...The US Constitution, written in Philadephia in 1787 by the Founding Fathers was the product of the revolutionary war of independence, with it’s foundations strongly influenced by the works of political theorists such as Montesquieu and Locke. The Founding Fathers favoured a government that prevented any individual or particular group becoming tyrannical. Furthermore, they strongly opposed the notion of excessive government power, seen as the potential threat to individual freedom, wanting to protect minorities as well as the population as a whole, from arbitrary or unjust rule. Consequently, the Founding Fathers outlined main provisions within the US constitution in order to avoid tyranny: the separation of powers, a federal structure of government and also providing citizens inalienable and entrenched rights through the implementation of the Bill of Rights. Arguably, these provisions as a result mostly ensure, as the Founding Fathers had hope to achieve, limited government, in so much as the size and scope of the federal government is limited to an extent in which it is necessary only for the common good of people. The separation of powers prevalent in the USA, whereby political power is distributed between the executive, the legislature and the judiciary branches of government, were adopted from the Founding Fathers by the principles of Montesquieu, who argued for a separation of powers into legislative, executive and judiciary branches in order to avoid tyranny. This framework...
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...Assess the positive and the negative aspects of the United States political framework based on the ‘separation of powers’. The United States is a presidential democracy; its political framework is based on the separation of powers between the executive, the legislative and the judicial branches of government. This is in contrast to a parliamentary democracy where there is a fusion of powers between branches of government 1. It is often argued that a parliamentary system of government based on a fusion of powers is a more effective form of government, particularly when legislating. Although this may be the case, the US political system has overcome issues faced by most parliamentary democracies such as elective dictatorships and poor scrutiny of the executive. This has been due to the structure of the US political system based on the separation of powers. In this essay I will assess the positive and the negative aspects of the US political system. I will evaluate the advantages and disadvantages the separation of powers has brought to the US system of government. I will first assess the positive aspects of the US political system. I will then discuss the negative aspects of the US political system, finally drawing a conclusion. The ‘separation of powers is a central structural feature of the United States constitution’ 2. The US political system was designed first and foremost to prevent tyranny, something the founding fathers still feared even after America had gained...
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...conflicts between two individuals which lead to a court case, the lawyers for both the defendant and the complainant are allowed to interpret some laws that are oftentimes unclear and ambiguous in a manner that suit their arguments. The judges that presiding over the court cases are, thus, expected to have great discernment and an in-depth understanding of the US Constitution. This is so as to assess who, between the two lawyers, is right and, consequently, make a ruling that is as fair as possible. The Constitution of the United States of America is comprised of a set of legal decrees with different geneses. Some of the laws therein were passed by the American parliamentary body while others came to be as a result of the establishment by elected representatives in the different American states. In addition to these two sources of laws and constitutional interpretation, there are others that are also applied by judges. These include the natural law, the implications of alternate interpretations, as well as the text and structure of the American Constitution. As will be indicated in this paper, the manner by which the US Constitution is interpreted has undergone transformation over the years. This is a normal occurrence since public policies are always being altered, modified, changed or completely abandoned for fresh ones perceived to be more practical. The system, whereby the lawyers can interpret the various laws in a manner that will serve to help them win cases, has oftentimes been...
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...With reference to the source, outline two features of the UK constitution (5 marks) One feature would be that the UK constitution is uncodified which is a unwritten document where as in the majority of countries there is a codified constitution which is a single document an example of this would be the American constitution, drafted around 200 years ago, which is written down on a piece of paper and lays down the rights of American citizens and also the powers of her government. Another feature would be that the UK constitution derives from a number of sources one of them being statute law, law passed by government. The fact that our constitution is unwritten means that there is no system of formal checks and balances on the government but in reality there a number of powerful forces which means that a government is restricted in what they wish to do Assess the strengths of the UK constitution (25 marks) The UK constitution has many advantages too it but can also weigh our government down and doesn’t always benefit our society. One strength would be that the balance of power lies mostly in the executive branch. The Prime Minister can be very decisive and is able to make essential decisions this moves power to centralization, which is the movement of power to Westminster. An example of this would be when Thatcher refused to engage with growing cause for the devolution of powers to Scotland and Northern Ireland. This benefits...
