David Orentlicher's Dysfunction

Another of these monumental changes would be the surrender of the control of power from the legislative branch to the executive branch. Over the twentieth century, this became an increasing reality as the focus shifted from Congress to the president (Cooper 2009, 388). While this development has many different advantages in the American government system, there are disadvantages as well, such as a decrease in stability (Cooper 2009, 379). The role of the president has become more important because of the changes that have led to the modern world (Cooper 2009, 388). This has occurred because of a number of reasons, such as “substantial increases in the responsibilities of the federal government, the stakes of politics, and the ease of communication and travel” (Cooper 2009, 388). Furthermore, in recent years, Congress has not worked hard in certain circumstances to protect their rights but have surrendered to the executive branch (Davidson, Oleszek, and Lee 2010, 498). It is

In this essay, I will be writing about how the power relationship between the United States Congress and the presidency has changed during the past two hundred years. I will be talking about how the executive branch is more powerful than the legislative branch and how the changing relationship between Congress and the president affected American democracy in a good way.

The United States government braces its power among three powerful branches, legislative, executive and judicial. These branches interact with one another to establish authority that is strong, yet equal to have power over the country. Each branch pursues certain responsibilities and duties to operate in an efficient and effective manner in which society upholds. The executive, legislative and judicial branches all interact amid each other to validate accuracy of the nation’s most powerful law of the land, the Constitution. It is important to know how these branches interact with each other to learn how a bill becomes a law. Reflecting on how the three branches promote a balance of power that is constructive to include the agendas and

The Federalists Papers were written in the eighteenth century by James Madison, Alexander Hamilton and John Jay in an effort to persuade New Yorkers to ratify the new U.S. Constitution. These papers are said to be the key that unlocks the true interpretation and meaning of the Unites Sates Constitution. One of the controversial topics relating to the Constitution that the Federalists Papers help to straighten out, is the practice of judicial review by the Supreme Court. In this essay, I will point out many of the examples Alexander Hamilton gives in Federalist No. 78 that support the idea of the Supreme Court having power of judicial review over all levels of

Federalist 51 mentions that “the legislative authority necessarily predominates. The remedy for the inconveniency is to divide the legislature into different branches.” Keeping this idea in mind, it is the reason why the legislative branch is divided into the House of Representatives and the Senate. By dividing the legislative branch, Congress assures that too many individuals do not control one large portion of the government and that the legislative branch works with more efficiency without too many conflicting opinions. Additionally, in the Judiciary branch, the author explains that “some deviations [from absolute democracy] must be admitted.” The exception is necessary because according the Hamilton or Madison, the branch needs specific qualifications in order to elect essential members and that the position must be permanent so that it combat all dependence on authority. This concept sets up the process by which Supreme Court justices are put into power today where the president appoints a judge to serve for life or until the judge chooses to retire. Moreover, the article proposes the design that the overall government itself should be split into two sections, the federal and state level. This so that the state government can adhere to the values of its individual populations while the federal government lays down the general guidelines so that the state government’s values does not exploit the citizen’s natural

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

The arguments made by Federalists and anti-Federalists regarding the office and powers of the presidency during the ratifying debates that followed the drafting of the Constitution in 1787 were persuasive, but distinctly at odds. Both sides, however, sought the same thing, how best to allocate power in a unified republic of states? From this question opposing views developed as to whether or not a President should even exist, and if so, what powers he should be granted. I will briefly examine the presidential powers that were primarily awarded under Article II of the new Constitution. I will then explore the opposing arguments that arose during the ratifying debates concerning those granted powers. I do so in the interest of offering a

In the “Point: Abolishing the Electoral College,” Benjamin Bolinger, a licensed lawyer who can practice law in Colorado and Pennsylvania, argues that the Electoral College needs to be abolished for the American democracy. Bolinger examines that some states with a little population have large number of electoral college compare to those states with larger populations. He believes that the Electoral College damages the value of democratic government by leaving

The Federalist Papers are an insight into the federal court system of the United States through the interpretation of Alexander Hamilton, James Madison, and John Jay. Through their understanding of the federal court system, we are aided in making our own connections and analysis ' to better understand how the system works. More specifically, in Hamilton 's essay #78, he essentially claims that the federal judiciary isn 't given enough authority to properly do their job. He also makes note that the Supreme Court of the United States should have a substantial amount of power over the US Congress, but only in times when Congress has threatened the

The Supreme Court of the United States is perhaps the most eminent judicial branch in the world and has served for a model for justice and democracy. However the Court is not exempted from scrutiny, and critics question the increasing politicized nature of the Court, from the appointment process to the nature of their decisions in landmark cases like; Dred Scott v. Sandford, Roe v. Wade to Bush v. Gore. Based on empirical evidence, this essay argues that the United States Supreme Court today is severely influenced by politics and not as much by law- at least in practice. Indeed, robust partisanship of the political interests of the President and Congress imposes on the constitutional function of the Court.

A good example of what some argue to have been a bad presidency, would be the case of George W. Bush, which on different occasions, he thought it would be suitable to disapprove of democracy and legal norms, by acting in ways such as; ordering government representatives to bypass statues and treaties, not allowing congressional oversight and jump into unwanted actions such as starting the war with Iraq which was not favored in the Congress. Normally the constitutions contains systems in place that should be able to counterattack such actions and behaviors, like the famous division of power and “checks and balances”. As the government of America is divided into three powers; the executory, judiciary and legislative, the system of “checks and balances” gives the three divisions of government the power of checking upon each other and ability of taking action when there is an unconstitutional act from one’s side.

Throughout the history of this nation, the Constitution, from the formation to the execution thereof, has set forth the precedent for the demonstration of excessive federal power that is clearly illustrated by history and modern America. Sufficient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to the paramount decisions of America’s elected officials in critical moments as well in the very construction of the American system of government that favors federalism.

The American Presidency is undoubtedly one of the most widely recognized popular icons throughout the world. Although to most foreigners or those who have never resided in the United States or know little of its history, the executive branch of government may seem to be as dull and unyielding as the rest of the American politics, for those few rare individuals who have taken the time to examine and closely scrutinize this office of the American political system and its recent history, quite the opposite will be said. Unlike Congressional or local elections where typically a number of individuals of the same ideological background must be elected in order for a particular issue to be

Presidential power has increased immensely over recent years and little is being done in an attempt to restore the original intent of the Constitution. There are multiple factors that affect this, including the executive orders of presidents, the Constitution giving an unequal distribution of power between the executive and legislative branch, the failure to use checks and balances, and the ineffectiveness of Congress. With the lack of congressional involvement in legislative decisions, the president has the ability to take matters in their own hands.

Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions