Judiciary

As stated in the prompt for this essay arguments for judicial restraint often mirror those arguments for a formalist approach. A formalist approach is one that through law sets out to place limits on public actors. This definition of formalist approach is in an essence similar to judicial restraint. The similarity comes from many of the cases reviewed in our text where there were opinions of the court that exemplified the need to limit the exercise of the judicial power unless it was explicitly…

“Bathroom use of transgender students in schools by gender identity” issue happened when Omaha’s administration send out a letter to public school to ask them open a new bathroom or allow transgender student join which one if they like to fit with their gender identity. This act is need to discus when Federal and so many states have agreed on the rights and protecting gay, lesbian and transgender people. “Under the new protections, transgender students are able to essentially live as the gender…

• Self -Government is a government of a country or a state that is ran by the people, it is a majority rules type government (Patterson, 1990). This was important in the shaping of America, because, it is about individual freedom, it keeps the government from having control over the people. • Separation of Powers is the principle that states that the legislative, judicial and executive branches of government should be divided in power, and used as a whole power (Patterson, 1990). Due to the…

John Marshall was known as the greatest chief justice in history, did you know that the Liberty Bell rang so loudly at his funeral that it cracked? The Constitution of the United States created three branches of government, in which includes the executive branch, the legislative branch, and the judicial branch. These branches were established to ensure that our government is effective, and that citizen’s right are protected. The Judicial branch of the government has the main purpose of…

Our founding fathers did an outstanding job when they shaped this nation. They made sure that no one person could have all the power to govern this country. The constitution was established under the system of Checks and Balances to disperse the powers into the three branches of government. However, James Madison discusses in the Federalist no. 51 that the legislative branch was intended to predominate over the three branches. Nevertheless, as the time has gone by, does the legislative branch…

The character traits of each brother could be seen as a negative reflection of the branches of government that corresponds with it for several reasons. There are three brothers in the story that Xenophilius Lovegood told and there are three branches of government and together all three of them are essentially unstoppable. The three brothers created a bridge going across a large river with their wand and halfway across, Death appeared saying they won a prize for outsmarting him considering people…

A sumptuary law is a law that regulates what a person does that may or may not offend the beliefs of the community (Arena 463). The sumptuary laws of Rome were put into place beginning third century BC and continued from there on; these laws were made by multiple people and separated into two main categories: clothing and food. Not only were these issued within the Republican period, but they were issued under the Augustan Principate (Arena 463). These Roman laws may have been distinctly…

Article III of the constitution established the Judicial Branch. This branch is made up of the supreme court and all of the lower courts. The Judicial Branch is unique from the other two branches. The executive and legislative branches members are chosen by the people. Whereas the judicial branches members are chosen only by the president with the approval of the senate. This branch has the duty of determining what every law means, how to incorporate them into real life circumstances, and also…

Under the Articles of Confederation, after earning its freedom from the British rule, America established a limited self-government in the year 1781 to create a place that was safe and ruled without a king. America was creating the famous democracy it is known for and ensuring the power of its people for years to come. Democracy is a type of limited government where the power of the government is not omnipotent and it is keeps any one particular person or group from having all the power. This is…

In the 18th century, Baron de Montesquieu, a French philosopher, wrote about government in his book, On the Spirit of Laws, that “Power should be a check to power,” meaning that the government should set up power so that it will not be corrupt by separating the government so that each part of it can “block” an action the others can take. All the way across the Atlantic Ocean, five Native American tribes were already making a “checked” government, the Iroquois Confederacy, unknowingly putting…