Executive orders have to be obeyed unless they are overturned by capable authority. For instance, Supreme Court has right to overturn the orders by president himself if they somehow despise it. On the contrast, Law has to be validating through entire legislative
The Constitution divides the political power amongst three separate branches of government, which are Legislative, Executive, and Judiciary. Legislative makes the laws which includes the Congress, House, and Senate. Executive carries out the laws which include the President, Vice President, and the Cabinet. Finally the Judicial evaluates the laws which include the Supreme Court and other Federal Courts. The Affordable Health Care Act also known as Obamacare is new health care reform law, which helps provide Americans with access to quality health insurance and also restrict the healthcare costs in the United States.
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.
First, did Marbury have right to the commission he demands? Second, if so do current laws allow a remedy? Thirdly, if current laws allow remedy, should the court issue a mandamus? (uscourts.gov, 2005) In the opinion written by John Marshall, the court decided in Marbury’s favor on the first two question, but when it came to the court issuing a writ of mandamus; the court found that there was conflict between the Judiciary Act of 1789 and the Constitution and ruled against it.
The Judicial Branch is the judge of any laws that the President or Congress passes, they decide if the law goes along with the Constitution. Without this system our government would fall into a complete disaster and most likely become a dictatorship. Given these points, it is obvious that the power in our government needs to be
The President also serves as Commander and Chief of the armed forces. The President also signs and creates law that citizens have to follow. Sometimes the President has to meet with leaders and make Political change in that area where people are living. Also the President of the United States is
The president has the power to negotiate treaties, meets with ambassadors, and form executive agreements. He has the power to request the opinions of the heads of executive departments. The Constitution requires the president to inform congress on the state of the union. The president of the United States also has the power to give pardons, fill vacancies in the Senate, and call both chambers of Congress together for a meeting. Childhood
He also conduits foreign affairs and creates and approves laws in the government. The judicial branch interprets the laws on the Constitution, whenever there is a conflict about the laws of the land, the Supreme Court decides whether or not the laws coincides with the
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 delegates wrote this Constitution with tyranny in mind; how could the Constitution guard against one person or group from gaining too much power? The Constitution protects against tyranny because the 55 delegates established: federalism, separation of powers, checks & balances, and equal representation. Federalism helps guard against tyranny by making sure not one government has too much power. In Document A, it is clearly stated that James Madison, a main contributor to the Constitution, wanted “[a] compound republic of America” to provide a “double security” for our rights. As both central and state governments in the compound republic have different functions, this helps keep our states in a union while letting the states stay independent.
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.
The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.