What Is The Legislative Branch Essay

440 Words1 Page
bulb-icon

Recommended: Judicial review

The Legislative Branch is responsible for generating statutory laws, but the Federal Legislative Branch enacts all Federal statutes (The Branches). The Constitution provides that any amendment be proposed by the Congress, with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional resolution called for by two-thirds of the State legislatures (Banks & Obrien). Although any changes are proposed by Congress, and ratified by the Legislatures, it still can come with errors. The Judicial review has the power to affirm any act by the Legislative or Executive Branch that is deemed unconstitutional. The question is who should be responsible for making changes to the United States Constitution, and the answer should be both the Legislative.
Since the Legislative Branch is responsible for creating statutory laws, and the judicial review has the power to declare if an act by the Legislative is unconstitutional or not, they should both have a say when it comes to making changes to the United States Constitution (Banks & Obrien). However, since the Judicial review, makes sure that the Legislative is not doing anything unconstitutional, the Judicial …show more content…

Legislatures have options that can be used to assist courts that go too far. They can use the constitutions to make changes to shunned judicial decisions, ratify legislations that overturn shunned judicial decisions, or simply not comply with them (Banks & Obrien). Making changes to the United States Constitution represents societies will while also governing in courts. There should be a structure of the mind, used to enforce a balanced and well-defined order to our United States Constitution, and it can only be done by way of both the Judicial review and the

Show More
Related

  • Judicial Branch Case Study

    1213 Words  | 3 Pages

    The Judicial Branch was written to have very little power, it originally had a federal court and then had to be divided into lower. The President is in charge of appointing the justices, and all of the decision from congress and the executive branch have to go through the judicial branch in order for them to decide if it constitutional or unconstitutional.

    Read More

  • Checks and Balances

    850 Words  | 2 Pages

    The legislative branch is responsible for making laws and includes Congress, the Senate and the House of Representatives. The Senate has 100 members, two from each state. The house of representatives is made up of 435 members, and the larger the population of the state is, the more representatives it will have. The House and the Senate are also known as Congressional Chambers, and they both have particular exclusive powers. The consent of both chambers is required to pass any legislation. But it can only become law if it is signed by the President. The President has the power to veto a bill though, which will deny the legislation and kick the bill back to Congress. It may then only be passed if 2/3 of both houses of Congress vote to pass the bill.

    Read More

  • Essay On Constitution And Tyranny

    806 Words  | 2 Pages

    Legislative vests its power in Congress, which consists of the Senate and House of Representatives. Executive to the President of the United States, and Judicial is invested in the Supreme Court. Our constitution outlines these ideals. Each branch does not overrule another, and all are equal. Doc B.

    Read More

  • Power of the Branches

    1126 Words  | 3 Pages

    The Legislative Branch is Congress, which has just two branches - the House of Representatives and the Senate. To understand the power held by the Legislative Branch, we should refer to the Constitution itself. Per Section 8 of Article I, Congress may only act within the powers granted to them explicitly in the Constitution, these are called enumerated powers. But this doesn’t mean the powers granted to them were diminutive. The entire legislative power was constitutionally delegated to Congress. The House and Senate serve, for the most part, to work together (though not necessarily in harmony) on passing laws, and both House and Senate must approve all bills. The framers began with the forming Article I: The Legislative Article for a simple reason; law making is an extremely important function for our government. I believe they dug their heels in here first because they intended for it to be the longest, most thorough article in the Constitution, and every word truthfully serves a divine purpose of laying out the structure of how our Legislative Branch should run. With a mere 2,...

    Read More

  • Rosenberg, Epp, and Miranda: Implementation of Supreme Court Decisions

    2400 Words  | 5 Pages

    On the surface, it seems that determining how much power courts have would be a simple task. However, history has proven this to be false. The courts have been viewed in many different ways through out the history of our country. There are three common views of court power that are important for modern scholars of the court system. Those who believe courts have little power to cause social change are said to adhere to the Constrained Court view. Those who believe courts have a great deal of power to cause social change are said to adhere to the Dynamic Court view. The final, and youngest, take on court power combines aspects of the Constrained and Dynamic views into what I shall call the Condition Dependent Court view of power. This view sees that there are certain conditions which allow the court to cause social change.

    Read More

  • Judicial Tranny Analysis

    1169 Words  | 3 Pages

    Judicial Tyranny: The New Kings of America? Is a conglomeration of articles and short essays that attempts to expose the federal court’s relatively recent intrusion into our way of life by way of immoral legislative influence; made possible by presidents, congressmen, and apathetic voters who have relinquished their consent without contest. The author, Mark I. Sutherland and his associates believe that the Constitution’s system of checks and balances between the three branches of government has been usurped by an overreaching, immoral federal court system. The book explores how Judges have been influencing and shaping social and political policy for years by legislating from the judicial bench. In short, Americans have exchanged the rule of law for the rule by the judges. However, it does a poor job in addressing other major issues concerning the federal court system as a whole.

