The Judiciary And The Federal Budget

The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.

The Legislative Branch is able to check the executive branch by rejecting presidential vetoes. It can also impeach presidents and convict presidents. The legislative branch has the authority to impeach not only the federal judges but also the Supreme Court justices. They also have the right to confirm appointments for the Judicial Branch.

There are many checks and balances put into place by The Constitution, but one extremely important check was not in effect until after Marbury vs. Madison in 1803. This is the power given to the Supreme Court by Chief Justice John Marshall to declare laws made by Congress unconstitutional (“John Marshall”, 2016). This check was deemed necessary by the vague eighteenth clause in Article One, Section Eight of The Constitution giving Congress the 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.” The intention of this paper is to define what this clause means

One of the challenges of American government, and in fact, one of the challenges for the Supreme Court has been defining in a cogent way the power afforded to the president. While the constitution itself was written with an eye on constraining executive power, the Supreme Court has, over time, provided the president with more power, especially during times that might be deemed an “emergency.” This is partly done out of necessity, as the country’s general legislative processes are not designed to deal with immediate problems. These processes are designed to grind out changes, which is a perfectly sensible approach over the long term. As the Supreme Court’s cases show, however, the

Our judicial branch is essential in the function of our current government and to make valid the constitutional rights of every citizen. In additional, the judicial branch has is established to make sure there is balance of power within the executive and the legislative branches. With this in mind and being a citizen of this country is important to know that the head of the judicial branch is a person that is well prepared and educated to make a rightful a judgement always. Correspondingly, is important to learn who the current Justices of the Supreme Court are and what are their qualifications. Recently, due to a given school assignment I was able to read more and learn more about our current Chief Justice of the United States and the Associate

In an era of polarization a unified or divided government is detrimental to determine the relationship between the president and Congress (Edwards 1997, 545). The type of government helps determine how difficult legislation is passed in Congress, especially legislation important for the president. In unified government, where both chambers of Congress controlled by the same party as the president’s, legislation is much easier to pass in Congress. Presidents in a unified government have much success within Congress because their party tends to vote in favor of the president. Congressmen are more likely to vote on legislation in favor of the president because they are optimistic that the president will help them when elections come around (Coleman 1999, 821). Moreover, in a polarized era, congressmen are loyal to their party. For example, David Price (D- NC) has voted nearly ninety-five percent in favor of the Democratic Party in the 113th Congress (OpenCongress)

In the United States constitution we have a very important system called checks and balances. This system was made to control the power of each branch of Government. Without a structure to control the amount of power each branch has our Government would be controlled by one group of people. Checks and balances help prevent tyranny. The system is very simple however complex and overtime has been put into effect. The overall idea of checks and balances is formed on the observation that people act selfishly and seek to increase their own power and wealth at the cost of others.

When the United States’ public thinks of congress it can normally be assumed that they believe that Congress is a very incompetent and inefficient governing body. However in two books, How Congress Works by Lee Hamilton and Act of Congress by Robert Kaiser, we find out that Congress in fact is a large, complicated, yet organized institution. The popular views on congress are often not what is actually true, in these two novels, it is explained and argued that in fact Congress is a strong institution that has problems due to the scope of its job and the sheer amount of legislative debate and work required.

A significant reduction in power occurred in the legislative branch when the Constitution divided the power of the legislative branch, creating an executive and judicial branch.

The federal government within the United States is established on the grounds of a tripartite form as separate powers are assigned to each division of the government. However, the legislative and the executive branch play crucial roles in executing laws under the federated system (Sidlow and Henschen 260). Yet, differences exist within each body, allowing for clashes to take place affecting the way the bureaucracy functions. For example, considering one of the most controversial issues evident within the contemporary generation is the implementation of the Affordable Health Care Act. Since the start, the ACA has been under the radar due to oppositions addressed by different ideologies and political parties (Semro, Huffingtonpost.com) implying the challenges present within the democratic form of the government.

This chapter first begins by discussing America's constitutional history within the role of the federal government. It explains how liberals have changed from the mainly classic liberals such as John Locke and Thomas Jefferson, to ones such as John Dewey and John Maynard Keynes. It also addresses how legislative power is delegated, including the role federal bureaucracy plays in this area. One issue that is brought up in the process of this is whether the practice of delegating legislative power is constitutional or not. Expanding on this is the issue of separation of powers, especially since Article 1 vests all legislative power in Congress. Continuing on with this same thought is the issue of delegating in the domestic context, because while

(2014) is a peer reviewed article in which will support my premise in the strength of the Constitution. Showing critically its importance that all branches remain in check with each other keeping in favor of a secluded, and community joy with that of civil rights. The article from the Independent Review by McCulloch, J., H (2012) will help show the support needed to manage the budget and maintain the check and balances needed for the government to run smoothly financially with all precise parties agreeing. The text of the American Government by Levin-Waldman (2012) is a highly appreciated by Ashford and serves as a respected piece of information for the development of the U.S. Constitution. These books are all scholarly resources and will be helpful for this paper to come necessarily together as a

The federal budget is developed when all federal bureaucracies come up with their total amount of money they would like Congress to give them for that fiscal year. According to Patterson (2013), the federal budget is a collaboration between the president and Congress to determine where and how much funding is necessary. The president works with OMB to issue guidelines and budgets for each of the many agencies. The OMB looks over the proposed budget each agency files. Then they take the financial plan the president gives and come up with the final budget proposal. This proposal goes back to the president to submit to Congress for approval. Congress will then hand the proposal over to the House and Senate budget committees. These committees will

I believe that the judicial branch has the most power because they have the power to settle disagreements about the meaning of laws and decide if laws and the president decides if laws or action.

(1) The five “eras” of budgeting policy discussed by Mitchell and Thurmaier in their article “Currents and Undercurrents in Budgeting Theory: Exploring the Swirls, Heading Upstream” are the Control Era, Management Integration Era, Planning Era, Policy Era and Collaboration Era. The Control Era lasted from 1906 until 1938 and was dominated by efforts by the public to regain control over budgetary and tax policies; Progressivism was a powerful movement, and it helped drive the movement to create more defined budgets, leading to the establishment of the executive budgeting system and line item budgeting. The Management Integration Era, between 1939 and 1965, saw another increase in executive control over budgeting in order to keep pace with the expanding bureaucracy. Line item budgets were moved away from in favor of lump sum grants to federal agencies and the budgeting process began to be viewed more as a political process than an economic one, as differing interests among politicians determined how much money would be allocated to each agency or project. Next came the Planning Era from 1960 to 1978 and was shaped by the Cold War and Great Society programs. Budgets were now planned years ahead using the Planning-Programming-Budgeting-Systems, and economists proposed applying macroeconomics and microeconomics to understand various facets of the budget. Between 1978 and 1992 was the Policy Era, which saw significant cuts in federal grants to the states and returned budgetary