...Running Head: BRANCHES OF GOVERNMENT Branches of Government January 26, 2010 Abstract: The following paper will review the branches of government and their role within our Constitution and the reasoning behind the various branches to ensure the peoples of the United States of America are guaranteed specific rights. It will establish an understanding of the three branches of government that ensure the Constitution is upheld. These three governmental forces still govern the laws in the United States today. Introduction In creating the Constitution the forefathers of this nation designed a government with three distinctive elements that established responsibilities and upheld the Constitution. These men were dedicated to ensuring that each branch of government has a role in upholding the rights of the people. The three branches of government created are The Judicial Branch, The Executive Branch, and The Legislative Branch. In examining the creation of the branches of government it has become apparent and the following table will establish that these branches create a balance of power. The following table defines the interaction between the branches of government: Branches of Government | Legislative BranchSenate and House of Representatives | Judicial BranchSupreme Court | Executive BranchPresident and Cabinet | Duties and Responsibilities | Legislative branch creates laws and AmendmentsLegislative branch has the power over all the money spent; can create or...
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...Running head: WHAT WERE THE REASONS AMERICA’S FOREFATHERS DIVIDED THE GOVERNMENT INTO LEGISLATIVE, JUDICIAL, AND EXECUTIVE BRANCHES? 1 What were the reasons America’s forefathers divided the Government into legislative, judicial, and executive branches? Dorthea Johnson HIS/ 301 November 8, 2012 James Halm What were the reasons America’s forefathers divided the government Into legislative, judicial, and executive branches? The main reason our America’s forefathers divided our government into three branches was because they thought every man had the capacity to be corrupt, or was corrupt and they also wanted to avoid tyranny. Tyranny is defined as, having the capacity to be authoritarian or to just be authoritarian ruler. To separate powers...
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...The Executive Branch of the United States is mostly responsible for implementing, supporting and enforcing the laws made by the legislative branch and interpreted by the judicial branch. The executive branch works at both, the federal and state levels. The state level consists of governors and their affiliated staff members; whereas, the federal level is comprised of the President, the Vice President, appointed advisers, the Cabinet, plus a variety of departments and agencies.The primary power of the executive branch lies with the United States President. The President is responsible for implementing and enforcing the laws written by Congress and appoints the heads of the federal agencies, including the Cabinet. The Cabinet and independent federal agencies are responsible for the daily enforcement and administration of federal laws (Our Government, 2011). These executive departments and independent agencies have missions and responsibilities. First, there is the executive department known as the U. S. Department of Agriculture (USDA).The USDA develops and executes policies on farming, agriculture, and food. This department aims to meet the needs of farmers and ranchers; promoting agricultural trade and production; assuring food safety; protecting natural resources; fostering rural communities; and ending hunger within the United States and abroad (About USDA, 2011). The United States Secretary of Agriculture, Tom Vilsack, oversees this department and its seventeen executive...
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...Branches of Government Branches of Government America’s forefathers found it necessary to divide governmental power to ensure that history could not repeat itself; to protect the United States from being controlled by one ruler or a king. The forefathers established three branches of government to manage the enactment of important legislation. While diversity in political preference and views can create obstacles, it can also find compromising ground and come together for the greater good of the country. Law is a living thing, constantly changing as society evolves. The three branches of government: judicial, legislative, and executive were put into place to provide America with a solid foundation as a basis to grow from and expand on. When our forefathers wrote the constitution in 1787, they were very much aware that with time, came change, so in knowing this, the constitution was written in an open manner, allowing for changes to be made to the document as seen fit. The forefathers did not want to create another document such as the articles of confederation which had only one branch of government and many thought the Articles to be very weak. Our forefathers did not want to give just one government so much power; they wanted to ensure that the people’s liberty would always remain protected, and by creating the three branches, the power would be split up. Article One of the United States Constitution is Legislator, it describes the Congress, and the legislative branch of the...
