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The structure of the federal court system
The structure of the federal court system
The structure of the federal court system
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Federal government has remained a central figure in the American democracy due to its force in encouraging innovation, diversity in group policies, protecting the rights of the minority, redistribution of resources and empowering those who needed intervention among other functions. However, after the 9/11 attacks, there was need to reconsider the expansion of the federal government and particularly the Executive Branch. This is because the nation needs to have a stronger branch to determine who pays the anti-terrorism efforts at the state and the local level and to ensure that the governments are effective at spending the money allocated. There is need to adapt this change and it is still in accordance with the founder’s original intent. The Executive Branch, which is headed by the president sets pollution standards for private industries, regulates labor relations, creates food and product safety standards, manages the nation’s lands and natural resources, enforces the federal criminal law and oversees the banking industry among others. The American constitution in an attempt to prevent tyranny in government gave powers to all the branches of the government which are; the legislative, the judiciary and the executive branch. The constitution is ambiguous in describing the powers of the executive branch. Empowering the Executive Branch was an agenda of the founders of the American constitution. For instance, the power to veto legislation provided the president with great and important bargaining chip in the legislative process but it has taken a long time to interpret and practice what they mean. The constitution constraint that the Executive Branch cannot implement the established policies unless the congress provides funding r... ... middle of paper ... ...ederal branches in order to ensure policy priorities are passed without much interference. This is in line with the founders desires. The ability of the constitution to match the changes in time was another desire of the framers. That is why some issues in the constitution are brief and generalized. Its writers intended to allow flexibility as the nation grows. The flexibility therefore, leaves room for growth as the society and government changes with time. For instance, the president inherent powers gives the president a strong hand in foreign affairs though this does not leave him to rein free in the area. In conclusion, expanding and coordinating the powers of the Executive Branch is in line with the constitution founders. Works Cited Trueman, C. The powers of the American President, 2011. Retrieved from: http://www.historylearningsite.co.uk/pres1.htm.
The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a single dominant branch does not arise.
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
...nd executive branches have yet to realize that neither reshuffling power nor changing rules is the answer. It is pointless to take a process that needs to be restructured and add new layers to it. Despite the many changes, its use as a political tool has remained. It is an instrument of control and subject to the politics of the President and Congress.
It is obvious the president was not given enough power under the Constitution. This is in part because Article II of the Constitution was written in a short period of time with little thought. Many presidents have had to make unclear decisions with little information about the circumstance in the Constitution and the president is beginning to take over the government due to increasing implied powers. However the president’s power has recently proven that it has outgrown the constitution and is swiftly evolving. The Constitution gave the president broad but vague powers, including the authorization to appoint judges and other officials with the Senate’s consent, veto bills, lead the military as commander and chief and make sure “that the Laws be faithfully executed.” Many of these powers however are shared with the Legislative Branch, and cause conflict within the government.
Following the failure of the Articles of Confederation, a debate arose discussing how a centralized government ought to be organized. The prevailing opinion ultimately belonged to the Federalists, whose philosophy was famously outlined in The Federalist Papers. Recognizing that in a free nation, man would naturally divide himself into factions, they chose not to remedy this problem by stopping it at its source; instead, they would limit its effects by placing strict structural safeguards within the government's framework. The Federalists defined a facti...
The preamble of the Constitution lays out six reasons for its establishment of which two reasons standout, the establishment of justice and providing for the common defense. The national security of the United States was of paramount importance to our founders and remains so today after over 200 years. While there is no clear answer on how to achieve security, our constitutional system of government provides the framework for seeking its ends. The Constitution itself, in its ambiguity and deliberate requirement for interpretation, along with the elements of division of power and the rule of law, play key roles in how our government provides the blanket of security for our nation. This paper will explore how these elements complement and contrast one another in providing our government leaders the tools to achieve national security.
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
Whereas the six functions of government, as articulated in the Preamble remain the same, the functions have extended to govern issues not a factor during the 18th century. However, the primary function of the government to maintain order has remained unchanged. Demonstrated through various avenues, these functions are open to interpretation. Throughout time, the government continuously adapted itself to provide various services and regulations to the public that it views as beneficial for the public good. Such services have grown to include food standards, consumer protection, health, and education among others. Examples of governmental function expansion since ratification of the constitution can be seen in the Department of Agriculture, the Department of Energy, FEMA, and much more. Through FEMA, the federal government provides disaster relief funding to help communities struck by floods and tornadoes and other natural disasters. The Department of Agriculture put out the food pyramid, which helped people develop a healthy diet. The Department of Energy provides funding for research on wind energy. Clearly, food pyramids and wind energies were ...
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
The Founding Fathers limit the power of government in the Constitution utilizing many different tactics, many more than even the aforementioned. Their main intent was to make the nation less democratic and to keep the government small. The Constitution has accomplished the Founding Fathers' goal until now, and will hopefully continue doing so in the future.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
The United States government is designed with checks and balances to ensure that no one branch can become more powerful than another. Though this may be the case, it is still possible that one branch of the our government can still be more powerful than the others. The equality of power in our government has constantly changed over the course of the life of the United States. Although these changes have occurred, we still have not made all of the branches equal and the inequality has been due to meet the demands of the time. For example, in 1938 our country was facing a depression and nothing was getting done. So, Roosevelt took it upon himself to give the Executive branch more power, to then in turn, help the country creep back out of the hole it had dug itself. After the country didn’t need the reform bills and the size of the government that Roosevelt had put it, things were then downsized and put into a more stable equilibrium. Though there were attempts to make everything equal, the Legislative Branch now holds the majority of the power, and is the most powerful branch that our government has.
Richard E. Neustadt, the author of Presidential Power, addresses the politics of leadership and how the citizens of the United States rate the performance of the president's term. We measure his leadership by saying that he is either "weak or "strong" and Neustadt argues that we have the right to do so, because his office has become the focal point of politics and policy in our political system. Neustadt brings to light three main points: how we measure the president, his strategy of presidential influence, and how to study them both. Today we deal with the President himself and his influence on government action. The president now includes about 2000 men and women, the president is only one of them, but his performance can not be measured without focusing on himself.
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 legislative and today rivals the legislative in a much closer political battle. Today both branches have major factors that contribute to their power, but on the whole the legislative remains the lastingly dominant branch.
The Role of the Executive Branch The Constitution declares that the executive power shall reside in the president and mentions “executive departments,” but it does not go into detail about the structure or organization of the president’s branch of government (Pfiffner, James 118). The Constitution grants the president limited powers, which is a good thing because we’re not looking for an authoritarian leader to run our country. In this paper I will discuss the powers of the executive branch, how he faithfully executes laws, and what powers the president has that is associated with his branch. Article II Section I of the United States Constitution states, “The executive power shall be vested in a president of the United States of America.” The president has many roles and performs many duties.