...democratic countries. Separation of powers consists of legislative, executive and judiciary. Briefly, duty of legislative makes the laws. Duty of executive implements the laws. Another part of the separation of powers; judiciary makes trial depending on the law. Judiciary is the most important organ of the separation of powers, and independence of the judiciary is essential in democratic countries. What is independence of the judiciary? Independence of the judiciary is basically separately from the legislative and executive branches . So, what is the level of independent judgment in democratic countries? We will talk about the American legal and judicial system in this article. American legal system was adopted in 1789; it governs according to the constitution of the United States. All the rules of the legal system are established in the constitution such as the operation of courts, assignment of judges, their salaries and duties etc. America consists of 50 provinces, and America's legal system was also determined in a manner that protects of independence of the all provinces. Firstly, let’s talk about the appointments and salaries of judges. Assignment is done by political institutions (the United...
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...The Constitution is the founding document for American democracy, and it features many ideas from the time it was written. One set of ideas that are not prominently feature in the constitution are those of Transcendentalism. Transcendentalism is a philosophy that is based around a focus on ideas and feelings, and the belief that individuals can find truth within themselves. The best know Transcendentalist writers include the likes of Henry David Thoreau and Ralph Waldo Emerson, who became well known for their strong political opinions (Brodrick). Issues that are extremely important to the Transcendentalists such as slavery and the forcible removal of Native Americans from their land are not addressed, and barely mentioned in the body of the...
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...Sheila Henderson, Sondra Lettsome, Elvina Scott, Desmond Thomas University of Phoenix U.S. Constitution HIS/301 Dr. John Theis November 10, 2011 Bill of Rights and Amendments Paper The founding fathers of our country had it right when they put in place an irrefutable plan of action and order. Although many things have changed since the inception of the original documents, the process and ways of which something must be done and adopted remains viable to us today. This example is not only found in the legislative democracy but also in the educational, religious, and social genres of the world. The constitution shares with all who take the time to peruse, the reasoning behind it, the amendments that are attached, and the rights of each person living the American Dream. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b (Archives.Gov.) If two-third of the number of votes of both the Senate and the House of Representative are in favor an amendment can be proposed by the Congress. Otherwise, two-thirds of the legislatures of the fifty states can call for a constitutional agreement for the purposes of proposing amendments to the Constitution. After an amendment to the Constitution has been proposed, it must be ratified to become legal and requires two procedures. First,...
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...contradictory terrain throughout American history—and nowhere is the contestation more prevalent than in the formation of the Constitution in the late 18th century. During the Revolutionary period, both common and elite Americans alike sought to define the ideals of liberty that would be incorporated into the new nation. But the realization of these ideals of equality in politics and universal rights necessitated the formation of a centralized Republican government in order to become a practical reality, thereby ensuring the success of the nation by implementing basis of lasting, effective systems of maintaining political order. In doing so, the constitution realizes revolutionary aspirations for independent government that guarantees the rights and common good of its citizens. The ratification of the US Constitution and Bill of Rights ensured that the ideals of independence, accurate representation in politics via a republican system, and the protection of natural liberties birthed during the Revolution could survive practically within the new nation. The ratification of the Constitution was critical for the success of the nation, thus realizing the revolutionary dream of...
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...and the laws and amendments. A great Chief Justice once said, "the Declaration is the promise, the Constitution, its fulfillment," and nothing could be more true. To fairly apply the Constitution and its structure to contemporary problems, one must never travel very far from the "self-evident truths" that men and women are "created equal;" that unalienable human rights flow from the "Laws of Nature and Nature's God;" and that the purpose of any government, including the one established under the American Constitution, is "to secure these rights.” The very important Fourteenth Amendment following the Civil War resolves to protect "privileges or immunities" and the equality of all persons under the law. Free speech is one of the most cherished liberties, but free speech often conflicts with other rights and liberties....
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... To begin, the Presidential Reconstruction was the beginning of defining the voice of freedom for liberated blacks after the civil war. Furthermore, the Presidential Reconstruction began the upstart of a political war as principal Reconstruction proposals and plans were beginning to be implemented in order reform the Union. In 1863, Abraham Lincoln introduces his “10 percent” Reconstruction Plan. Although it is eventually replaced by Andrew Johnson’s own Reconstruction proclamation in 1865, it proposed that a state could be readmitted into the Union when 10 percent of its voters given an oath of allegiance to the United States and pledged to abide by emancipation, thus promoting the liberation of blacks as well as restoring the Union (American Pageant 470). Furthermore, Johnson’s Reconstruction proclamation upholds Lincolns one step further by disfranchising certain leading Confederates in which they would have petition for...
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...Over time the American dream has proven to be a unique perception in which Americans have connected through personal experiences and life narratives. The American dream is not established in origin, religion or some form of history the American dream is molded and defined by unified values. The American dream shows its true nationality identity in the world through principles and morals which are embedded in self-reliance, self-actualization and individualism. This three principles make it possible for Americans to achieve overall fulfillment in their destiny. They are self-reliant and believe in the promise that through hard work and dedication life can be better and different. The provable documentations of these values in relationship to...
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...Bill of Rights and Amendments Bill of Rights and Amendments The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives...
