Three Branches: Separate but Equal | Scholastic
Our federal government has three parts. They are the Executive, (President and about 5,, workers) Legislative (Senate and House of Representatives). In , leaders from each of the states gathered to write the United States Constitution. The Constitution sets out how our nation is governed. Understanding the balance and relationships among legislative and other relationships exist between branches of government, including impeachment of He asserted that, to most effectively promote liberty, these three powers must be.
The courts are the grounds through which conflicts are to be resolved and injustices either compensated or punished.
Three Branches: Separate but Equal
In these solemn corridors of justice civil and criminal proceedings are initiated and the process of establishing guilt or innocence cleverly and impartially established. The court is also charged with the important duty of interpreting the constitution and establishing whether certain statues are constitutional or not. The appointment of judges is however left to the hands of the executive on the confirmation of the legislature.
The judiciary is also charged with the duty to protect the rights and freedoms of the American citizens against the exploitation of both the executive and the legislature.
In this regard, the court is mandated to provide guidance and authority to the executive on the application of certain statutes that might infringe on the rights of the citizens. In this regard the court acts as the oversight authority on the excesses of the both the executive and the legislature by putting the interest of the citizens before all else.
There are those who feel that oversight over government branches should be left to the masses. However, such a claim becomes rather untenable since there are no clear mechanisms to identify breach of constitution since most people lack the technical expertise to interpret the constitution.
Separation of Powers
Furthermore, even when such a breach might be on the public domain there are no mechanisms for the public to stop legislation or the enforcement of the same. There fore, it becomes necessary to allow the court since it has been charged with matters pertaining to the administration of justice and the upholding of the constitution.
The court has the technical and legal mandate to interpret the constitution and therefore has the moral authority to rule on matters regarding the constitutionality of matters pertaining to changes or issues related to the constitution Coxe, Opponents of the judicial power of review would seem to be lost in the fallacious belief that the authority of the judiciary to review legislations enacted by congress and senate as an interference of the role of the legislature.
It can be argued if the status of other countries like the U K that bars courts from reviewing primary bills was to be taken into consideration that indeed the judiciary might have exceeded its jurisdiction. However, it is necessary and the constitution clearly stipulates that any law that is contrary to the constitution is null and void.
Therefore, it is simply logical that the judiciary in exercising its role of constitutional interpretation make rulings on the constitutionality of bills passed by the legislative wing of government. This is because law makers might if no oversight exists make laws that are in their favor even if they are in contravention of the constitution.
This is possible since the constitution might be subject to misinterpretation and due to its impartial nature, the judiciary can be trusted to enforce the provisions of constitution against the partisan interests of politicians. The status quo has not always been so since the various arms of government did not infringe on the operations of the other. The courts oversight on the constitutionality of legislations emanated from the ruling of the case, William Marbury v.
James Madison, secretary of state of the United States.
Branches of Government | jogglerwiki.info
However, it is clear that since the three branches serve as one government, they cannot function without relating and providing oversight to each other. This creates accountability and checks against power abuse which might disadvantage the very people they are sworn in to serve.
The legislator serves as an oversight against the executive and so the court must serve as and oversight on the legislature. Therefore, the present relation ship between the three branches is vital for the necessary functioning of the country and in the observance of the supremacy of our constitution. The state leaders sought to form a powerful, yet fair federal government that protected individual liberties.
This is accomplished through the system of checks and balances. This simply means that the governmental powers are divided between separate and independent structures. Each of these structures can check the work of the other structures. In doing so, the power is balanced between all of the structures. Through the first three Articles of the Constitution, the framers divided the new government into three parts. These three parts are known as the three branches of government.
They are the legislative branch, the executive branch and the judicial branch. Each branch is independent from the others, but each holds a similar amount of authority. The United States Congress leads the legislative branch. Congress includes both the House of Representatives and the Senate.
Generally speaking, Congress makes our laws. Laws are discussed, drafted and enacted through Congress. Together, the two houses of Congress have various important powers. Congress passes legislation, approves treaties, originates spending bills, impeaches federal officials, approves presidential nominations and appointments to federal positions, regulates trade and money and declares war. Our Congress is made up of delegates from each state.
Constitutional Centre - The Three Arms of Government
Senate consists of two senators from each state. These senators serve six-year terms.Montlanthe on question about separation of power between three arms of state
House of Representatives consists of representatives. Each state has at least one representative.