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...The U. S. Constitution first three articles order for the power of the federal government division into three separate branches. They are legislative, executive and the judiciary branch. The separation of power grants each branch independence along with separate functions. The branches do not have the power to seize the function of another branch although the branches are interrelated. The cooperation of each is key in the branches running efficiently because they prevent each other from having too much power. This is simply called checks and balances. This occurs when the functions of one branch serves to contain and modify the power of another. Separation of Power The separation of powers is a political doctrine originating from Montesquieu, a French philosopher, in The Spirit of the Laws. Montesquieu was an advocate of the separation of power. His writings influenced the framers of the U.S. Constitution. The separation of power grants each branch a specific role. The lawmaking body, which is Congress, makes the laws. The executive branch, which is the president, actualizes the laws. The legal branch is the court framework that interprets the laws and decides lawful discussions. Checks and Balances Checks and balances provide restraints on the powers of the other two. The president has the power to sign the legislation, which makes it a law, or it can be vetoed. The president appoints judges but the Senate provides advice and consent. The courts have the power to interpret...
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...Judicial Control of Bureaucracy The judiciary branch of government is central to administrative law in the United States. “At the federal level, as so in many states, litigation remains a normal rather than extraordinary feature or the administrative process” (Rosenbloom, 2003). Agencies are often sued by individuals and entities that they regulate. Statues and administrative rules are enforced by an agencies use of litigation. In some instances, federal agencies are sued by each other i.e. United States Department of Defense v. Federal Labor Relations Authority (FLRA) which was the result of trying to enforce a petition to order requiring respondents to comply with FLRA order to cease and desist from committing unfair labor practices...
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...There are other functions or purposes of laws include: diplomacy; examination government power and endorsing private freedom; encouraging economic development during the course of free competition; helping community justice; and caring for the environment, without laws to manage the activities of a nation or businesses society would function in an ineffectively manner which would lead to ruin. “The term law has been defined in a variety of ways throughout recorded history. A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, p.4 ). It may seem that the functions of law can be somewhat straightforward; America’s legal system is in fact a complex system. The laws can be deciphered from in many different sources. They came from English legal policies from the early settlers of the U.S. colonies. Current law from the U. S. that controls industries and group or individual people is usually comes from the one or they may be combine the constitutional law, statutory law, common law, and administrative (regulatory) law at the federal, state, and local levels (Melvin, p.8 , 2011). Constitution law The constitution is the principal law; it is considered the essential ethics at both the state and federal echelon of government. The constitution is used to form the divisions of government; granting and declining certain...
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...The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System Cassandra Jones PA101 Kaplan University Instructor: Emily Ryan The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System In this paper I will be writing about the organization of the U. S court system. The jurisdiction limits of the federal courts and their requirements for filing in that jurisdiction. I will also talk about the Ohio federal and state court systems and the similarities and differences of how they do their jurisdiction. The U.S court system is made up of two different types of court systems; the federal and state court. The federal court is also made up of two different types of systems as well. The first federal court is Article III court and the second is the Article I court (United State Courts, 2010). The Article III court got their name because as stated by the U.S courts “they derive their power from Article III of the Constitution” (United State Courts, 2010). The Article III courts are as followed the U.S District Court, the U.S Circuit Court of Appeal, and the U.S court of International Trade. These court systems judges are appointed by the President of the U.S with advice and consent of the senate and hold office during good behavior(United States Courts, 2010). There are ninety-four districts in the U.S for the U.S District...
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...This is fundamentally important because studies have suggested that there is a direct correlation with the amount of time an individual serves as a justice, and how their ruling more away from a responsibility towards the constitution, and align with their personal agendas. This is problematic, as the average term continues to rise to 26.1 years. Carrington explained that the “The Founders could not foresee that increases in longevity would imperil the rotation in powerful office essential to representative government". Likewise, the founders of the constitution did not anticipate that current day SCOTUS members would gain near celebrity status. However, modern medicine has brought about modern judges, who seem very fond of their power. For example, William Douglas set a record, serving as a Supreme Court justice for 36 years. (Carrington 2006) He remained highly resistant to leaving his position, until he suffered from a stroke in 1975, and was forced to retire. It has become such a frequent occurrence, SCOTUS members will attempt to hold onto their position for as long as possible. Regrettably, the constitution lacks that guidelines necessary to set limitations for the members, aside from stating that the individual must be “in good...