    Read More

  • Marbury Vs. Madison Case Analysis

    655 Words  | 2 Pages

    Our founders recognized the plausible abuse of power by an out of control Judiciary and a fractious Congress. Despite our founders intentions the United States government doesn’t consist of three coequal branches; ergo, Americans are subjugated by a judicial tyranny. When the states were drafting the Constitution, the power of Judicial Review was not delegated to the Supreme Court (SCOTUS) or any other branch of the government. Our founders knew that placing too much power in any one branch of government would be a significant threat to liberty which could result in despotism. This thread will examine the brief history of Marbury v. Madison and how SCOTUS hijacked the power of

    Read More

  • The Second Challenge: Imperial Judiciary

    1279 Words  | 3 Pages

    People have always been concerned about our judicial system making massive decisions in an undemocratic manner and while there are parts of our nation’s history (Jost). There have been decisions that were dreadful for our nation, Dred Scott v. Sandford; but there are decisions that everyone can agree with in retrospect, Brown v. Board of Education. Also, there are decisions that still divide us as a nation, Bush v. Gore and Roe V. Wade. There are a lot of issues that come from our current judicial system; however, I understand that the problems that come from it are not going to come from any quick fix, and we may have to live with some of them. Looking at the history of the judicial branch of the United States Government, I believe it needs to be limited in its judicial review power, but have certain exceptions where necessary in some cases.

    Read More

  • Constitutional Democracy In The United States

    1089 Words  | 3 Pages

    3 The legislative branch is the lawmaking branch of government. 4 The executive branch is the branch that enforces the laws of government power, and the judicial branch oversees the enforcement and creation of laws so that they are following the rulebook of the founding ideas of governmental power. All of these branches shown in any representation of government would be a practical representation. 4. 1 Demonstrate knowledge of the legislative, executive, and judicial branches of the federal

    Read More

  • Should The Judiciary Have Too Much Power Essay

    594 Words  | 2 Pages

    These passages present a discussion about arguments concerning the Supreme Court's power. This is an important debate for America since the Supreme Court can alter the principles that by which we live by. The two positions argue whether or not the judiciary has too much power. Both viewpoints have valid claims warranting consideration; for example, evidence indicates that the judiciary has little power to implement their decisions. In contrast, opposing evidence suggests that despite this point, they still practice judicial review. While both sides of the issue have valid points, the claim that the judiciary has too much power is the strongest position, the position supported by a preponderance of the evidence cited in the passages. The most convincing and forceful reasons in support of this position are that

    Read More

  • Criminal Justice System and Law

    1239 Words  | 3 Pages

    The legislative branch consists of the Senate and the House of Representatives also known together as Congress is the only branch that has the power to create new laws. Furthermore the legislative branch employs an amazing amount of power. However the members of this branch are likely voted out of office if their objectives are not acceptable to the people. In addition the legislative branch is looked at the branch that is connected to the people. (Phaedra Trethan, 2013)

    Read More

  • Essay On Legislative Branch

    584 Words  | 2 Pages

    The legislative Branch is a powerful part of our governmental system. One of the strengths of it is that it has powers that no other branch has. The legislative branch, including both the House of Representatives and the Senate, is given extensive powers by the Constitution. The legislative branch is the only branch that can create laws or change existing laws. In addition to creating and changing laws, the legislative branch has an array of powers such as: the power to declare war, confirm or reject many Presidential appointments, impeach a federal official, to include the president or a justice of the Supreme Court, create annual federal budgets and direct how federal monies are spent, and extensive investigative powers. Essentially, one of the legislatives branches’ greater powers to creating and changing laws do not yield there; additionally, if the President vetoes a bill, they may override his veto by passing a bill again in each chamber as long as the chambers can get at least a two-third voting in favor of the bill. An example would if the President wants to create a program and/or a system, he will have to go through Congress for approval of the

    Read More

  • Executive Branch In Public Schools

    702 Words  | 2 Pages

    The legislative branch makes the laws by which the public schools operate. The executive branch led by the President, through the Secretary of Education and the governors in each of the fifty states administer the laws. When disputes arise and cases enter the court system, the cases pass from the lower courts to the Supreme Court as the judicial branch functions to resolve the cases. One person or branch cannot accomplish this complicated job of governing working alone. Checks and balances among the 3 branches see this job is accomplished.

    Read More

  • Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker

    829 Words  | 2 Pages

    ...it from protecting the rights of minorities and from becoming a true proponent of social change. In conclusion, the Court is a somewhat constrained institution in that it only responds to the demands and whims of society. The Court's dependency upon society for case initiation as well as case enforcement prevents the Court from rendering decisions entirely opposed to societal opinion, thus why the Court can never fully lead social change within the United States. This is why, “at its best the Court operates to confer legitimacy, not simply on the particular and parochial policies of the dominant alliance, but upon the basic patterns of behavior required for the operation of a democracy” (Dahl 295).

    Read More

  • Understanding the Functionality of the Three Branches of U.S. Government

    1099 Words  | 3 Pages

    In 1787 the leaders of the states came together to establish a constitutional set of guidelines (laws), to ensure a more structured uniformed way of protecting the American people against total governmental control, and protecting the citizens rights. The constitution ensured that the branches would be serperated to detour from total control of one branch of government, Each branch of government has its own duties and responsibilities other than working along side the other branches. Below identifies the three branches of government as well as their responsibilities and process of being elected as a member.

    Read More

More about What Is The Legislative Branch Essay

Open Document