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.” Federalism prevented tyranny because neither the central government or the states had too much power. This is important because the power would be split between the two. For example, things that would happen in the state would be reserved for the state such as holding elections, establishing schools, and passing marriage and divorce laws.
He suggests the names of judges to Senate and with advice and consent of Senate, judges are appointed by the President. Judicial committee of Senate plays very significant role in evaluating the cardinals of the proposed judges of the Supreme Court. They make the investigation of the background of judges, they hold the face to face interaction with judges, the judges are queered and grilled and questions are put. The whole process happens in public and in transparent manner. The citizens of US has any information about judges integrity, they can send the information with evidence to the Senate Judicial Committee which will make the further investigation and make sure that no unworthy candidate will be appointed as judges to the Supreme Court.
To ratify the amendment, each state could its legislature vote on the amendment or hold a different ratification convention with representatives that are chosen by the voters. Based on the amendment, the ratification process may be passed by the state legislature or state convention. All amendments are sent to the legislatures of the states. In order to pass the legislature, the vote must reach a majority. To conclude, the United States Constitution has many flaws, that can be amended through two different methods.
The Merriam Webster Dictionary defines the Democratic-Republican party as, “of or relating to a major American political party of the early 19th century, favoring a strict interpretation of the Constitution to restrict the powers of the federal government and emphasizing states’ rights”. James Madison was a Democratic-Republican in the fact that he supported states’ rights, a strict interpretation of the constitution, and freedom to speech and press. James Madison thoroughly supported states rights. During his writing of the Bill of Rights, Madison added the last amendment to emphasis the powers states possessed. The Tenth Amendment Reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the State, are reserved to the States respectively, or to the people.” James Madison wrote this amendment to limit the power of central government, by stating that the federal government only possessed powers explicitly delegated to it.
Under diplomatic powers, the President is the Head of State, receives ambassadors and any other public ministers, acknowledges whether a foreign government is legitimate or not, and can make treaties and executive agreements. As for executive powers, the President must make sure that laws are faithfully executed, has the ability to appoint, remove, and supervise all executive officers, and can claim executive privilege within limits. Lastly, legislative powers of the President are the ability to veto bills, addressing Congress on the state of the union, submitting proposals for legislation, and the power to issue executive orders that can only be overridden by Congress passing a new law. As President, you also have delegated and Inherent powers. When Congress creates agencies the use discretion to fulfill their missions, they delegate powers to the executive branch.
It shapes the premise of the American constitutional structure. Article I vests the legislative control in the government ; Article II vests executive control of the President and Article III vests judicial control of the Supreme Court. The creators of the Constitution of America trusted that the theory of separation of powers would help to keep the ascent of oppressive government by making it unthinkable for a solitary gathering of persons to
Franz Milagroso 9/13/14 Popular Sovereignty The concept of Popular Sovereignty had developed throughout the existence of American democracy. Since America’s formation of it’s government it has always believed in the power and responsibility of the government. The first three words of the Constitution, “We the People”, establishes that America is a sovereign nation and that the people are the ones with the power in the country. It establishes that in order for the government to govern the governed must give the consent first. The concept of American democracy is centered on the idea of Popular Sovereignty.
These laws are democratically made by elected parliaments, using legislative powers specified in the commonwealth constitution. As a federation, it means statue law can be made by the national parliament, or 8 state or territory parliaments. Parliaments can also delegate law-making authority to local councils and government departments to change laws in there local area. Another way law can be changed is through judges. Judges have the right to make a new law when resolving a legal dispute, however it can only be reactive as a dispute must come before a court law can be made, courts are only reactive when changing the law and only able to act on the case presented to them.
Later being added to his works, An Essay Concerning Human Understanding, becoming the “Father of Liberalism”. Locke’s ideas from the Two Treatises of Government and An Essay Concerning Human Understanding, were based upon the natural rights where power comes from the people. Both of his pieces contributed to revolutions, most importantly the American Revolution as power from monarchies was removed and democracies were created. Allowed for limited government power and all obligations were to the citizens. An Essay Concerning Human Understanding basis was on how the knowledge existence of God, certain moral truths, and laws of logic or mathematics pertained to the natural rights of
The articles are the foundation for how the U.S government is organized. Article l, gives Congress limits and powers, giving them the right to make laws. Also, creates the Senate and the House of Representatives. Article ll, makes the executive branch which has the responsibility and authority for the administration. The executive branch is the President and executive officers.
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.
The Colonists were trying to avoid tyranny. Tyranny is when a person is given all the power to control a country of a government like a dictator. The Constitution could guard against tyranny by dividing powers between branches of government evenly, using Checks and Balances, and having an Equal Representation from all the states for the Legislative Branch. The first way that the Constitution guards against tyranny is by dividing the branches of government. The government is separated into separate branches so that they can
The United States Constitution was created to define the powers and limitations of the government. It replaced the Articles of the Confederation, and was ratified by all 13 states in 1787 (American Government, n.d.). The ratification of the Constitution was not without opposition, and the government was split into two groups: federalists, and anti-federalists. The federalist group believed that a national governing body, ruled by the elite class was necessary. Antifederalists, on the other hand, believed that state governments should have more say, and that the government should be run by ordinary people (American Government, n.d.).
All branches check up on each other as executive checks on the other two, legislative checks on the other two, and judicial checks on the other two (Document B). For example, judicial checks up on the legislative branch by declaring laws unconstitutional (Document B). All branches make sure they didn’t overpower each other and relied on the other branches. In Document C, the power is separated through three branches that all have different jobs to keep the nation running as there is a congress (ex: approve treaties), a president (ex: conducts foreign policy), and a supreme court (ex: interprets the Constitution and other laws). They all separate powers so one does not have all the power or so much.