April 21, 2013
Principles of the Constitution
POS 301
Part I: Principles of the Constitution | | DEFINITION | | Self-Government | A government in which the people who live in a place make laws for themselves. | In Massachusetts Bay, men who owned property could go to a town meeting and vote. | Separation of Powers | Power of the Constitution is divided among the three branches. | James Madison and the other authors of the Constitution created three branches to make sure that the government’s powers were limited. | Checks and Balances | A system that lets each branch limit the power of the other two. | No single branch or person had the power to run the United States alone. |
The U.S. Constitution is the
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Part II: The Three Branches of the Government |
Legislative Branch Headed by Congress (Senate and House of Representatives) * Pass Laws * Originate Bills * Impeach officials * Approve treaties
Executive Branch Headed by the president * Direct the government * Command the Armed Forces * Deal with international powers * Act as chief law enforcement officer * Veto laws
Judicial Branch Headed by the Supreme Court * Interpret the Constitution * Review laws * Decide cases involving states’ rights
Balance of Power Interaction/The ways each branch of the national government can check the power of the other two branches:
The Supreme Court can declare a law passed by Congress unconstitutional
The Supreme Court can declare the President’s actions unconstitutional
The President chooses the judges for the national government’s courts
The President approves or vetoes laws passed by Congress
Congress must approve the judges the President chooses for the national court
If two-thirds of the Senate and House agree, Congress can pass a law even if the president has vetoed it
How a bill becomes a law:
All of the laws in the United States begin as a bill, which must be approved by the Senate, House of Representatives, and the President. The bill stars as an idea from a representative or a citizen who has an idea and tells their representative about the idea. The representative then decides if the idea is
During the Writing of the United States Constitution, the Framers wanted a new government, but NOT a king. They split up the Government into three branches, the Executive, Legislative, and Judicial branches. The Executive branch is run by the president. The Framers wanted the president to have power, but not too much power where he converts into a king. The Frames decided to allow him to give executive orders over laws.
Supported greatly by the Federalists such as Alexander Hamilton, John Jay and most notably, James Madison, the constitution outlined that the government would be split into 3 distinct and separate powers, so no persons were to be in multiple positions in any of the three powers. They also created checks so that each branch had
A law in the Articles of Confederation in the Executive Branch, “No executive to administer and enforce legislation” (Document 5). There was no executive leader (president) because the people were scared a king or tyrant would be created. The framers of the Constitution wrote in a president because they believed having one person to enforce laws would leave a positive effect on the United States. The federalists believed in a “Strong Federal government” (Document 3) because they wanted the United States to be a strong
The United States Founding Fathers built this country, the United States, around three branches of federal government: Legislative Branch, Executive Branch, and Judicial Branch. All three of these branches contain equally amount of power. Also these branches are granted the power to keep the other branches from gaining too much power. The Executive Branch has the power to veto a bill, while the Legislative Branch has the power override the veto. But some will say that the checks and balances that the Judicial Branch has are most important checks and balances of all three branches.
In 1787, it was decided that the Articles of Confederation was not a good enough guide for the government of the United States as it didn’t give the national government enough power, and was too weak. That summer, fifty-five delegates from twelve of thirteen states met in Philadelphia to create a fix to this. Tyranny is when a leader or group of leaders dictate with harsh and absolute power. The country had just finished a war to end tyranny, and their new challenge was to create a new government with a strong center, however not let one person or group of people get so much power as that would create tyranny. The delegates at this Constitutional Convention created a document called the Constitution.
Power was distributed through each government body, giving each their own responsibilities and equal power (Document B). “Liberty requires that the three great departments of power should be separate and distinct”. Madison did not want the power in one person (B). Each branch had an important job such as legislative powers should be vested in Congress, the executive should be vested in the President of the United States, and the Judicial should be invested in one Supreme Court (B). James Maddison wanted a person elected to the House of Representatives to serve at the same time on Supreme Court because he wanted the government separate (B). This safeguard has been established to make sure each branch doesn’t control the government
Madison felt that the branches should be able to have power over each other. Each branch has something different , legislative is invested by congress, executive is invested by the president and judicial is invested by the supreme court. Checks and balances ....” the constant aim is to divide and arrange the several offices in such a manner as they may be a check on the (The three branches) shouldnot be so far separated as to have no constitutional control over each other.” (Document C).
We created the three branches of government, so that each branch as a different power, but having them all work together to be able to function themself. Therefore not giving any of the branches enough power to overthrow one another. These branches consist of the Legislative branch, which is separated into two groups, The House of representative, which is in charge of originating spending bills. The we have the Senate, which is in charge of impeaching officials and approving treaties. But all together they have the power to pass laws, which is headed by
If the President were to veto a beneficial law that went against his or her beliefs or that would take away from his or her power, the congressional veto could allow the law to be passed anyway. For example, in 1845, Congress vetoed President John Tyler’s veto of a law denied him the ability to use federal funds to build revenue cutter ships without congressional approval. If Congress had not have vetoed Tyler’s veto, then the President would have had more power and could potentially abuse this power as well.
With the concept of majority tyranny in mind, the founder’s, including Madison, divided the power of the government into three different branches. The need
In our newest Constitution, the Framers created three branches of government: Judicial, Legislative, and Executive. These branches were made to have each of their own powers, as to keep the others in check. This system with separation of powers and checks and balances has run our country for more than two-hundred years. One of the main problems facing the Framers in 1787 was where to assign leadership of the United States. In which branch should the power be vested in? Should one branch have more power than another? The division of power is still an issue that exists today. In this essay, I will look at the three branches of government, their power, and how the branches balance each other.
This led to the Constitution further being divided into three branches in order to maintain a balance of power within the government, which is how our current government remains today.
Before anything else can even be considered, a congressman must propose the bill. Under our republican government, no one but an elected representative can propose the bill, but anyone can draft them. The president, or any other citizens can write as many bill as they want, but unless they get a congressman to propose it, it won’t ever reach the speaker.
And now in order to become a law you have to get passed with a two thirds majority. If the Senate gets a two third majority you go to the other Chamber, in your case it is the House of Representatives. The other Chamber must as well pass you with a two thirds majority. That means you would become a law. Alright, lets say that the President pocket-vetos you. That means you sit on the corner of his desk for 10 days. Within those 10 days if he decides he doesn't want you to become a law, you'll go through the same process with the veto. But if he decides he does want you to become a law you go through the same process if he signs you. But if congress leaves, like has a break or a vacation then you get dropped. Which that means you get thrown away basically. And the Senate will just have to start from scratch. It's okay Bill, everything will work out. Plus, I don't think that Congress has a break coming up anytime soon, so you should be fine. And then after that long process, you either get to become a law, or you don't. I wish you the best of luck, and don't get too
The road a bill takes to becoming a law is a long and tedious process. First, the proposed bill goes through the House of representatives. Once the bill has been approved by the House, it is then begins its journey through the Senate. After the bill has been endorsed by the Senate, the houses of congress then meet in conference committees to prepare the bill to be sent to the White House. To summarize, the path the bill takes to become a law is a fairly complex impediment.