...Articles I and III of the United States Constitution defined the powers of both Congress and the Supreme Court.In addition, Marshall’s court cases further supported their significant roles, which impacted many cases greatly. In “Marbury v. Madison,” Seeing that John Marshall, who was a federalist, could not side with Marbury, who was also a federalists, because it was not written in the constitution that he could. It would be illegal. He did what was constitutional and ruled in favor of Madison. The creation of a sovereign legislature implies an authority to pass laws to execute its given powers. This clause is nothing more than a declaration of the authority of Congress to make laws, to execute the powers expressly granted to it, and the other...
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...Government? If so, What Should be its Role Abstract The topic of government has always been a large area of conflict. In the following, I will discuss why we need a government and I believe we do need a government. First, do we need government and if so, what role should be its role? I began my paper by addressing these questions by looking at the United States Constitution. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” People are the ones working alongside government to carry out these mandates stated in this important document. Do We Need Government? If so, What Should be its Role Role of Government In responding to the questions Do we need government? If so, what should be its role?, my answer has to be yes. Thomas Paine’s quote, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.” (Paine, 1995) is as true today as it was during the Revolutionary War when he wrote it. In my opinion, we need government and the government needs us, so that Americans can continue to work together with government in harmony, to keep our country growing and developing. Our forefathers escaped to the New World, what is now the United States, so that they no longer had...
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...Federalist built the United States for America in to what the American people experience today and their main goal was to see America governed by the people and become a model for countries around the globe. American federalism is defined by the United States Constitution as a “fundamental aspect of American government, whereby the states are not merely regional representatives of the federal government, but are granted independent power and responsibilities” (USA, Constitution). However this definition is constantly changing and took a long bumpy road to get where it is today. The United States constitution was drafted on September 17th, 1787 and ratified on June 21st, 1788. The United States became a sovereign nation on July 4th, 1776 at the signing of the Declaration of Independence, but they needed a Constitution. The Articles of Confederation were drafted on November 7th, 1777 and ratified on March 1st, 1781. This document was signed by the thirteen original colonies that made up the United States of America and served as its first constitution. After becoming sovereign nation it became clear to many that the Articles of Confederation would not be able to hold a nation together. Under the Article of Confederation there was a unicameral legislative that provided no separation of power. The central government appeared to be too weak because under the Articles of Confederation most of the power was retained by the states. Congress had no power to tax therefore, they were unable...
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...The Constitution Party, also known as the US Taxpayers Party, is a conservative political party in the United States that asserts that the US is a Christian nation founded on the Bible and that US jurisprudence should be restored to what the party claims is its "Biblical foundations". The Constitution Party advocates a platform which reflects the Party's understanding of the principles set forth in the Declaration of Independence, the Constitution of the United States, the Bible, and the Bill of Rights. The party was founded as the "U.S. Taxpayers' Party" by Howard Philips in 1991, Phillips was the party's candidate in the 1992, 1996 and 2000 presidential elections. The party's official name was changed to The Constitution Party in 1999. The preamble of the Constitution Party platform "gratefully acknowledges the blessing of our Lord and Savior Jesus Christ as Creator, Preserver and Ruler of the Universe and of these United States," and supports the Constitutional provision in Article VI, Section 3 that "no religious test shall ever be required as a qualification to any office or public trust under the United States" and calls on all those who love liberty and value their inherent rights to join with them in the pursuit of their goals. The Constitution Party supports reducing the role of the United States federal government through cutting bureaucratic regulation, reducing spending, and replacing the income tax with a tariff-based revenue system supplemented by excise taxes...
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...The civil war and the inception of the US constitution played a critical and pivotal role in the reconstruction of the modern US society. From these events, it was possible for the United States to become a single state and a unified nation, which finally ended slavery and thus expanded the applicable ideals that led to the declaration of independence. Historians argue that the civil war remains to be a critical event in the United States history; this is because this war was able to end the animosity caused by the inevitable climax of conflicts and sectional tensions. This paper will discuss the evolution of the modern US society from the inception of the constitution through the civil war and reconstruction. United States constitution remains to be the oldest constitution in the world and since its inception in 1787; it has played a critical role in the development of the modern US society (Sammis, 1997). Historians argue that the United States constitution has helped in providing a remarkable degree of political stability in the US, a country known for its social diversity. According to law experts, since the inception of the US constitution it has been possible to silence matters that seem to be sensitive in regards to the modern way of living. Moreover, the US constitution enabled the sanctions of the slavery, which remained to be the cause of the animosity before the civil war. On the other hand, before the US civil war, the then US President Abraham Lincoln had began...
