Principles of the Constitution: Popular Sovereignty - People are the source of the governments. Separation of Powers - Each of the three branches of government has its own responsibilities. Checks and Balances - Each branch of government holds some control over the other two branches. Limited Government - The constitution limits the actions of government by specifically listing powers it does and does not have. Republicanism - The people pick their political representatives. Federalism - In this government system, power…
. Judicial review is usually associated with the U.S Supreme Court and is processed by most state and federal courts of law in the United States. Judicial review also determines whether or not state statues and state executive acts are valid. Judicial review came to part in 1803 where the Marbury VS Madison case was going on it was the first time they ruled the congress unconstitutional. The exercise of judicial review is about the important rules of judicial self-restraint which also allows the burden of proof to be…
Many section of the Constitution have been debated and examined. One of the most interesting articles is Article V which details the process of ‘amending,’ or revising, the Constitution. There are two ways to go about the amending process. According to usconstitution.net, “the first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment.” Secondly, "Congress ... on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which ... shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States (Philip 26)." This procedure has never been used to amend the Constitution.…
The United States Constitution, the first constitution of its kind, was ratified on September 17, 1787, at the Constitutional Convention in Philadelphia. The Constitution gave Congress the power to tax and raise an army. The American federal government was established, and certain citizens’ rights were guaranteed, but implications within the document itself garnered hefty resistance. People claimed the Constitution would frame a successful government that the Articles of Confederation failed to do, but others said that the centralization of a federal government would provide an opportunity for it to use its powers immorally. Without a government, the nation might retreat to anarchy, but with a government, the rights of the people might be…
The formal amendment process was divided up by two processes for adopting proposed amendments. The first method was "by a two-thirds vote in both chambers of congress "(Schmidt P.48). This was basically a Super Majority form of voting for proposed amendments to the Constitution. The second method was by "a national convention that is called by Congress at the request of two-thirds of state legislatures""(Schmidt P.48). This method has never been used but basically…
The framers realized as times changed the Constitution would possibly have to change as well, so they included provisions for amending it, but they made it a multi-step process requiring majority support to ensure any future changes would reflect the true needs of the country and not just the desires or opinions of a select few. In addition to including an amendment process, the framers were certain to leave it open to some interpretation by future leaders. When drafting the Constitution, the framers knew they had to create a document that would give the government enough power to…
Judicial review gives the United States Supreme Court the power to review the legality of certain laws that were passed by the legislative branch (“Judicial Review”, n.d.). Using judicial review, the United States Supreme Court can determine the constitutionality of the particular law that was passed by Congress. If the United States Supreme Court finds that a law is unconstitutional, then that law is ineffective and cannot be enforced on the…
Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is one of several branches of government).…
The birth of a nation was sparked solely from the tyrany Great Britain showed towards the colonies in the years leading up to our nation declaring it's independence. Ten years later our Founding Fathers saw us heading in the same direction. A sense of that same tyrany could eventually be found in the formerly written Articles of Confederation; which was specifically created to erase the tyrany our nation's citizens had loathed for so long. To say that the Founding Fathers scrapped the Articles of Confederation solely for personal gain is leaving out so many variables. If I were a delegate to the Convention, and upon arriving I heard the reasoning for writing a new Constitution, yes I would've stayed. To truly answer this, one must objectively…
The process for amending the Constitution is broken down into two parts. The first part begins with proposing an amendment. Proposals are made by a representative in either the house or the senate. To pass an amendment you need to have two-thirds of the members in both houses voting. Another way to pass an amendment is by two-thirds of the state legislatures asking Congress for a convention to propose amendments. Through the process, the formal amendment process must occur in three-fourths of the state legislatures or a favorable vote in three-fourths of all of the states. The process looks this way because the…
There are six main principles in the constitution. The first one being Popular Sovereignty. This means that the people hold ultimate power in the government. The second one is Limited Government meaning that no government is all powerful. The government must pay the law. The third one is Separation of Powers meaning no one component of the government holds too much power. Powers are distributed among three different powers. The fourth one is Checks and Balances.…
The Constitution is made to be a flexible document that changes as the culture changes. But, making permanent changes to the Constitution, in the form of Amendments, has only happened 27 times. What is it about the Amendment process that makes permanent changes to the Constitution so difficult?…
Men and women have fought for the rights and the privileges that it ensures American citizens. However, the founding fathers were wise in seeing that with time things might need to change or be amended. The process of amending the constitution is so intricate that out of the over none thousand amendments proposed since its inception only twenty-seven have come to pass. Out of those twenty seven, ten of those amendments were nearly immediate and are known as “The Bill of Rights”. There are two ways to amend the Constitution. First, amendment can take place by a vote of two-thirds of both the House of Representatives and the Senate followed by a ratification of three-fourths of the various state legislatures or conventions in three-fourths of the states. That would mean that today 38 states would have to agree to the amendment. This is the most popular way to approach an amendment. Second, the Constitution might be amended by a Convention called for this purpose by two-thirds of the state legislatures, if the Convention's proposed amendments are later ratified by three-fourths of the state legislatures (or conventions in three-fourths of the states). With such tight restrictions on the process of amending the Constitution it has helped maintain the reverence of the purpose of the great…
-The Constitution combines a strong framework for government with flexibility. This combination makes it a living document. It keeps its basic nature, but it changing with the times.…
The Constitution of the United States of America is perhaps the greatest document of all time. It affects everyone in the United States, and because of it, the United States is different than other countries. It was written in 1787, and now is over two hundred years old, probably older than any people living in the United States now. However, it is still relevant to everyone in the United States today. Constitution helped solved many issues at the early ages of the country, and there are still many issues faced by the American society nowadays, one of them is equality. I will talk about this issue and how constitution address it in the paper.…