The Three Components Of Madisonian Democracy

In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To

The Tenth Amendment protects Americans from intrusive federal government action, The federal government only has powers listed in the constitution. Sometimes the federal government may try to do whatever they want, but do not consider the state powers. Federal government must follow the constitution thoroughly because they are only specifically reserved to that.

I agree with federalism because it ensures that one group never has too much power. Additionally, different states may have different values or needs and should be able to adopt their own policies. The structure of the legal systems ensures that no one branch has unlimited power and allows the three branches to keep each other in check. The organization of the American legal system is both diverse and unified at the same time.

Lastly we move to federal government this is one in which the powers of government is divided between a central government and several local governments. There is a authority superior to both the central and local governments which makes this division of powers on a geographic basis; That division cannot be changed by either the local or national level acting alone. Both levels of government act directly on the people through their own sets of laws, the officials, and agencies. In the United States, for example the National Government has certain powers and the 50 states have others. This division of powers is set out in the Constitution of the United States.

Basically, there are two types of federal courts: constitutional and legislative. Constitutional courts are presided over by the Supreme Court and

The federal courts have power to decide only those cases over which the Constitution gives them authority. These courts are located principally in the larger cities. Only carefully selected types of cases may be heard in the federal courts.

The U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are governed by Article III of the US Constitution. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. Often times than not the two

Federalism guards against tyranny by dividing the power between central and state governments. Some powers given to the central government are to regulate trade, to declare war, and etc. Powers given to the state government are to hold elections, establish schools, and etc. Both the state and central governments check each other to make sure one doesn’t get too much power.

Federalism splits the powers between the state and federal government. They also share powers like taxing, making laws, enforcing laws, setting up courts, and borrowing money. This lets the states take care of

The 10th amendment of the United States constitution should have contained specific powers that are within the states. However, there is not an explicit example of the powers that given to the states. Whether the powers were changed, eliminated, or remained the same throughout the years, there should be at least some form of documentation as to what the states are allowed to do and with or without permission from the federal government. These powers of the states are actually the rights of the states that are supposed to be protected by the constitution.

Constitution, and “appoints federal judges by advice and consent of the Senate” (SITE, p.). The judicial branch is comprised of the Federal, District, and Appeals Courts, which judge cases concerning federal law, but the Supreme Court decides if the law agrees with the U.S. Constitution. http://answers.yahoo.com/question/index?qid=20080521155230AAz04SP

There are 94 different federal trial courts call District Courts. The role of these district courts are to hear civil and criminal cases. Those district courts are broken down into 12 different regional circuits, each of the 12 regional circuits have their own court of appeals. These court of appeals deals with appeals within their circuit. Those appeals are then heard and their fate is then decided based on the record that was given before the District Court. All the cases that involve juvenile issues, child custody and Dupree cases, inheritance/probate cases, real estate, as well as most cases that involve criminal prosecution, personal injury cases, disputes and contracts, as well as public health cases. Each state handle local laws, has its own police, and court system. Each court system has its own Supreme Court which is known as the court of last resort. Local crimes in cases go before their local courts and from there it's it is decided whether or not the case goes before the state, supreme, or federal court.

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

The powers of the Congress are listed almost exclusively in the Constitution under Article I, Section 8 which state powers such as: the right to declare war, the right to establish a uniform Rule of Naturalization, and the right to regulate commerce with foreign nations. The Congress is also given the right to lay and collect taxes among other things. The House of Representatives has the greatest privileges of either the house or the senate. The House of Representatives has the power to impeach, or bring charges against, federal officials for misconduct. If no candidate in a