The Supreme Law Of The Land

The concept of power is a divisive matter in the American political system, as the actors holding it are sometimes unable to impose it as a result of their limited authority to do so. The legislative, executive, and judicial branches in the national government depend on each-others point of view. Part of the Constitution was designed with the purpose of making it impossible for either of these three to become more powerful than the others. Each of them has the ability to check and balance the way that the other two function. In spite of the fact that this system was created with the intention of preventing power from being shared unequally in the country, it sometimes serves as a tool for political gridlock, considering that the judicial branches can debate in regard to a particular topic for unlimited amounts of time before actually reaching a conclusion regarding the respective issue.

Theoretically, the U.S. Constitution is the supreme law of the land. However, its authority is often compromised by its ambiguity and vagueness. The lack of a logically coherent system where complete statements are supported and ideas can be traced back to single statements allows the Constitution to be willfully interpreted, and these loose interpretations tend to stir up arguments among opposing groups. In order to ensure its authority, the Constitution should be rearranged using an axiomatic system on which all laws are created and proven.

Nearly the late year of 1787, the U.S. Constitution was established, stating the basal laws and fundamental principles that the United States would be governed by. Many philosophers and political thinkers furnished a great comprehension for the modern day structures that are very active today. Our Founding Fathers created a system which divides different acts of government into the legislature, executive, and judicial branches. Following in the form of the Separation of Powers, the checks and balances system ensures that political power isn’t contributing to any individual or group that enables them to gain an abundant amount of power. For the instance of this, “the Constitution provides a method for change, as the Founders created it this

Over 200 years ago the United States’ Founding Fathers created a unique system of government that allowed a balance to exist between both the federal government and the separate state governments. Through the three branches of government, specifically the executive and legislative branches, the United States has been able to act as a unified body with several varying individual parts. With the executive branch and the legislative branch each having outlined powers of their own the Founders were able to equally balance the power of the national government and the state governments. Although this system has managed to stay in tact for two centuries and has allowed the United States of America to become a dominate player in international affairs, there has consistently been a battle of power between the president in the executive branch and the two houses of congress in the legislative branch. As the United States continues to evolve and face multiple obstacles, so does the relationship between these two branches.

Like nature, the United States government has evolved to meet the demands of an ever growing population, the increasing terrorist threat, and a new state of mind in terms of what government should look like. Each branch of the federal system plays a key role in controlling the populace. The Executive branch handles day-to-day maintenance of the federal government, makes sure laws are enforced and carried out, as well as represents the U.S. to foreign interests. The Legislative branch passes laws and allocates funds for use in running the federal government and providing assistance to the states. The Judicial branch hears cases that involve disputes between interpretations of the laws or those that challenge them. A delicate balance

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,

American politics is often defined by a continuing power conflict between the executive and the legislative branches of the government. This struggle for political power between the two stronger branches of the three is inherent in the Constitution, itself. The concepts of separation of powers and checks and balances ensure that the branches of government will remain in conflict and provide a balance that keeps the entire government under control. As it was first established, the executive branch was much smaller and weaker than as we know it today. Consequently, the legislative branch was unquestionably dominant. Over the course of history, the executive branch grew in both size and power to the point where it occasionally overtook the

This document indicates how the value and the role of the Supreme Court revolved over the course of American history. The idea of separation power and three branches of government wasn’t as clear as it is today. In fact, when the United States was first established, during the Philadelphia Convention of 1787, no one was clear on to what extend should the judicial power be

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.

When the founding fathers wrote the Constitution, they wrote the document with a set of strict ideals in mind to protect the American people from the government expanding its power. The Supreme Court has interpreted the Constitution in ways that have expanded the powers of Congress, making them most responsible for the growth of federal power. In the Constitution, the Commerce clause was created to regulate interstate commerce, but after the Supreme Court ruled on cases the interpretation changed and the federal government can now regulate commercial activities including minimum wage and labor. The Court broadened the “Necessary and Proper” clause when it ruled that Congress can establish a federal bank. Finally, the Court reinterpreted the meaning of the First Amendment so as to eliminate voluntary prayer in public or in schools. These are not the only illustrations of the Supreme Court expanding federal power, but by examining these three examples, expansion of federal power is shown.

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

The authority of judicial review recognized by Marbury has allowed the court to result revolutionary alteration in our sympathetic of constitutional supplies. This power hasn’t unpredictably, haggard both censure and praise over the court’s antiquity, but it has never been a supremacy totally beyond the jurisdiction of the other divisions of government. Since the President’s authority to appoint and the Senate’s authority to approve Supreme Court Justices to the infrequent great efforts of constitutional alteration, the court remains resolutely entrenched in our Constitution’s system of checks and balances. Meanwhile judicial review has certified that the Supreme Court’s justices, once established, have adequate power to apply their individuality from the political divisions and apply constitutional bounds on their powers. The Court’s power in constitutional clarification rests in part on general

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.

Since this paper intends to consider the Supreme Court cases relative to the political scenario, the cases have been selected such that each case reflects a different political scenario. In some scenarios, all three branches of the government are dominated by members or opinions of a single party. In other scenarios, a branch is dominated by the ruling party while another branch is dominated by the opposition party. These scenarios also take into account the different eras the cases were in as well as the changes in political opinions of political parties over time. For instance, the Democratic Party of the 19th century was anti-federalism while the Democratic Party of the late 20th century was pro-federalism. This change was mainly due to two eras, firstly, the Roosevelt era of the 1930s and secondly, the civil rights era of the 1960s. This will be explained further in a later

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