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...The Structure of the American Legal System I. The purpose of this paper is to describe the organization and structure of the American legal system by defining the roles of the federal and state governments as follows; The role of the federal government, the role of the state government, the shared roles of the federal and state government, the Supremacy Clause, and what happens when there is a direct conflict between federal and state laws. II. Role of the Federal Government Over two hundred years ago, our founders designed the United States to be governed under a system of federalism. The Cornell University Law School defines federalism is a system of government in which the same territory is controlled by two levels of government (2014). Specifically, in the U.S. the two levels of government are the federal or national level, and the individual state level. The creation of this system was deliberate as to eliminate the opportunity for any one person, and or branch of government, from having too much power over the country; consequently undermining the system of democracy as a whole. a. The national level of authority is known as the federal government, and has powers over the nation as a whole. The federal government is given express powers, of specific design, from the constitution itself. However, the branches of the federal government are also afforded the opportunity to interpret those powers in each circumstance that may arise, these are implied...
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...Week 6 Assignment 1: What Is Federalism? Federalism is the type of government where there is segment of different powers between a state government and the central government. The United States is a federalist government where the states have their own individual powers and authority that they are able to exercise and the federal government has its own circle of authority that it tends to exercise. The evolution of Federalism in the United States was a gradual event that had definitions of federal government being given in federalist 46 and 28 which gave definitions of a federalist government to the United States. As stated by James Madison one of the architects of the federal kind of government, “the state and national governments are in fact but different agents and trustees of the people, constituted with different powers." The purpose of such a kind of government was to protect the rights of the people in all its earnestness. The evolution of the United States can be seen over a specific time period. Between 1970 and 1930 the form of government was known as layer cake federalism or dual federalism. There were clear powers divided between the states and the centre and there was sovereignty given in equal measure to both. Between the years 1930 and 1960 the structure was known as Cooperative federalism or marble cake federalism where the state and the central government shared functions and collaborated on issues of national importance and priorities. The 1960s to 1980s were...
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...Federalism BobbieSue Watts Kaplan University The Structure of the Legal System – Federalism Within the United States, citizens are structured under two different governments, federal and state. Governments function under a principle called federalism. Federalism is a system of government in which people are regulated by both federal and state governments. (Banker, 2010, p. 16) Each government plays a role in the structure of the American legal system. Federal government has power over all fifty states, while state government only has the power within their own boundaries. The power of the state government can only make laws that doesn’t conflict with the federal government. Each government has their own organization that they follow that makes the American legal system. The federal government consists of three branches: legislative, judicial, and exective. Within our legal system each branch of government plays a distinctive role that doesn’t over power the other branches due to checks and balances. The legislative branch consists of congress which writes the laws. The judicial branch consists of the Supreme Court that interupts the laws. The exective branch is the president and the president’s cabinet that enforces the laws. (Banker, 2010, p. 22) The federal government is granted express and implied powers. Express powers are granted to congress and spelled out in the U.S. Constitution. Implied powers are regulated powers that are derived from the express powers. Congress has the...
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...important pillar of the British constitution, with Parliament Sovereignty being the other pillar. This is because the United Kingdom does not have a written constitution. “There are three conception stated by Dicey in accordance to the rule of law. First, no man is punishable or can be lawfully made to suffer in body or goods except a breach of law. This indicates the notion against arbitrariness. Second is that, no man is above the law. This shows that there must be equity upon every person in respect to the law. Lastly which is a general principle that courts are the determine factor of right of private person. This prove that common law courts represents the greatest protection for any individual rights.” According to Hilare Barnett, “the organs of the currently do not exercise the primary function of the others (minister do not have legislative power). It however the interrelation between the organs serves as a check and balance mechanism, where it allows the organs to scrutinize the function of the other.”This in turn uphold the first conception of Dicey, which is to prevent arbitrary use of power. As one of the check and balance mechanism stated by Hilare Barnett. One essential function of the judiciary is to protect citizen against unlawful acts of the executive. This is also in respect to Dicey third conception where courts protects the rights of an individual. The case of such protection was shown in the case of Entick v Carrington where the state could not claim...
