...the national government is decentralized. The US Constitution divides the federal government into three branches - legislative, executive, and judicial. The legislative branch, consisting of the House of Representative and the Senate, make laws, the executive branch, consisting of the President, Vice President, and his cabinet, carry out the laws, and the judicial branch, consisting of the Supreme Court and other courts, evaluates the laws. Additionally, each branch has the power to change acts of the other branches. The President has the power to veto laws passed by congress, Congress can confirm or reject the president’s appointments and can remove the president from office, and the justices of the Supreme Court can overturn unconstitutional laws. The State government is modeled after the federal government and contains the same three branches; however, each state has their own constitution, which is often more detailed than the federal constitution. All powers not allotted to the federal government are reserved for the state governments. In the state government, the executive branch is lead by a governor. State representatives make up the legislative branch, while the state Supreme Court makes up the judicial branch. States have the authority to create laws that apply within their own borders; however, these laws cannot conflict with federal laws. The US...
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...fathers wished for us, that all people have the right to life, liberty and the pursuit of happiness. This paper will answer a handful of questions such as; what were the reasons our forefathers divided the government into the legislative, judicial, and executive branches? How are the three branches of the U.S. government supposed to interact? Is the system successful? Why or why not? Are the branches balanced in power? How was the conflict between supporters of a strong federal government and champions of states’ rights characterized then as opposed to now? How could things have been designed more efficiently, if at all? Our founding fathers divided the government into three separate branches was because they planned to implement a democratic government that would work to serve the citizens and not regulate them. In other words, the founding fathers wanted to devise an organization where no single individual or assembly would have too much authority. Basically they didn’t want one person to have too much power. The founding fathers saw how having one person with a lot of power was a bad idea, since this was the issue with the British king. The branches of the government are legislative, executive, and judicial branch. These three branches work...
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...The failure of the Articles of Confederation resulting in international weakness and domestic economic turmoil made the “Second Founding” necessary. Thus the framers sought to create a powerful national government but also sets limitations such as the separation of powers, federalism and included a Bill of Rights to guard against the possible misuse of that power. Therefore, the Constitution was more of a voice for the federal government as it established and executive which was the “energy” of the national government. Furthermore, it gave the national government the power to tax and regulate interstate commerce. Finally, a supremacy clause was added to Article VI of the Constitution. Therefore, the Constitution vested certain specific powers...
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...The Legislative, and the Executive branches didn’t want the judicial branch to have more power them. Power that the Supreme Court could have to review over the laws and to say if such law was unconstitutional....
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...The branch office was experiencing low morale and lower productivity than expected. One of the difficulties was that the office served as an informal training center for young managers. New hires who needed experience as loan officers or assistant branch managers were assigned here for training. When they reached a certain level of competence, they were promoted out of the branch office. This practice was demoralizing to the less mobile tellers and other assistants, who felt exploited and saw no personal reward in “training their boss.” After some checking with her boss and other people at corporate headquarters, Marsha concluded that it would be impossible to change this program. Her branch was one of those considered to be essential for executive development in Metro Bank. During her first few months on the job, Marsha got to know her employees quite well. She reviewed performance records and met with each employee in the branch to talk about the person’s career aspirations. She learned that many of her employees were quite capable and could do much more than they were presently doing. However, they had never seen themselves as “going anywhere” in the organization. Marsha searched for a unique vision for the branch office that would integrate the needs of her employees with the objectives of the executive development program, and in the process better serve the bank’s customers. She formulated the following strategic objective: “To be the branch that...
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...the past 237 years, the rights of the country’s citizens and the roles that all federal and state governmental bodies play were established. Articles I, II and III contain the multifaceted powers as well as the checks and balances for and between the legislative, executive and judicial branches. This paper examines the reasons and benefits of the three divisions in the government, the obstacles to creating legislation due to the division of power among the branches, and the conflict and issues between supporters of federal versus states rights were characterized at the nation’s birth and at present. When the American forefather divided the government they did it with our futures in mind, a government for the people. In order to make sure things are done correctly and fairly they decided to make three branches, the legislative branch is the House of Representatives which is the congress and also includes the senate which is used for law making decisions. Our forefathers made it this way so that each state had proper representation. The legislative branch receives thousands of bills ever two years and it is the legislative branches duties to make sure only necessary bills are entered into the house. The judicial branch is the Supreme Court and the only court established by the constitution to make sure our constitution is upheld to the highest standards. The Supreme Court is the only court that can make decision of national importance to our country. Our forefathers knew that...
