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.
This new government has three branches of government: the judicial, legislative, and executive. All three branches are independent and serves to as a check and balance for each other, so one branch isn’t more powerful than the other. The legislative branch has a bicameral congress, which consists of the Senate and the House of Representatives. The senate has 2 representatives from each state while the amount of representatives for the House is determined by the state’s population. In the executive branch there is a president in charge of choosing Cabinet members and checks the powers of the other 2 branches.
So as the wise James Madison once said, “...Liberty requires that the three great departments of power should be separate and distinct.”, we divided up the power fairly to keep a balanced triangle of power. In America, we have three branches of power, the Executive Branch, Legislative Branch, and the Judicial Branch. The Executive Branch is the President and Vice-President, their job is to enforce and carry out the laws made by the Legislative Branch. The Legislative Branch is the Congress, they make laws for the whole country. The Legislative Branch is made up of two sections, the House of Representatives and the Senate, each chosen by each state.
These four constitutional references and diagrams explained tyranny and the sectioning of power in the government. The first reference by James Madison explained the double security provided by a compound government. It was attached to a document that showed examples of the powers reserved for state, and national government. The second reference, also by James Madison explained the plan for the three branches of government, Legislative, Executive, and Judiciary. The diagram attaches explained the powers that went along with each branch.
The majority of a society are given the privilege of choosing the form of government that they desire to live under. And not only does it choose the government, but it is given the ability to change the government whenever it chooses. Legislative power, Locke states, is the most important factor in the government of a civil society, and is what technically determines what type of government is in place. Legislative power operates under rules: it must preserve society, it can never be challenged (except by the majority), all laws put forth by the power must be followed by society. Yet, the legislative power can only govern with laws that are equally applicable to all citizens, must work solely for the good people as a whole, and cannot raise taxes without the consent of the
There are many amendments in the constitution developed by supreme courts that secure the civil rights and liberties of the people; among 27 amendments of the constitution,
The Articles of Confederation and the Constitution are similar in addressing the problems that were present at that moment. However, there is a significant number of differences. One of the main differences between the Articles and the Constitution is the way in which they set up the legislature. The Articles of Confederation are established as a unicameral legislature referring to the congress. The Constitution on the other hand, is established as a bicameral legislature with an upper and lower house, senate, and a House of Representatives.
Executive Orders are orders that are legally executed by the president. “Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.” Those executed laws have full power when they take authority from the legislative branch. There is not much of a difference between executive orders and law.
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.
Judicial Restraint v Judicial Activism: District of Columbia v Heller, 2008 The Constitution states that the “judicial Power of the United States, shall be vested in one supreme Court,” a court made up of justices from different backgrounds, races, religions, and most importantly political views. The Court has the ultimate responsibility of overseeing all affairs of Congress and – when deemed necessary – acting to overturn decisions found not in accordance with the Constitution. When deciding cases that could potentially violate the Constitution, justices use judicial restraint or judicial activism in their decision-making. Judicial activism is a term used for instances in which judges “creatively (re)interpret the texts of the Constitution and the laws, ” allowing them to meet the needs of the people that would not be met otherwise; justices essentially act as policy makers.
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 Constitution limits power on Government through Checks and Balances. In a 1944 case between Korematsu and the United States during World War II, a presidential executive order gave the military authority to exclude citizens of Japanese descent from areas deemed critical to national defense and potentially vulnerable to espionage. Along with this they also arrested Japanese Americans and forced them into internment camps. Korematsu however, a US citizen from ancestry descent, refused to leave his home in San Leandro, California. Korematsu appealed, and in 1944 the case reached the Supreme Court.
From Foner: 1) How did John Adams view property requirements for voting? According to John Adams, the right to vote was given to men who owned property. Those without property, he saw as lesser people who were unable to be level headed and have the responsibilities of voting.
For centuries the world was governed by unethical and overpowered rulers or tyrants. This was the way of life and nobody tried to defy it until a young nation decided to break from tyranny and build a country based on fair morals. For centuries, after we discovered the New World, Britain had a tyrannic dominion over it. As time went on, the people who lived in America kept on receiving unfair treatment by Britain with unethical taxes and rules. Eventually, the colonists were fed up with the cruel treatment and decided to break apart.