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...where technology is changing the way we live, entertain, communicate, interact and more so than ever before the way we do business. The most effective way that companies are promoting and marketing their business today is by means of social media. Social media is a great way to drive repeated business and to attract new customers. Social networks, like Facebook, Twitter, LinkedIn, and Pinterest are the places where social interactions occur more rapidly. In this article we will examine one of the world’s largest and well known social media that is used worldwide to promote and market their business, Facebook. We will look at the more suitable ADR that can be used to address issues that may arise. We will further analyze how the federal government controls the consumer transactions. This paper will further examine the agency relationship for utilizing Facebook for advertising. In conclusion we will look at the overall use and effect of using Facebook as a marketing medium. As social media continues to change and grow, more and more businesses are realizing how powerful social media marketing can be to their growth and development. Since there are billions of people who use social media, connecting those users to your business offers limitless possibilities. It’s more important than ever to establish social media strategies. (Duermyer, 2013). Since each social networking outlet offers something...
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...directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an aircraft without a compass. In the words of Oguntade (JSC), the Constitution is the very foundation and structure upon which the existence of all organs of governance is hinged[2]. The arms of government have a valid constitutional legitimacy when they are not only recognised by a constitution but are duly regulated by the constitution in terms of the structure, scope of their powers and matters...
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... 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The Constitution’s Bill of Rights (Amendments One thru Ten, specifically One thru Eight). However, it must needs be stated that Judicial Review has thusly proven that interpretation can devolve, on occasion, upon the whims, or personal considerations of some Justices, instead of the preferred aspect of interpretation, which being that of just and impartial application of law to the query at...
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...and adapting their business to local markets and have the local population call McDonald’s their own versus an American product that has come to their country. This is one of the keys to the success that McDonald’s has mastered. Naturally, they have the resources, monetary and information power to enter foreign markets, however there are some attributes that Colombia has that must be taken in to consideration. Columbia is considered an emerging market in the world’s view and the best strategy for McDonald’s to enter their marketplace should be a intelligently strategic one. II. Columbia’s attributes to consider During the 16th century, Bogota was named the capital of Colombia; it was also during the late 1700’s that protests against the Spanish inhabitants started to occur. Dissatisfaction against rising taxes and slavery prompted the Colombian population to wage battles against the Spanish in the hopes of declaring independence from the Crown. Spain was fighting its own battles against Napoleon in Europe, but was able to take back the throne and...
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...crossed swords with PM Narendra Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she was transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired response from her. The Government has stated that the decision to advise the Presdient to sack Ms. Beniwal was taken after it came to light that she had misused the governor's office (in Gujarat) to make several unauthorized air travels, including to her home state of Rajasthan, at the expense of the state exchequer. Citing Gujarat Raj Bhavan records, the Government states that Ms. Beniwal flew out of Gujarat 63 times using the state aircraft between 2011 and 2014, with as many as 53 of these trips being to her home city of Jaipur. The Government also states that as chancellor of universities, she had allegedly started taking keen interest in appointment of vicechancellors. Ms. Beniwal denies these allegations and states that the sole motivation for her removal was political vendetta. She asks that the Court examine the decision to remove her through the prism of the uneasy relationship that she shared as Gujarat governor with Mr. Modi when he was chief minister. She states she had run-ins with Mr. Modi’s government over the appointment of the Lokayukta and other issues such as appointment of vice-chancellors and giving her assent to certain legislation. Ms. Beniwal claims that the President...
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...REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl...
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