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...national government is decentralized. The US Constitution divides the federal government into three branches - legislative, executive, and judicial. The legislative branch, consisting of the House of Representative and the Senate, make laws, the executive branch, consisting of the President, Vice President, and his cabinet, carry out the laws, and the judicial branch, consisting of the Supreme Court and other courts, evaluates the laws. Additionally, each branch has the power to change acts of the other branches. The President has the power to veto laws passed by congress, Congress can confirm or reject the president’s appointments and can remove the president from office, and the justices of the Supreme Court can overturn unconstitutional laws. The State government is modeled after the federal government and contains the same three branches; however, each state has their own constitution, which is often more detailed than the federal constitution. All powers not allotted to the federal government are reserved for the state governments. In the state government, the executive branch is lead by a governor. State representatives make up the legislative branch, while the state Supreme Court makes up the judicial branch. States have the authority to create laws that apply within their own borders; however, these laws cannot conflict with federal...
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...and punish those who violate the law by committing a crime. Crime known for an action that is consider as an offense that is punish by the law. There is no single cause of crime. If laws did not exist, crime will not exist. Society determines which acts are criminal acts by the consensus model and conflict model. The consensus model is when society determine if the crime is a criminal act by beliefs and values. The conflict model is when criminal acts are determine by political and economic views. In this essay, I will discuss the importance of the criminal justice system structure, components, and goals. The criminal justice system is similar to the social justice that concerns the violation of the criminal law. The structure of the government is broken down into three branches. The branches are legislature, judicial, and executive. The Legislature branches is made of both state and federal. The Legislature branch is the law making body of political unit, usually a national government that has power to enact, amend, and repeal public policy (Wikipedia 2015). The legislature branch also fix the sentence and provide the funding for the criminal justice agencies. The Judicial branch give the court power to evaluate the legislative acts and confirm if it is related to the constitution. The...
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...Conflict Analysis of the 2007 Post-election Violence in Kenya Mara J. Roberts * September, 2009 Abstract Kenya has been riddled with conflict and violence throughout its brief history as a nation. The 2007 post-election violence in Kenya, however, was of a different magnitude. In this paper, I perform an analysis of the conflict to examine why widespread violence erupted in the wake of Kibaki’s presidential reelection. I look at the history of the conflict, examine stakeholders, and employ a variety of conflict analysis tools in an attempt to get to the root of the cause of the conflict. Key Words: Kenya post-election violence, land dispute, tribal conflict, * Director of Conflict Recovery, New Dominion Philanthropy Metrics 1 “I don’t know whether Kibaki won the election” -Sam Kivuitu, Kenya Election Committee Chair, Jan 2, 2008 1. Introduction The carnage was horrific: 1,500 dead, 3,000 innocent women raped, and 300,000 people left internally displaced. Most of these atrocities happened in the first 14 days after the 2007 Kenyan general election. The severity of this conflict unfolded in a span of 59 days between Election Day, December 27th, 2007 to February 28th, 2008, when a political compromise was reached. The magnitude of the trauma and structural violence that took place in Kenya after the fourth multi-party general election took both Kenyans and the international community, alike, by surprise (Maupeu, 2008). In retrospect, the violence...
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...principles and regulations that are established to keep the people in some form of order. If the people stray from these regulations and principles, they may actually be committing a crime. Government Structure The criminal justice system is made up of agencies from the local, state, and federal levels. There are also three branches of government. These three branches of government include the Legislature, Judicial, and Executive branches. The legislative branch is responsible for making the laws. The judicial branch is responsible for determining if laws are constitutional and can also overturn prior rulings by other judges. The executive branch is responsible for signing and vetoing laws. A president is elected, by the people, to be the head of the executive branch every four years. Choice Theories Choice theories are explanations as to why crime is committed. These theories come in the form of eight general categories. These categories include classical, biological, psychological, psychobiological, sociological, social process, conflict, and emergent. Classical theory involves the individual’s exercise of his or her free will. Biological theory refers to genes that cause defiant, criminal behavior. Psychobiological theory refers to “human DNA, environmental contaminants, nutrition, hormones, physical trauma, and body chemistry (Schmalleger, 2011, p. 80). Psychological theory often involves the presence of mental illness. Sociological theory involves the disorganization...
