The framers also believed Congress was elected to support the president and the beliefs set forth by the constitution. This theory reinforces that all three branches of the Federal Government have a responsibility to enforce the constitution not just the president (Mason & Stephenson, 2012). Prerogative Theory: Is the power to act according to the discretion of the public good, without the regard for the law or even possibly against the law. The president is given several inhe... ... middle of paper ... ...Supreme Court applied the theory of stewardship stating the president is subject judicial orders limiting his actions when the actions threaten an act of illegality. The Supreme Court has been applying the constitutional theory to most all decisions rendered.
Ultimately, I contend that the Leviathan is ambiguous in nature; it may either be a monarchy, democracy, or aristocracy. Nevertheless, it strictly imposes that ultimate power be contained by a single sovereign force, which, in any case, makes it an absolutist form of government. Throughout the book, principally in chapters XVII through XXII, Hobbes establishes some of the many characteristics of the Leviathan. When speaking of the Leviathan, Hobbes reduces it to a single entity. This is how Hobbes takes the first step towards Machiavelli’s concept of principalities.
In 1787 the United States of America Constitution, written by America’s forefathers, established a revised plan of government for the United States of America. The United States of America Constitution proclaims its purpose in its Preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” After the Preamble, the Constitution creates separation of power by dividing the government into three separate branches. These branches include the executive branch, the bicameral legislative branch and judicial branch. In order to ensure that no branch were to overpower the other two branches, the forefathers of the United States of America created a system of checks and balances. Because the United States of America Constitution created the separation of power that is supported by a system of checks and balances, the United States of America government is arranged in a manner that allows for a well-organized, competent, and able government to govern the people.
Separation of powers: an act of vesting the legislative, executive, and judicial powers of government in separate bodies. This is a necessity to have in a democratic society. 10. Federalism: an essay written by James Madison as the tenth of The Federalist Papers, a series arguing for the ratification of the United States Constitution. Prior to the Constitution, the thirteen states were bound together 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 first proposals to this new plan were the Virginia Plan and the New Jersey Plan.
From the American Revolution, the United States came to establish a strong government that functions to this day. The Articles of Confederation, written in 1777, was the first American Constitution. It was ratified in 1781. The Articles established that the Congress was to be the leading agency of government, that there was to be no executive branch, and that the judicial branch was to be left in the hands of the states. The Articles were scratched off in the Philadelphia Convention of 1786, and a brand new constitution was drafted.
Nevertheless, one has to investigate the device by which it is assumed that the people have, in effect, established the constitution. One can presume, with no great difficulty, that it is not feasible to draft a constitution by concerting every individual of the United States on what should be included in it. The Philadelphia convention of 1787 assembled delegates from all states to discuss the drafting of the constitution. Although the delegates were representatives of their states, it is the process of ratification that substantiated the republican principle of popular sovereignty. Thus, it is the ratification of the Constitution that enables it to be «empowered by the people [and gives it] a truly legal authority» (Paine, 28).
The Making of the Constitution The Constitution of the United States, the fundamental law of the United States of America. Drafted by the Constitutional Convention in Philadelphia, Pa., between May 25 and Sept. 17, 1787, it is the world's oldest written constitution still in effect. The document presents a set of general principles out of which implementing statutes and codes have emerged. As such, it embodies the essence of constitutionality--that government must be confined by the rule of law. The House of Representatives, Congress, The President and Vice President were executive powers outlined in key sections within the Constitution.
The American Constitution The basis of all law in the United States is the Constitution. This Constitution is a document written by "outcasts" of England. The Constitution of the United States sets forth the nation's fundamental laws. It establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the government and the methods of achieving them.
The Supreme Court At the apex of our federal court system stands the United States Supreme Court. It stands as the ultimate authority in constitutional interpretation and its decision can be changed only by a constitutional amendment. Two documents are responsible for its creation which is the Constitution, which explicitly creates the Supreme Court, and the Judiciary Act of September 24, 1789. The Supreme Court is the only court named in the constitution laying out the Courts basic jurisdiction, identifying the mode of selection and tenure for justices. Under Article III, Section 1 of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."