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...Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected in the U.S. Constitution and why these are significant. The student is expected to: (B) evaluate how the federal government serves the purposes set forth in the Preamble to the U.S. Constitution; (C) analyze how the Federalist Papers such as Number 10, Number 39...
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...University of Phoenix Material Foundations of the U.S. Federal Government Worksheet Complete the chart below by identifying the three branches of government and their entities. |U.S. Constitution | |[pic] | | | | | | | |[pic] [pic] [pic] | | | | | | | | ...
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...Index 0% Similarity by Source Internet Sources: 0% Publications: 0% In this paper of the Bill of Rights and several amendments will be discuss, which is the First, Fourth, Fifth, Sixth, and Fourteenth. Also will discuss how the Bill of Rights evaluates different areas in security and the administration of justice. Such as challenges of law enforcement, roles of the courts, roles of the security, and recommendation. The main purpose of the Bill of Rights is to protect the freedoms and the rights of the American citizens. Also, so that every individual can worship wherever he or she feel comfortable without restrictions. If an individual born inside the country or outside the country his or her citizenship as an America and recognized as an America. American citizens protected from seizures and searches by law enforcement agencies unless there is a warrant presented. The warrant must be present before the seizure and search take place. The warrant will specify what and who will be search so that an individual privacy not invaded. The United States Constitution of the first amendment states Congress cannot make laws condensing the right for people the peacefully assemble, speech, the press, and religion (Bill of Rights). Chris Neefus wrote article that challenge the First Amendment. The title of that article was “Justice Breyer suggests that burning a Quran could be like shouting fire in a crowded theatre and not protected by First Amendment.” The...
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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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...APUSH 25 September 2015 Founding Fathers Paper George Washington, born in Virginia on February 22, 1732, played an extremely important role in the history of the United States. He was a planter and a slave holder, real estate land speculator, and Commander in Chief of the Continental Army. He also was very prominent in politics. He was present at the Virginia House of Burgesses from 1759-1774 and was present at the Constitutional Congress from 1774-1775 where he was elected to be the first president of the United States. He was and still is a truly remarkable man in society and is a symbolic face of the history of the United States. George Washington, after being convinced to attend the convention, was made the first president of the United States. He had a unanimous vote in his favor and began his first term. Washington’s position as president gave him great influence over the people of the United States. His decision to support the ratification of the constitution influenced many others to ratify, and among all of the precedents that were established in the new nation’s first eight years, the most important was the careful and thoughtful manner by which he acted in areas where the new Constitution was vague or silent. It was from the implications of what was written and, in some cases, not written in the Constitution that the role and power of the presidency was largely derived, and it was Washington’s actions that established precedents, many of which still guide...
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...two male student activists were denied a marriage license in the state of Minnesota. As a result, they “sued in the state court, claiming that to deny the marriage license would violate their Constitutional rights.” Thus began the long judicial history of same-sex marriage , as well as the conversation about the interpretation of Constitutional rights that runs parallel with it. This history has most recently culminated in the Obergefell v Hodges case, in which the Supreme Court legalized same-sex marriage across the entire nation. This paper begins with a brief glimpse at the history of the topic of same-sex marriage in the United States. The paper will then focus on the case of Obergefell v Hodges, and will specifically analyze the contentious role of the interpretation of the Constitution involved in the final decision. Cleary the Supreme Court, an extremely high authority in the United States, found that that the nationalizing of same-sex marriage was constitutional. However there were dissenting opinions that opposed the decision on the grounds that the Constitution specified that such rights were up to the state legislature. Lastly,...
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