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...Part 1 Study of the Law in General Chapter 1 LEARNING OBJECTIVES After reading this chapter, the learner should be able to: 1. Differentiate between public and private law. 2. Compare and contrast contract and tort law. 3. Compose a scenario that illustrates the difference between the substantive and procedural aspects of criminal law. 4. Identify and explain the differences between various sources of law. 5. Describe the branches of government and their roles in creating, administering, and enforcing law. 6. Explain the process of how a bill becomes a law. 7. List and describe quasi-legal requirements to which health-care organizations are subject. KEY CONCEPTS Common law Conflict of laws Constitution Contract law Deeming authority Electronic case filing systems Felonies 2 Law Misdemeanors Ordinances Private law Procedural law Public law Res judicata Separation of powers Stare decisis Statutes Substantive law Tort law Words of authority Workings of the American Legal System INTRODUCTION As health care becomes more complex, the interplay between the law and health care increases. Government regulation of the health-care field continues almost without pause while lawsuits against health-care providers appear to increase. The interplay of these forces significantly affects the health information manager’s ability to manage patient-specific health information. Thus, the health information manager must possess a fundamental...
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...by two levels of government. While the federal government controls military powers, declares war, prints money etc. the state governments are designed to handle less severe but still crucial situations such as, regulating interstate commerce, conduct elections, establish local governments, set up schools etc. Such a strong organized government has created fairness, structure and most importantly freedom as both the federal and state governments work within their means and support each other. The US Constitution divides the federal government into three branches, the legislative branch, executive branch and judicial branch. In doing so, it ensures a government in which no group gains more power then the other. The legislative branch creates the laws in which we abide by (congress), the executive branch i.e. the President, Vice President and their Cabinet, carries out the laws and the judicial branch evaluates the laws and declares them as constitutional or unconstitutional. In creating this balance, the framers of the Constitution hoped to form what they called "a more perfect union" — a government that would not only serve the people but would also be a...
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...The principle where the people are the decisive source of governing authority and decisions are made based on majority rules (Patterson, 2011). | Separation of Powers | The principle used for the allocation of power among the legislative, executive, and the judicial branches that outline the responsibilities of each branch. | Checks and Balances | A system of the government used to preserve a balance of power among the three branches of government so no one branch can over-power the other two. | In the United States, the federal government uses a system called checks and balances to ensure that the three branches of government are working equally and that no one branch becomes superior over the other two. The three branches that are based on the principle of separated institutions sharing power are the legislative, executive and judicial. Each branch has powers that it can use to check and balance the operations and power of the other two branches (Kelly, 2013, para. 1). What makes this system effective is that each branch must be willing to compromise to ensure the American people needs are put first and the safety and security of the nation is constantly being enforced. For instance in an attempt to limit the power that each branch could have over the other two, Congress which is divided into two houses provides a check on each other. The President can reject legislation, but he can be overruled by a two-thirds popular vote in both houses. The judiciary can lay out laws...
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...imposed on colonial America by the British (Trethan). Three Branches of Government With this thought in mind the founding Fathers of the United States came up with what Americans know now as the Federalist governing system. This Federalist government consists of the executive, the legislative, and the judicial. Each of these branches has its own distinct and essential duties to perform in the function of the United States government (Trethan). Executive Branch The executive branches of the United States government consist of the president, vice-president, and 15 cabinet level departments. These 15 cabinet level departments include the State, Defense, Interior, Transportation, and Education. The chief point of power is in the hands of the president. The president chooses his vice president, cabinet members, and appoints the Supreme Court Justices. The primary function of the executive branch is to ensure the laws are carried out, the constitution is followed, and that the day to day operations like collecting taxes, homeland security, and representing the United States political and economic interest around the world (Trethan). Legislative Branch The Legislative branch of the new Federalist based government consists of the House of Representatives and the Senate, which form the United States Congress. Article 1 of the Constitution grants the Congress...
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... It is also important to know what obstacles the division of power present for enactment of important legislation and how conflict has been characterized between supporters of a strong federal government and the supporters of state rights both in the past and now. The U.S. Constitution was written in 1787 by James Madison. This is considered the main law of the land. Any laws made for the country must agree with the Constitution. James Madison is the father of the constitution. Madison was the one that came up with the conspire that one branch could not have complete control. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether on or a few, or many, and whether hereditary, self-pronounced to very definition of tranny” (Spaeth & Segal 1999). This is when our three branches were born. In the Executive Branch we have our President, vice president, and all of the cabinet. Our president is allowed to make or laws, pass, or veto them. The legislative Branch has 435 representatives and 100 senators forming a party of 535 members of congress. This branch writes the laws and bills, then they sent out the law to the senator then to the representative and lastly to the president who can veto or sign it. The last branch is the Judicial Branch. This Branch explains and applies the laws. In any legal case this branch will do the hearing and eventually make a decision on the legal case. The court is responsible for the...
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