If a civilian’s rights are violated they may be allowed to have protection through state and federal laws, which means the person whose rights were violated are being protected by the government. One of the main reason for civil rights laws is to protect civilians from government abuse. Even though the police officer went too far with a civilian, the police officer cannot be sued. The civilian still has recourse through federal law. Retired police officer David Couper talks to Dr. Greg Gelembiuk, one who gathers data from police reports, “Sometimes I hear the argument that raising the bar on police use of deadly force will somehow put more police officers in physical jeopardy.
The administrative powers were the executive, the legislative, and the judicial. These should be separate from and dependent upon each other so that the influence of any one power would not be able to exceed that of the other two, either singly or in combination. This was a radical idea because it completely eliminated the three Estates structure of the French Monarchy: the clergy, the aristocracy, and the people at large represented by the Estates-General, thereby erasing the last vestige of a feudalistic structure. Likewise, there are three main forms of government, each supported by a social "principle": • Monarchies (free governments headed by a hereditary figure, e.g. king, queen, emperor), which rely on the principle of honor.
Checks and Balances is defined a system in which the different parts of an organization (such as a government) have powers that affect and control the other parts so that no part can become too powerful (Webster). One branch may require the approval authority of another to take a certain action or appointment to a position may require the approval of another branch. An example of checks and balances would be the Judiciary branch ensuring Congress laws and the Presidents laws are constitutional. Some other examples would be the President nominating judges for the Judiciary, Congress power to impeach the President, and the President has to obtain the approval of the Senate before treaties with foreign nations become valid. Even Congress being a bicameral legislature can be viewed as a small form of checks and balances seeing how one chamber has to get its bills approved by the other before it can go to the
Federalism splits power between the state and federal government, protecting each government to not gain more power than another. The separation of power allows each side to have their own rights which grant a “double security” to the people (Document A). The separation of power protects the citizens from tyranny so that the
Baron Montesquieu stated the importance of judicial independence by stating ‘there is no liberty if the power of judging is not separated from the legislative and executive' This quote states the importance of the Separation of Powers Doctrine. Until the 2005 Constitutional reform Act commanded changes to be made to the Lord Chancellors Office, the Lord Chancellor was a cabinet minister, member of the House of Lords and head of the judiciary. This meant that all three arms of the state (executive, legislature and judiciary) that should traditionally and in accordance to the Separation of Powers Doctrine be kept separate in order to keep the other arms in check and balance with each other, were tangled together. In 2005, the Constitutional reform act came into play which significantly modified the role of the chancellor meaning that he was no longer the head of the judiciary and also created the supreme court. The main purpose for the creation of the supreme court was to detangled the arms of state.
Mandatory sentencing was meant for certain crimes commonly serious and violent offenses. Judges are bound by law for these sentences are produced through the legislature not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people convicted of
The problems of a judge 's interpretation of the Constitution and having a jury determine the verdict, both affect the end result in a case. The judicial interpretation of the Constitution affects how law enforcement can conduct their jobs. Judicial interpretation of the Constitution is a problem because different judges are either more conservative or more liberal with the interpretation of the Constitution. This poses a potential problem because their interpretation affects the laws in the United States. The jury deciding the final verdict of a defendant is another problem in the courts.
However, law enforcement, may at times circumvent this law by obtaining permission from the courts first. In rare cases, law enforcement may even obtain permission after-the-fact for the wiretaps. Opening someone's mail is also considered to be intrusion of solitude, seclusion or private affairs. The information gathered by this form of intrusion need not be published in order for an invasion of privacy claim to succeed. Trespass is closely related to the intrusion tort and may be claimed simultaneously.
Like Document A, Document B was written by James Madison. He writes of how government is split, and how one can avoid tyranny in government. In Federalist Paper #47 it reads, “The accumulation of all powers, legislative, executive, and judiciary, in the hands, whether of one, few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny…. (L)iberty requires that the three great departments of power should be separate and distinct.” The three branches, legislative, executive, and judicial, is said to eliminate any form of tyranny. It lives up to its name because a tyrant is someone that has all power, and takes advantage of it in a negative way.
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
Point 1. The collected evidence ought to be suppressed for failure to issue Miranda warnings during a custodial interrogation. Miranda warnings were made mandatory by the Supreme Court to protect the citizenry from hard police interrogation tactics and forced confessions. However, when a private citizen becomes the interrogator outside, the application of Miranda becomes less strict. The Constitution does not restrain a private citizen in the same ways as law enforcement, unless that citizen is acting as an agent of law enforcement.
At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers. The states can contest the federal government rules and regulations in the federal judiciary branch. The states have contested federal laws, incidence of them blocking federal authorities from enforcing federal laws and cases involving individuals who break federal laws, but not state law (Levy, 2013). The ability of states to challenge federal laws that they feel are unconstitutional is part of our system of democracy. These challenges have led to parts of a law or the full law to be unconstitutional and overturned by the
Separation of Powers is the way our government is arranged, which is three branches. Each branch has a certain power over the other branches, which is called checks and balances. Limited Government is about certain groups cannot work around the law for their own personal needs or interests. Individual Rights explains how people can ask the government to change laws or fix issues, as long as it is done in a civilized
Separation of powers protects liberty by making sure that all government powers do not fall in the hands of a single person or a group of people it also ensure that one branch does not exercise the powers of another branch. The legislative branch is mainly responsible for lawmaking, in article one of the constitution congress is granted limited but substantial legislative power. For Example, in section 8 it mentions “congress shall have the power to establish Post offices and Post roads meaning that neither the executive branch nor the Judiciary branch can exercise these powers. The Executive branch is mainly responsible for enforcing laws, Article II of the constitution grants executive power to the President, Some of the president’s powers are to veto legislation, recommend legislation, grant pardons and nominate judges. The Judicial branch is the law interpreting branch of government, article III of the constitution establishes a federal system of courts that are separate from the state courts, judges are appointed for life unless they are impeached and judges are also independent of the other two branches and through their exercise of judicial powers judges cannot be threatened by either the executive or the legislative branch.
For example, if the legislative branch had a lot of power in selecting the members of the judicial branch then they could corrupt the judicial branch to be useless. The branches shouldn’t be deciding the members for the other branches because then it is an you owe me something because I chose you kind of situation. Madison goes on