The Constitution set the ground work for the federal government and the three branches government it is divided into. The philosophy behind the Constitution was create a government that was not too weak and not too strong but had equal power. The legislative, executive and judicial branches all serve a different purpose but play a very important role in the US government. The Judicial branch is the most important branch of government as it has the power to overrule unconstitutional laws and evaluate the laws put into place by Congress. My thesis is that the Judicial branch of government is the most powerful because it directly correlates to the framing of the Constitution. The principles of the Constitution are based on sharing of …show more content…
Thus, making the Judicial branch the most powerful. The enumerated powers are specific powers in Article one section eight of the US Constitution that provides an outline of the limitations of the Congress and Federal government. The powers stated in the Constitution for Congress include; the power to lay and collect taxes, borrow money on the credit of the US, regulate commerce with foreign nations etc.(pp.186). This issuance of delegated powers was established to limit the federal governments control of the people. The necessary and proper clause/ elastic clause was supplementary to guarantee that the government had the approval to deal with any important matters in implementing the other enumerated powers as they came about (pp.186). The founders of the Constitution were aware that it would be a daunting task to mention every power that the government would need as America advanced. This in turn brought about the Necessary and Proper clause at the end of the enumerated powers list (pp.186). The elastic clause essentially gives the government the opportunity to expand further than its outlined authority. Implied powers is the ability of Congress to pass the laws to implement the enumerated powers specific to the federal government (pp.81). Although these implied powers are not addressed in the Constitution they are presumed to be in place if deemed necessary. The main difference between the enumerated powers and
The Founding Fathers created the federal constitution during their time and this contained an intricate set of checks and balances between different levels and branches of government. This remains relatively unchanged within the US constitution. This set of checks and balances works in a way that makes the different branches of government still have independence and work on their own, but also requires them to work together interdependently. This creates better, stronger
The main purpose of the U.S. Constitution is to provide the basic rights of all citizens and provide direction how the government should work.The Constitution also provides the structure for law. and it has three branches; federal judiciary branch, legislative branch and executive branch.
When the founders were creating the Constitution for the new nation they wanted to keep the freedoms of the United States but wanted to have a strong government. They thought the best way to get a strong government but to keep the people’s rights were to create the three branches of government. The three branches of government are Executive, Legislative, and Judicial Branch. Legislative makes laws, Executive enforces the laws, and the Judicial branch explains the laws. Know we will key on the Legislative Branch.
The Necessary and Proper clause is the clause that allows congress to better do their job. It allows them to make all laws which are ruled necessary and proper to be carried into execution by the next powers. In the US constitution article 1, section VIII it states the following, “The Congress should have power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” This is what the Necessary and proper clause is. If you look at enumerated powers you see that it grants powers explicitly to congress. Implied powers are granted to congress that has assumed in order to better do its job. Reserved powers are powers that the Constitution does not give to the national government and are kept by the state. The Necessary and
With the U.S. Constitution one of the strengths is how it divides federal powers between three main branches, legislative, executive, and judicial. Which is defined by the separation of powers doctrine, and provides a system of checks and balances to prevent one branch from overpowering the other. This is why separation of powers is important because if one person had unlimited power, then others would be suppressed. The separation of powers divides certain tasks among the three branches so that they can check each
The supreme court is the highest court in the nation, which makes the judicial branch have one of the most important courts in its branch. Its decisions set precedents that all other courts has to follow, and no lower court can ever supersede a supreme court decision. Not even the congress or the president can change,reject,or ignore a supreme court decision, making the judicial branch the most important because even the highest people has to go through this branch. There are 3 branches of government, but the judicial branch happens to hold the most power among the three. This is my second reason why I believe the judicial branch should be considered the most powerful
Our Founding Founders established the federal government with three distinct branches, each with powers over the other in order to have a proper checks and balances to ensure fairness across the board. The U.S. Constitution outlines the powers and responsibilities of the three branches of government and is a critical document for the federal government. Important laws and documents such as The Bill of Rights, The US Civil Rights Act and The Freedom of Information Act (FoIA) are managed by our Constitution. Below we will discuss three subjects which set up a diverse broad range of viewpoints that are essential in our democracy.
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.
The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,
A constitution is consisted of four major functions that apply to constitutions all around the United States. Separation of powers is one of the major functions which is the formality of the three branches of government. The three branches of government are the legislative, judicial, and executive branches. Each have their own appliance to the constitutions of the vast United States, and each have their own influences as well to the different constitutions across the U.S. Another major function of a constitution is the division of federal and state powers throughout the U.S. This division of federal and state powers is usually
In 1789 the leaders of the states got together to create The Constitution. The Constitution created the three main branches of our government The Legislative Branch, The Judiciary Branch and The Executive Branch. The Articles of Confederation also had played a part in creating the three branches of government. The first three Articles of Confederation helped establish what the three branches would do and who was involved in each branch. Article I created the legislative branch which includes Congress, Article II created the executive branch, which established what the President does, and what happens with new laws, Article III created the court system which includes all the lower courts and the Supreme Court.
Implied Powers are powers not listed in the Constitution. They come from and depend on expressed powers of the government. The basis for implied powers comes from the necessary and proper clause of the Constitution, Article 1, Section 8. Another name for implied powers is called the elastic clause because it stretches the power of the government. Implied powers have helped the government enhance its authority to meet the many problems and situations that the Framers unseen.
Enumerated power does include taxation and the regulation of commerce as well the authority to provide for the national defense (Paterson, 62). The enumerated power was to create a strong union to secure in it defense and in its economy. For instance, the government can't interfere with the right to free speech or the right to bear arms. But most of the Constitution is a list of cans, or things the government is allowed to do a list of given powers, which we sometimes call expressed and sometimes call delegated, but when we're feeling formal, we call them enumerated powers. The Article, Section 10 does not want the state to raise armies, waging war, printing money, and entering into commercial agreements with other states without Congress approval. Article VI of the Constitution creates a supremacy clause to prevent problems with the national authority and the laws of the state. Supremacy clause will provide that the laws of the United States shall be the supreme law of the
The constitution was established by men who had experienced the dictatorships of Europe and had escaped from its grasp. They sought to establish a form of government that would never allow a dictatorship or tyrant ruler to hold power over the people like in the places they had fled. With their creation of the foundation of what our government is today they created a system where 3 branches were all of equal power and each could be overruled by another which prevented any branch becoming superior of another. The separation of powers provides a system of shared power called Checks and Balances.(2) The three branches are legislative, judicial and executive and they each have specific powers to
The Constitution was just in that it created a system of checks and balances within the government making all branches equal. The Legislative, Executive, and Judicial branches are the the 3 branches of the American government, they were created to maintain equal power and avoid tyranny within the US government. Tyranny was one of the main fears within the Articles of Confederation as well as the United States Constitution of 1787. The Constitution produces a just government by regulating power so that one person or branch does not gain all available power, while it also removes the possibility of a tyrant. Each branch of the government has a specific job to obtain; The Legislative branch creates the laws, the Executive branch carries out the laws, and the Judicial branch determines if they are constitutional. This divergence gives each branch a certain power that only they can carry out which maintains checks and balances. In Federalist Paper #51 by James Madison