Judiciary

In 1787, the Continental Congress was brought together in the Philadelphia Convention to revise the Articles of Confederation. The Constitution was written and since people had different views on how to interpret it, two political parties were eventually formed: The federalists and the Democratic-Republicans. The main reason for the rise of political parties during the 1790s was because each of the parties favored different political and economical reforms needed as a new, developing country.…

for the incident in order to understand why they should not receive their commission. However, Chief Justice John Marshall didn’t follow through because he felt the Constitution didn’t grant the Supreme Court the power to do this, even though the Judiciary Act of 1789 did. Marshall realized that Congress had exceeded its power and, according to the Constitution, the decision was left to the Courts (History.com Staff, 2009). This inconsistency led to judicial review, which not only emphasized the…

The Selection of Supreme Court Justices and the Litmus Test The selection and appointment of US Supreme Court judges are important to the management of cases involving the laws of Congress and the Constitution. Therefore, this process is complex. Under the constitution, presidents have the power to “nominate justices, and, in doing so, they have employed several criteria at different times, including professional merit, ideological compatibility, and political support by the president and his…

precedent or common law review, has two main problems. The first one cited by Justice Scalia is that, common law review applied the law to the fact of a case. This is a problem because of the different nuances of every case presented before the judiciary. Scalia’s second objection to common law review is that it creates law (Scalia 5-6). This principle of stare decisis is flawed according to Scalia, because it sets the standard that one case will determine the next. Scalia uses the example of a…

There were many problems with the Articles of Confederation, a result of drastic financial problems. England had denied American ships from the West Indies and only allowed certain competitive items. Therefore, American had to make changes to receive money by doing their own tariffs. “The states with the lowest tariffs received the most trade, which led to hostile competition between the various states within the Union.” The federal government had a difficult time paying off debt, therefore,…

The two had different ideas of who and what should govern over all the states and what the powers of this newly formed government will have. The main points of the Virginia Plan was that the governing houses should that of a legislative and a judiciary. The representatives in the legislative branch would be based on the population of the states, and gave the power to the larger states which was disliked by New Jersey because it was on of the smaller states. Due to this…

school for the blind is regarding a pupil who has multiple disabilities such has blindness, cerebral palsy, and developmental delays. Forasmuch as he is unable to articulate desire and need cognized . Respectively, four apportioned legal ramification judiciary reviewing are American Disability Act, Section 504 Rehabilitation Act, The New Jersey Law Discrimination Act and a Tort Claim. The court decision regarding American Disability Act were without bias given plaintiff choose to file an…

When the three branches of government were coming into existence, one could only hope that the Founding Fathers intended them to help serve balance in our government rather than give opportunities for certain people to oppress a minority or weaker entity. There is an emphasis on hope because history has confirmed our government’s capacity to corrupt circumstances of power for statesman and tyrants alike. Both the Federalists and Anti-federalists cast arguments against the system, deeming certain…

Branch, and the American people check the Senate’s powers. The House of Representatives is required to vote on any legislation from the Senate. The Executive Branch has veto power on legislation and can call a special session of Congress. The Judiciary holds power over the Senate and House by stopping any unconstitutional legislation. Citizens…

The primary goals of the framers of the U. S. Constitution is to create a government that is strong enough to meet the needs of the nations (Patterson, 2013, p. 37). Furthermore, to form a government that would not frighten the presence of the separate states also a Congress attached to the states through elections (Patterson, 2013, p. 37). Moreover, to establish a government that would not jeopardize liberty, an objective pursued through an elaborate system of checks and balances (Patterson,…