The American law system encompasses many levels of the law and different branches from which our laws are derived. American law from its origins is primarily simple but builds up into a complex system that takes years of studying to master. Three defining terms explains our American law system in a nutshell. The three terms are Branches of Government, Case Law, and Administrative Regulations. The Branches of Government in our American law system are “Our federal government has three parts.…
government becomes too powerful, and to ensure the rights of its citizens are always protected, the government adheres to a separation of powers. This creates two separate branches of government: national and state government. National government deals with national issues, foreign policy, and requires an army, and state government deals with laws regulations that are specific…
is federalism. Federalism explains the separation of powers between the national government and the state government. In order to ensure that each individual’s rights are protected, they created federalism to help ensure that the government does not have all of the power. One example of federalism is freeways. The government provides the basic guidelines and supplies the states with funds, but they are owned and operated by the states themselves. The Separation of Powers is a…
Marbury v. Madison The case versus Marbury and Madison was in 1803. The issue that was involved in the case was that a court may declare an act of congress void if it is inconsistent with the Constitution. President John Adams’ secretary did not deliver all of commissions before Thomas Jefferson took office. Then, President Jefferson ordered his secretary, James Madison not to deliver the commissions. The men, whose commissions were not delivered, sued Madison in the Supreme Court and argued…
to the political practice, the President during his term is inviolable but like every American officer is accountable if he breaks the Constitution. This is the impeachment. The House of Representatives has the right to make out the case and the process carried out by the Senate as a specific judicial forum. If it is proved that the President is guilty, they unseated him, why he loses the exemption and has to face the consequences at the…
that often want a bigger say in these rulings are not always the best options for keeping a strong checks and balances for the highest level of decision making that occurs in the judicial review process. A certain level of independence to the Judicial Branch can allow the certainty of a strong separation of powers and checks and balance system that cannot be controlled by the very parts of government it is trying to…
Constitution has been the foundations of America that are rooted in federalism. Federalism serves to limit the national government’s powers and extend ways for citizens to get involved. The Constitution’s fundamental principles and values have affected the process of checks and balances and federalism; which all have shaped America’s institutions and practices. The powers and limits of the…
In football, linebackers of opposing teams always tackle each other. This represents clashing of the Congress and the executive branch. Not only that, but in football games, sometimes one side overpowers the other. Similarly, during policymaking process or conflicts, sometimes, the Congress gives in or the president gives into pressure. For example, when the Congress had threatened to impeach Nixon, he stepped down. On the other hand, president Obama could use public approval rating to help the…
“Judges (courts) do not ‘make’ law but merely interpret the law.” The famous quote, “Justice is the tolerable accommodation of the conflicting interests of society, and I don 't believe there is any royal road to attain such accommodation concretely” [Hamburger: http://www.quotegarden.com/justice.html (Downloaded 20th March 2016)] can be considered for interpreting that “Judges (courts) do not ‘make’ the law but merely interpret the law” as practically law is ruling our daily life as “the…
able to stand generation after generation. When our founding fathers created the constitution they realized that any document meant to frame a government needed flexibility, in recognizing this they incorporated the elastic clause, the Amendment process and Judicial review and interpretation. The elastic clause, which is found in Article 1, Section 8, Clause 18, states that congress may pass all laws necessary and proper.…