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... The following DBQ is based upon the accompanying documents and your knowledge of the time period involved. This question tests your ability to work with historical documents. Your answer should be derived mainly from the documents, however, you may refer to historical facts, materials, and developments NOT mentioned in the documents. You should assess the reliability of the documents as historical sources where relevant to your answer. Check your school and community libraries for materials and also, surf the internet to help you find relevant outside information. QUESTION FOR ANALYSIS: In the period from 1815 to 1858, two giant 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...
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...system of Congress is to: ratify Presidential appointments and foreign treaties and tries the impeachment of a President. Filibusters also happen in the Senate. The President has the right to nominate individuals into positions throughout the government. From judges, administrative positions and secretaries in a range of agencies. Article two, Section two of the US Constitution gave the Senate the right to give consent to every nomination, as well as suggesting other nominees for those positions and the final vote to accept or decline the nomination. A nominee only needs a simple majority of votes for the position. An example of the Senate confirming an appointment would be the replacement of Supreme Court Justice, John Paul Sanders in 2010. Sanders was replaced by Elena Kagen. The vote was 63 to 37, 58 being Democrats and 5 being Republicans. The Senate alone has the right to give consent and advise to the President for all National Treaties.; once signed by the President, a treaty has to go to the Senate (the Senate Committee of Foreign Relations). The Senate will then assess the benefits of the treaty to the US and then come to a vote. 67 votes or two thirds of the 100 Senators are needed for the President to then move on with the ratification of the treaty. In December 2012 a vote was held to ratify a U.N. treaty on disabilities. The treaty promoted equal rights for disabled people around the world, yet the vote of the Senate fell short. 61 votes were in favour of passing...
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...Assess the significance of Federalism. The founding fathers had to make a compromise that would satisfy the 13 independent colonies, meanwhile providing a secure central base. This resulted in The United States government adopting federalism. Even though federalism isn’t mentioned in the constitution, the principles of federalism are mentioned in various articles. For example article 1 section 8 displays the power available to congress. It contains the ‘elastic clause’ that potentially gives the federal government so much power over the states. And the amendments provide a list of ‘can’t do’s’ for the states. For example states can’t enter into treaties with foreign powers. As the aspects of federalism is displayed in the codified constitution, signifies the importance for the US to collectively follow this system. However, Federalism is a method of government that also allows the states to maintain their sovereignty, without the fear of intervention of the central government, unless they violate or clash with the constitution. This is evident as each state has its own constitution and its own executive, legislature and judiciary all working within the limits set by the national constitution; executive; legislature and judiciary. An example of a state constitution that has relevant articles to its needs is Idaho. For instance in their constitutions article 16, section 1 the constitution talks of the need for the Idaho legislature to pass laws that protect livestock from disease...
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...slavery as an important part of the economy of southern colonies between l607 and l775? Compare the ways in which 2 of the following reflected tensions in colonial society/ bacon’s rebellion, pueblo revolt, salem witchcraft trials, stono rebellion To what extent had the colonists developed a sense of their identity and unity as Americans by the eve of the Revolution? Dbq Analyze the impact of the American Revolution on both slavery and the status of women in the period from l775-l800 Evaluate the extent to which the Articles of Confederation were effective in solving the problems that confronted the new nations Analyze the contributions of 2 of the following in helping establish a stable government after the adoption of the constitution/ John Adams, Thomas Jefferson, George Washington Although the power of the national government increased during the early republic, this development often faced serious opposition. Compare the motives and effectiveness of those opposed to the growing power of the national government in 2 of the following/ whiskey rebellion, Virginia and Kentucky resolutions, Hartford convention, nullification crisis To what extent was the election of l800 aptly named the revolution of l800? Respond with reference to 2 of the following areas/ economics, foreign policy,...
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...certain activities crimes) 2. Shaping moral standards (e.g., enacting laws that discourage drug and alcohol abuse) 3. Promoting social justice (e.g., enacting statutes that prohibit discrimination in employment) 4. Maintaining the status quo (e.g., passing laws preventing the forceful overthrow of the government) 5. Facilitating orderly change (e.g., passing statutes only after considerable study, debate, and public input) 6. Providing a basis for compromise (approximately 90 percent of all lawsuits are settled prior to trial) 7. Facilitating planning (e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks) 8. Maximizing individual freedom (e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution) What is Law? Definition A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Qualities of Good Law What qualities make for good law? Fairness Flexibility As time changes, our values and our thought of fairness changes so the law has to flexible enough to change with society Brown v. Board of Education (1954) U.S. Supreme Court Brown V. Board of Education (1954) Plessy v. Ferguson (1896) U.S. Supreme Court Separate but Equal $ Caucasian Students $...
