Concept Of Limited Government

1300 Words 6 Pages
How is the Constitution written to guarantee that the government will be, and forever remain, limited in power? The Constitution was written upon the six principles to ensure our government would forever be with limited power to protect the United States of America. A limited government is a political system that legalized force is restricted to enumerated powers. The idea of a limited government is related to political thinkers, who used a unique way of showing emphasis to prevent government from having all power. Some wanted to connect divine law and natural law; others wanted a social compact to establish the government, to protect property and natural rights. The first principle is limited government. If it wasn’t for having a limited …show more content…
Constitution. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self- appointed, or elective, may justly be pronounced the very definition of tyranny.” (Federalist No. 47(1788). The separation of powers was created to ensure power was equally distributed, which is why there are the three branches: legislative, judicial, and executive. The Baron de Montesquieu’s The Spirit of the Laws (1748), states that “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates or if the power of judging be not be separated from the legislative and executive powers.” The three branches of government all have different powers and duties they must follow - Congress is charged with legislation, a bill does not become a law until the president decides to approve it with his signature, the president may veto the legislation, which the House and Senate can override, and other provisions are known as “Checks and …show more content…
The judicial review has three different functions. First, allowing justice to be served by striking the wrong decision made by the lower court. Second, appellate courts, which monitors the performance of the lower courts. Third, important controversies, that include the law, are reviewed and resolved by the future courts and individuals. The most common judicial review form is the review of a lower court decision made by a higher court, whether it is a stated or federal. Courts will usually review the decision made in the appeals process, when a losing party in a case claims an error was made and appeals to the higher court to examine the decision. Guaranteed by the Constitution, there is no right to appeal. The right to appeal is created by the federal, state statute, or state constitution. When appealing, no jury is assembled, but a panel of various judges that review the error in the case. Appeals are not new trials.Depending on the appeal, they usually examine the established rules of evidence as to the confession of evidence by both parties. If an error is found, it must be significant enough to affect the outcome of the trial. A harmless error would make no difference to the outcome to alter the judgment of the lower court. The judicial review also decides the constitutionality of state laws. If the state constitutions

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