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...University of Phoenix Material Influences on the Constitution Table Complete each section below. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |Written in 1215, the document was a series of written promises |The magna carta served as the first piece of legislature attempting to keep the | | |that the King would rule England and deal with the people |rights for the people fair. The Americans saw it and read about it and decided it | | |fairly according to feudal law. It was an attempt by the barons|was time America had “higher law” ideas and design a document to give the people | | |to stop the king from becoming an oppressor more than a ruler. |rights and to protect them from oppression, such as the people during the time of | | | |the magna carta were suffering. | |Mayflower Compact |The mayflower compact served as the document needed to keep the|Much like the magna carta, the mayflower compact was put into...
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...HIS/301 August 14, 2012 The Branches of Government Articles I, II, and III of the Unites States Constitution outline the importance of dividing government into 3 branches, this system was designed by our forefathers to serve the people. With any division of power obstacles are bound to arise, usually when attempting to enact important legislation. Since the US Constitution was written to the present day there has been conflicts between the supporters of a strong federal government and campaigners of states’ rights. This paper will address these three aspects associated with the first three articles of the United States Constitution. Reasons for Dividing the Government The fact that power is abused if monopolized by one person is something the world has dealt with for some time. History provides us with plenty of examples of rulers who tormented society as well as their own people. The Roman Caesars drove the Roman Empire to break through their selfishness and reckless abuse of power. France was under the same disastrous governance structure under Louis XIV and Louis XVI. Lord Acton, eminent British historian wrote this report to Bishop Mandell Creighton in 1887, "Power tends to corrupt, and absolute power corrupts totally. Great men are almost always unprincipled men." William Pitt served as the British Prime Minister from 1766 to 1778. The unrest and discontent in the American colonies was building and would require the Patriot leaders to adopt an open rebellion against England...
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... Through various means and methods (i.e. lectures, discussion, group activities, projects, papers, etc.) we will examine the basis of government and how that government works in today’s society. The major goal of this course is for students to understand and apply democratic and civic values. The foci of the course include the development and meaning of the Constitution and the Bill of Rights; understanding the role and connections of the Courts and the governmental process; the roles and influence of the legislative, executive and...
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...Thesis Statement: The purchase of the Louisiana territory was an unplanned occurrence that had multiple factors other than the treaty, that lead to the final succession of the United States’ ownership of the land. Introduction: In Jefferson Buys Louisiana Territory, and the Nation Moves Westward, published in the spring of 2003, the authors Wayne T. De Cesar and Susan Page establish the idea that the Louisiana Purchase was more than just a quick deal among the top French and American Diplomats in April of 1803. And it took more to complete the Louisiana Purchase than the treaty itself. Wayne T. De Cesar and Susan Page prove this to be true with the following arguments: to fill Jefferson’s dreams of being the most powerful and prosperous,...
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...the 1920’s America was going through a major transformation: from coming back together as a country after the civil war, to the fulfillment of the manifest destiny. America was expanding rapidly both physically, and most importantly, politically. During this time, the federal government was tasked with maintaining peace and order for a developing and unruly country, which helps to explain its need for expansion into Americans’ lives. Given this challenging task it is easy to understand that mistakes were made along the way; nevertheless, the expansion of the federal government was vital in the survival of this young nation because it helped facilitate equality throughout America. The first way that the expansion of the federal government helped bring equality amongst the American people was their passage of antitrust laws during this time. Equality in the market place before reforms such as the Sherman Act and the Federal Trade Commission Act was nonexistent. There where the titans of each major industry that controlled their respective market and made competition from smaller companies virtually impossible. This competition, which is facilitated by equality in the market place, is crucial for a successful economy. Yale...
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...forces—nationalism and sectionalism--ostensibly in opposition to each other—prevailed simultaneously in the first half of 19th century America. Describe these two forces and discuss the geographic, political, constitutional, economic, and diplomatic contrasts of both forces. PROMPT: Formulate a thesis statement Use documents as well as your own outside knowledge of the period. Deal evenly with all aspects of the questions Be sure to cover the time period given • Assess the validity of the documents • Draw effective and specific conclusions whenever possible TEXTBOOK RECOMMENDATIONS Gillon & Matson The American Experiment Boydston & McGerr Making A Nation Murrin, et.al Liberty, Equality, Power Norton, et.al. A People & A Nation Brinkley American History Bailey & Kennedy The American Pageant Boyer, et.al. Enduring Visions Davidson, et.al. Nation of Nations Cherny & Berkin The Making of a Nation Henretta, et.al. America’s History Document A Election of Andrew Jackson 1828, map. John D. Hicks. The Federal Union. p.366 Document B...
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...The first of these papers which were later published together as The American Crisis in 1776 called out to all Americans as well as George Washington and his troops who were fighting the cold in New Jersey. The opening lines of this are still the most quoted lines of Paine. He wrote that all Americans must continue, must hurt, he wrote, for all history is awaiting the result of the battle. “These are the times that try men’s souls…” is his most quoted work. Thomas Paine’s first Crisis was the most dramatic of course. At this time Paine had gone to New Jersey after the signing of the Declaration of independence, which he believed was the fulfillment of his plea in Common Sense for total independence. Thomas Paine went to Fort Lee where Washington’s army sat defeated and tired. He lived with these men, spoke to them and begged them not to give up. An army that was of twenty thousand men at the beginning, now only consisted of a few hundred who were just resigned and tired. That is when Thomas Paine wrote his first American Crisis. Washington was immensely moved by this piece and he instructed that it was to be read out loud to the army. This was sold as a pamphlet and memorized by thousands. Although some of his later Crisis Papers had much less impact, his first one had an astounding...
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