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...Balanced Budget Amendment Throughout history, multiple attempts to improve America’s economy have been proposed as amendments to the Constitution. The economy of the United States is surely a huge ordeal to our citizens and policy makers. However, the national debt continues to increase without showing any signs of stopping or slowing down. One way the United States could combat this surge in debt would be to implement a federal budget in which all states must abide by. This concept has been approached many times in the past but there have been multiple issues with past-proposed amendments. Implementing an amendment that addresses these potential issues and works to balance a budget that does not exceed taxpayer money will greatly improve...
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...Weimar Republic, Germany lived a prosperous period known as the Second Reich, during which they became a great empire due to the authoritarian traditions and the military success. This is a view extremely supported by the “structuralists”, who believe that Nazism and Hitler were simply products of German history and that they were forces that still dominated during Weimar Germany, thus making it hard for Germany to develop stable and real democratic institutions. Body Paragraph 2 – Poor commitment to Weimar Republic The Weimar Republic 1919 was established in a period of chaos, after the monarchy abdicated, with Friedrich Ebert as the first president. This republic even had a very liberal and democratic Constitution;...
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...Inc., et. al.) Illustrations of Lifeblood Theory: a. Collection of taxes may not be enjoined by injunction. b. Taxes could not be the subject of compensation and set-off. c. A valid tax may result in destruction of the taxpayer's property. 2. Necessity Theory Existence of a government is a necessity and cannot continue without any means to pay for expenses. a. Marshall Dictum “ Power to tax is the power to destroy” – describes the unlimitedness of the power and the degree of vigor with which the taxing power may be employed in order to raise revenue. b. Oliver Wendell Holmes Dictum “Power to tax is not the power to destroy while this court (US Supreme Court) sits” – power to tax knows no limits except those expressly stated in the Constitution. Marshall and Holmes Dictums Reconciled: Although the power to tax is almost...
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...81. Bricker Amendment: This was an act named after a Congressman named John Bricker, who would consult the Constitution to assess the validity of any argument or idea being implemented. This limited presidential power to some extent in foreign power agreement. 82. John Foster Dulles: This was the man who designed the concept for massive retaliation and a huge “policy of boldness” that he would use to stop the Soviets from advancing so brutally. He was one of the best at his job, but he was only known as Eisenhower’s Secretary of State. 83. Preemptive strike: This is pretty self-explanatory in American history. This was an attacked that the US did before Iraq could build something that would be used against the US. 84. Hungarian Revolt: In 1956, Hungarian...
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...The current issue and full text archive of this journal is available at www.emeraldinsight.com/1756-6266.htm Situating the subject: gender and entrepreneurship in international contexts Fidelma Ashe University of Ulster, Newtownabbey, UK, and Gender and entrepreneurship 185 Lorna Treanor Royal Veterinary College, University of London, London, UK Abstract Purpose – The purpose of this paper is to offer a perspective to further the understanding of gender entrepreneurship. This paper considers the situatedness of the gendered entrepreneur within diverse international contexts marked by different constitutions of gender identities and networks of power, both within the context of contributions within this special issue but also more broadly within the field of gender and entrepreneurship research. Design/methodology/approach – The authors adopt a feminist perspective and analyse the different framings of identity within gender and entrepreneurship literature and their contributions to our understandings of the concepts of both power and gendered identities. Findings – The paper finds that power and identity are configured in different contexts in ways that open arenas for future analysis. Originality/value – The paper highlights the importance of considering masculinities within gender and entrepreneurship research offering support for further analyses of entrepreneurial masculinities by examining two studies that expose entrepreneurial masculinities as shifting subjectivities...
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...radicalized and economic inequality. The deceased youth’s uncle, Trevor Donaldson, is demanding a safe house set up for troubled aboriginal youth in Goldfields, Western Australia. The human rights issue which can be seen in the light of just these two unbiased media reports is how presence or absence of some core local services can change the direction in which the life takes the Aboriginals in this case. (2) Western Australia leads the Aboriginal suicide rates, with 35.8 per 100,000 Aboriginal populations, the major drivers for suicide among Aboriginals being disempowerment, poverty and racism. The Issue The bigger human rights issue that I see here is exclusion of Aboriginal and Torres Strait Islander peoples from Australia’s Constitution. The fact that, Aboriginal and Torres Strait Islander peoples are the oldest living civilization of the world, and despite having...
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