Case New York Times Vs United States

Improved Essays
In the case New York Times vs. The United States, the Legislative branch checked the validity of a decision made by the executive branch in a court ruling. While ruling in favor to overrule the lower court's decision, Justice Brennan said “ since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified”(Oyez). The separate branches of government used each other to check for correct due process and to enforce a system of checks and balances.
Reason 1- The Executive branch over used their power by putting a hold on publishing the Pentagon Papers in the New York Times newspaper. This violated the first amendment by putting restraints on the press and what

Related Documents

  • Improved Essays

    In establishing judicial review, a system of checks and balancing was established. Each layer of government has equal power. The executive, judicial, and legislative branches are all equal. (PBS) In this review they were able to question the constitutionality of decisions made by the executive and legislative branches.…

    • 731 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Dbq Essay On Tyranny

    • 664 Words
    • 3 Pages

    Can you imagine how life would be in america if we weren’t protected from tyranny. Thanks to the constitution we don’t have to worry about that ever happening. In 1787 our founding fathers met in philadelphia to discuss a big problem, which was the Articles of Confederation. The Articles of confederation was considered as America’s first constitution. After much discussion and debate they decided that the articles of confederation would no longer be utilized.…

    • 664 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Checks and balances were created to keep one branch of government from having control over another branch of government. In Document C, it says, “… the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other… (The three branches) should not be so far separated as to have no constitutional control over each other.” This means the branches of government all check each other to make sure one branch does not have more power than another. The branches can approve or disapprove with things the other branches have decided on. If one branch became over powered than it could take over the government resulting in tyranny.…

    • 566 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    (Doc C)The judicial branch can check the legislative branch by declaring laws unconstitutional. (Doc C)The judicial branch can check the executive branch by being able to declare presidential acts unconstitutional. (Doc C)The executive branch checks the judicial branch by nominating judges. The framers of the constitution guarded against tyranny by not giving any one branch too much power over the other, but instead dividing and balancing powers into three branches of…

    • 903 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Document 1 shows that the Articles of Confederation restrain the government from having a national court system, along with the power to enforce laws. The judicial branch helps the United States in many ways, as they interpret laws and rule on cases between states. The executive branch enforces the laws, which is important to keeping Americans safe. Even though there is a national court system and a branch that enforces laws, neither of them have complete power due to checks and balances. The system of checks and balances chart shows that the branches of government are crucial and effective.…

    • 507 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Checks and balances limits the power of each of the three branches of government. Each branch “checks” the power of the other branches to make sure that the power is balanced between…

    • 748 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Ratified in March of 1781, the Articles of Confederation provided the United States of America with its first form of government. The Articles called for a loose confederation where each state continued to have its independence along with individual rights and powers. The Articles were less powerful than the state constitutions and were designed to be reactive, causing the national government to be significantly less powerful. After seeing the severe flaws the Articles contained, delegates gathered in a meeting known as the Philadelphia Convention, later named the Constitutional Convention where, unbeknownst to them, the Constitution would be created. Although the Constitution provided the United States with its first effective form of a democratic…

    • 1869 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The Constitution limited the powers of the federal government in many ways, they did this in order to make sure that their system of government wouldn't get out of control. There is a check for everything, everything is in a system of order, so... here are some ways that The Constitution limited the powers of the federal government. For Example: The Great Compromise.…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Under the system of Checks and Balances the power to rule is divided into the three branches of government. It includes the Legislative, Executive, and Judicial branches. James Madison states in the Federalist No. 51, “The distribution of power was intended so that each may be a check on the other.” In essence no branch can over power the other and together they make sure every branch is in upright.…

    • 949 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    In the idea of checks and balance, the legislative branch always gets the final check. A few examples that make this branch the strongest are, the president can veto a bill but congress can override the veto. Congress can remove a president or a Supreme Court justice with a valid accusation of the individual and trial. The legislative not only have the power to override and create laws but they all show to represent the people with their…

    • 886 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Lastly, the judicial branch also reviews lower court decisions to also ensure they are meeting the intent of the Constitution (Kelly, 2015). Since the inception of the Constitution, there have been few instances where the system of separation of powers has been in question. The separation of powers allows each branch to work interdepended but also have overlapping powers between the other branches. These overlapping of powers allow the checks and balances to occur, so no one branch holds all the power and everything the country does is within the bounds of the U.S. Constitution.…

    • 777 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Lastly, the Judicial branch then evaluates the laws, and check if they are constitutional or unconstitutional. This process is called Checks and Balances, “The system of separate institutions sharing some powers… its purpose is to keep power divided among the three branches” (Turner,27). By this definition not one power is meant to be all powerful, although…

    • 1331 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Check And Balances

    • 796 Words
    • 4 Pages

    “Each branch of government has a check upon the other, and the two must balance one another to consummate the action. Even if each branch eyed the other skeptically, they were motivated to cooperate.” (Fox and Pope, p.94) The ability to check and balance is necessary in the government and in economics. Citizens of nations ruled by kings only serve the purpose of promoting the wealth of the king. Economies dominated by companies with monopolies don’t flourish, due to the lack of competition.…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Legislative Branch and the Executive Branch are both part of the three branches that where put into place to separate power. Also known as separation of powers. Both of these branches has specific powers that they can each do. The Legislative Branch is made up of the House of Representatives and the Senate.…

    • 619 Words
    • 3 Pages
    Improved Essays