Separation Of Powers In The Electoral College

The U.S Constitution has been thrown around in the air as to why it is a non-majoritarian document. The Electoral college is a barrier because it goes against the majority simply for the fact that it is not an equal representation of the population so the votes do not count where they need to. The power of judicial review creates a separation of powers so there is no way to go with the majority because it is divided between the three branches. The Senate members can get lazy because of the length of their terms so they will not end up getting the goals of the majority accomplished.

The Electoral College is a great example of a barrier to the constitution and proving it to be nonmajoritarian. The electoral college is primarily used to decide

This ability is a check and balance on the separation of powers. The courts with judicial review power is allowed to invalidate laws and decisions that may be incompatible with the higher authority or in this case a written constitution. Judicial review can be looked at two different ways separated by civil and common law they present different ideas on judicial review. Common law judges are capable of creating new legal principles and they can also reject invalid legal principles. In civil law the judges are those that will apply the law and they do not have the power to create nor destroy legal principles. Separation of powers is a great example of how democratic society should be organized. These powers became mandated in the united states by the supreme court because of the ruling in Marbury v. Madison. The idea is based on the branches of government all being equal so that no one can exert any power over and one else without due process of law. Judicial review is a checks and balance system so it does not go by the

Each state has two senators no matter what their population size and they serve six year terms. The senate has many exclusive powers that are not granted to the House such as consenting to treaties as a precondition to ratification and/or confirming appointments of cabinet members, secretaries, federal judges and other federal executive officials and including military officers. The senate is considered to be more decorative and prestigious than the House of Representatives due to longer terms its smaller size and statewide constituencies. The senate was not created to represent the people of the united states equally. Each state has two members of the senate and at least one member in the house of representatives which means only three electors regardless of the population