With the media giving cost play to the term "Constitutional", in reference to ongoing discussions between the Executive Branch and the Legislative Branch, some confusion concerning the power of Constitutional Law and its foundation for our legal system is understandable. Constitutional law is not confined to the founding document as the sole source of our legal system. It includes the past rulings of the Supreme Court, as well as guidance given in the various writings of the original founding fathers and the precedence of Common Law. Thus Constitutional Law encompasses the entire sphere of American Jurisprudence and its continued evolution will have a resounding effect on both the rights and liberties of the individual for generations to come. Division and Enumeration of Powers The first three articles of the U.S. Constitution describe the division of power among the three branches of the Federal Government. Article I, Sections 1- 10 enumerate the powers and duties of the Legislative branch. Article II, Sections 1-4 concern the powers and duties of the Executive Branch and Article III, Sections 1-3 enumerates the duties and powers of the Legislative Branch. Significantly, the enumerated powers are not an exhaustive list. Not all powers are delimited in relation to the other branches nor to that of the States. Thus, the powers of each branch has been further determined by Supreme Court rulings, under the guise of specific powers outlined in these three Articles. Therefore,
The US Constitution divides the federal government into three branches - legislative, executive, and judicial. The legislative branch, consisting of the House of Representative and the Senate, make laws,
The government is divided into three branches. Legislative, Executive, and Judicial. James Madison states in his Federalist papers, “Liberty requires that the great departments of powers should be separate and distinct.” Legislative writes the laws for and consists of the House of Representatives and Senate. Executive branch passes the laws the legislative branch makes and the President is the head of this branch. Judicial branch decides if laws are constitutional or not and consists of the Supreme Court. This keeps one branch from getting too much power.
When forming the three branches, James Madison knew they each had to be separated, but have equal power, thus giving different jobs to each and solving the issue of one possibly gaining too much power(Document B). The job given to the legislative branch is to illustrate, or make, laws and consists of the Senate and House of Representatives(Ibid). The executive branch now enforces those laws and the power is in the hands of the President(Ibid). The judicial branch is powered by the Supreme Court and has the job of forming courts and making sure laws are dealt with correctly(Ibid). This separation of powers guards against tyranny by balancing power so one branch is not higher than
According to the constitution of the United States the federal government is divided up into three branches to ensure an equal and balanced government and to make sure that no one or branch of government has too much power. The three branches are the legislative branch, executive branch, and the judicial branch. Each branch serves different purposes in the United States federal government and each branch is made up of different federal government employees. For example, the legislative branch make the laws. The legislative branch has the power to impeach the U.S. President and declare war. The legislative branch is made up of U.S. Congress which include the Senate and House of Representatives. Then there’s the executive branch which carry
The first three articles of the United States Constitution establish the three branches of the government. The first article is the legislative branch, the second the legislative branch, and the third is the judicial branch. Each is designed, so that no branch of government has too much power over the other branch. The branches generally need approval from one other branch to proceed with an item that is on their agenda. Without this balance one branch would have too much power in which would lop side the government on one side.
The idea about separation of powers is established through the three branches of government. These three branches are legislative, executive, and judicial. Document B shows that each branch has their own specific powers. The legislative branch holds power regarding the Senate and House of Representatives. The executive branch is home of the President and deals with the congress. The judicial branch has control over the supreme court and appointing judges. The three branches of government fight against tyranny by ensuring that no one branch has too much power over the other
The first three Articles of the Constitution each creates a branch. Article I creates the legislative branch, which consists of the House of Representatives and the Senate (Congress), and is in charge of creating the laws. Article II establishes the executive branch, which consists of the President, Vice President, and Cabinet and whose job is to execute the laws made by Congress. Article III creates the judicial Branch, which has the supreme court, courts of appeal, district courts, and other specific courts such as family courts and interprets the laws when they are broken, or declares laws unconstitutional. All three of these branches do their own job, as well as work together to create the national government that is strong, but is not too strong as to be one person or group leading.
“All legislative powers herein granted shall be vested in a Congress… the executive power shall be vested in a President… the judicial power of the United States shall be invested in one Supreme Court (Doc B)-- indicating that each of the three branches are assigned to different persons or groups, essentially granting them powers to different, but relatively similar tasks. Document C displays information that shows how each branch ties in with one another. James Madison stated “(The three branches) should not be so far separated as to have no constitutional control over each other (Doc C).” What this means is although the government is divided into three distinct branches, they still maintain a connection with one another. By maintaining a connection, each branch has authority over each other which allows for further reviewing and approval before doing things, such as making laws and enforcing them. This prevents either of these branches from putting what they want into effect--in essence tyranny-- without the voice of
Articles I, II, and III of the Unites States Constitution outline the importance of dividing government into 3 branches, this system was designed by our forefathers to serve the people. With any division of power obstacles are bound to arise, usually when attempting to enact important legislation. Since the US Constitution was written to the present day there has been conflicts between the supporters of a strong federal government and campaigners of states’ rights. This paper will address these three aspects associated with the first three articles of the United States Constitution.
Tyranny in America How does the Constitution guard against tyranny? In May 1787 55 individuals went to Philadelphia to respond to the call for a Constitutional Convention. They met to fix The Articles of Confederation. The Articles of Confederation was the current system of government that did not work out so well. It did not have a court system and any ruler could be a tyrant, with The Article of Confederation.
One of the most significant features of the constitution is the separation of governmental powers into three branches. These three main branches are the executive, legislative, and judicial branches. These branches check and balance each other and establish positions of power among government officials. Checks and balances enable different
Each one of these separate branches have a distinguishing part in the powers of the United States government and it is each one of these branches that have both conveyed their powers, specifically those that are stated in the Constitution, and then the implied powers, that are soundly suggested by their own expressed powers. The Founding Fathers were able to accomplish this by disintegrating the government in a way by creating a separation of powers. They did this by separating the government into three different and
The Constitution of 1787 describes powers of the three branches of government, the Legislative Branch, the Judicial Branch, and the Executive branch. Many believe that these branches are equal in power, and equally keep each other in check. This is not the case. Outlined in the Constitution is a case that the Legislative Branch is superior to every other branch. This is not to undermine the legitimacy of the other branches; the Judicial and Executive branches still need to interpret and enforce, respectively, the laws congress creates. This is evident from the very first Article of the Constitution.
The United States Constitution writers decided to share power between three division to balance the power: legislative, executive, and Congress. The constitution states that legislative division or Congress divided into two subdivisions: The Senate and The House of Representatives. In the constitution only mentions to the president and vice president as members of the executive division. According to the constitution, the supreme court is the major part of the judicial division. The constitution distributed power between three division by giving the power to veto Congress laws to the president, power of override laws and power of remove President to the Congress, and power to the supreme court to reject decisions of congress
The United States legal system has a long and rich history. It winds all the way from the past that is still used present day, to what will be looked into in the future. This country’s founding fathers, the framers of the Constitution, wanted to form a government that did not allow one person to have too much control. To prevent this from occurring, the framers wrote the Constitution, giving the United States three separate branches of government each with their own powers. Each branch of the government has its own responsibilities and works together to keep the country running smoothly and to make sure