiciary. The purpose of separation of powers and checks and balances is to prevent one branch from becoming more powerful than the others. The Legislative branch is established in the 1st Article of the Constitution. The Executive branch is established in the 2nd Article of the Constitution; while the Judiciary is established in the 3rd Article of the Constitution. As the founders were creating the Constitution, they feared a central government too weak but also one that was too strong.

In Federalist 51, he focuses on how the Constitution divides the power of the government into three branches and so no one branch would have too much power. This was done by using the checks and balances system. Madison believes that each branch should be, for the most part, independent, but, to avoid any branches from abusing its power, no branch should have too much power in choosing the members of another. He says that to follow this rule strictly, the people of the United States would choose all members of all branches, but difficulties would arise as the people may not be aware of the best qualifications for each position. So, the branches check one another and the people elect the members other than in the judicial branch, whose members are chosen by the executive branch.

The Constitution uses Federalism to equally divide power between the central government and state governments. Separation of power then divides the central government’s power into three branches:Legislative, Judicial,and Executive. Finally, Checks and Balances provides a way for each branch to control each other. Although some people say that Federalism, Separation of Powers, and Checks and Balances don’t protect us from tyranny, what they don’t realize is that these important tools help equally divide and control power. So, next time you worry about the government taking control of everything, remember that the constitution is there to protect

The Constitution protected the people from tyranny by federalism, checks and balances, and equal power between the Senate and House of Representatives. One way the Constitution guarded against tyranny is federalism. As stated in Federalist Paper #51, by James Madison, he states that “ In the compound republic of America, the power surrendered by the people is first divided between two distinct governments… the different governments will each control each other, at the same time that each will be controlled by itself.”

Therefore, Sanford Levinson, a Constitution Scholar of the University of Texas refers to Article V as an “iron cage” which locks in any reforms needed to the Constitution regarding important political and social issues (Black, MinnPost.com). Notably, one significant example regarding the difficulty of amending to the constitution serves to be the Equal Rights Amendment, which failed due to the requirements addressed

Federalism breaks apart the powers given to the central (Federal) government and those powers given to the states. As seen in document A1, a source from James Madison from Federalist Paper #51, 1788; Madison states, “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments.” This idea from Madison is the idea of the division of power between the Federal Government and State Governments. Federalism provides a “Double security,” that protects the rights of the citizens of the United States of America. As the governments will be controlled by itself, the separate governments will also control each other.

Some of the conflicts in the construction of the constitution are the two different plans. The Virginia Plan, formulated by James Madison who advocated the Constitution, set out a three-branch government which composed of a “chamber legislature, a powerful executive, and a judiciary” which was to operate directly on people, not on the state (Roark 208). In this plan, the executive and judiciary could jointly veto the actions of Congress to prevent it from having too much power. An alternative plan was the New Jersey Plan that retained the confederation’s single-house congress with one vote per state. Other conflict that stemmed from the formation of the Constitution was the development of two different groups; the Federalists, those who supported the Constitution and the Antifederalists, those who did not support the Constitution.

Matthew Wong Ms.Yuan History-Duke 12 October 2017 How the Constitution affects tyranny That could happen if the Constitution was not set in place to guard against tyranny. Tyranny occurs when the government has an absolute ruler who rules harshly. The previous constitution, the Articles of Confederation, was not very powerful and lacked many laws needed leading to a decision to forward a new constitution. The Constitution set up different laws to split the power between different powers so that they would never be ruled by a tyrant once more.

To paraphrase what James Madison said in Federalist Paper #47 , 1788 separation of powers is defined in the literal separation of the powers of the three branches of government consisting of the legislative, judicial and the executive branches. Separation of powers guards against tyranny because it does not allow a person or persons to he in more than one branch at the same time for example if someone is elected to be in the house of representatives than they cannot he elected for president at the same time so it stops someone for accumulation the powers or abilities of more than one government branch which guards against tyranny and keeps one from becoming a

Power was given

James Madison published Federalist 51 on February 8, 1788. The Federalist 51 explains that the purpose of the essay is to help readers understand the structure of the proposed government that makes liberty possible. Madison believes that each branch should be independent,and not depend on others. If they actually followed what Madison proposed that meant that the citizens would select the president, the legislators and the judges. The only position that would suffer the most is the judge 's position, because not many citizens are aware of what the qualifications for judges are.

The Judiciary Act established the United States Federal Judicial Branch. Many feared that establishing all judicial powers into a single court would leave the door wide open for tyranny. Not knowing that the three branches of government have a pretty good checks and balance system. The Act would give the Supreme Court

The Judiciary Act of 1801, a law that created more federal judge positions, contributed to the establishment of judicial review by becoming the first law to be overturned by the process of judicial review and because it caused Chief Justice John Marshall to lay down three principles for judicial review. To begin, the Judiciary Act of 1801 was created shortly before President John Adams left office as an attempt of the Federalist party in order to help keep as many Federalists as possible in government. Adams did this knowing that he or any of his fellow Federalists would not be elected as president. This law evoked the case Marbury vs. Madison, a case between a man who had been promised a job created by the Judiciary Act of 1801 and the secretary

One of the most relevant differences that I would like to mention is the rationale behind these documents. The Declaration of Independence was written as an announcement to the world of the separation of the thirteen colonies from the British King, while the American Declaration of the Rights and Duties of Man was a commitment made among twenty-one countries in the region to protect human rights. Another difference is the specific content of these documents.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may be justly pronounced the very definition of tyranny.” (Document B) The Madison quote shows that no person or persons should acquire all powers of the government otherwise it will become a tyranny. Hence our government is split into three branches, all with different powers, so that we may have a separation of powers to protect against tyranny. This separation of powers helps prevent one group from taking over the other two so that our country shall not be ruled by a tyrant