...confine ourselves to the powers described in the Constitution, and the moment we pass it, we take an arbitrary stride towards a despotic Government." This statement by James Jackson illustrates the importance of a constitutional government. Constitutional governments are made up of many different provisions. One important provision is fundamental rights, or rights that cannot be taken away. These rights are given to all law abiding citizens for protection from the government. There are many but some of the fundamental rights include the freedom of speech, freedom of belief and religion, and the freedom of opinion and expression. Another provision is the rule of law. This means that everyone is held at the same level of accountability and no one is above or below the law. This helps to ensure the safety of the citizens and control the potentially excessive...
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...To What Extent Have Constitutional Reforms Since 1997 Reduced the Powers of the UK Government? (40 Marks) The UK government has a lot of power and is able to make and abolish laws. Human Rights Act 1998, Freedom of Information Act 2000 and devolution are examples of constitutional reforms that have in some ways decreased the power of the UK government. Devolution is where the supreme power (in this case Westminster) distributes some power to other regions. For example; the UK government decided to give devolved power to Scotland to form the Scottish Parliament, Northern Ireland to form The Northern Ireland Assembly and to Wales to form the Welsh Assembly. Scotland has statistically more devolved power than Wales or Northern Ireland as Scotland is able to decide the amount of tax that it demands off its citizens. Scotland is able to raise or lower the tax rate in Scotland by 3% which decreases UK government power over Scotland. On the contrary, the UK government does not have its power reduced. The UK government has the power to take away the devolved power that it has given to these regions. This has been previously conducted in the past with Northern Ireland in 1972 when Northern Ireland was stripped of its devolved power due to constant violence and lack of control that the Northern Ireland Assembly had over its people. Within the early years of Northern Irelands devotional power there was riots and verbal fights between politicians from unionist parties and nationalist/republican...
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...documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 Location Legislative Archives of the House of Representatives,...
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...Constitutionalism has a different meanings and one of them is that ; Constitutionalism refers to a system of government based on a constitution, a government which demonstrates adherence to the principles of the constitution. Constitutionalism can also be defined as a modern concept that desires a political order governed by laws and regulations. Within the concept of constitutionalism is the idea of limited, open, transparent and accountable government which must truly represent the will of the people and not simply smoke-screen the will of the people. Mwansa (2013:10),explains that it is a complex ideas, attitudes and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. Constitutionalism is there to tame wayward governments that see no limits to their powers or simply ignore such limits in the guise of pursuing a common or greater good. In a state that recognizes the importance of constitutionalism, the leaders are bound to observe both limitations of power and the procedures which are set out in the supreme constitutional law of the community. Constitutionalism ensures that governmental powers are limited beyond theory, and in practice. Constitutionalism goes beyond a good constitution and beyond constitutionality of governmental action or a country’s laws.Constitutionalism is a concept associated with the political theories of John Loce and the founders of the American republic and equated...
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...THE EXECUTIVE POWER 1- THE PRESIDENT OF THE REPUBLIC: Article 49 (As amended by the Constitutional Law of October 17, 1927, And by the constitutional law of may 8, 1929, And by the constitutional law of January 21, 1947 And by the constitutional law of September 21, 1990) The President of the Republic is the head of the state and the symbol of the nation's unity. He shall safeguard the constitution and Lebanon's independence, unity, and territorial integrity. The President shall preside over the Supreme Defense Council and be the Commander-in-Chief of the Armed Forces which fall under the authority of the Council of Ministers. The President of the Republic shall be elected by secret ballot and by a two thirds majority of the Chamber of Deputies. After a first ballot, an absolute majority shall be sufficient. The President's term is six years. He may not be re-elected until six years after the expiration of his last mandate. No one may be elected to the Presidency of the Republic unless he fulfills the conditions of eligibility for the Chamber of Deputies. It is also not possible to elect judges, Grade One civil servants, or their equivalents in all public institutions to the Presidency during their term or office or within two years following the date of their resignation and their effective cessation of service, or following retirement. Article 50 Upon assuming office, the President of the Republic shall take an oath of fidelity before the Parliament, to the Nation...
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...American Government Essay 8/17 Many different things have had an impact on the development of the United States. One of the U.S. biggest developments is its government. It has been brought up by different ideas and concepts in documents, like the Magna Carta or the English Bill of Rights, and people like Thomas Hobbes or John Locke. A few of the most influential concepts in the development of the U.S constitutional government is the freedom of the people, freedom to petition, and the separation of powers. The freedom of the people has been a key factor in the development of the U.S. constitutional. In this form of democracy, the people have the power. This was important to the development of the government because it gives people the hand in the way they want to live. They vote on who they choose to lead them, different laws they want to follow so they don’t feel like they are being controlled by the government or one appointed ruler. Another concept that was influential to the constitutional government of the U.S. is the freedom of petition. This is another way that the people have freedom. It was written in English Bill of Rights that that citizens had the right to petition the king without fear of arrest. It gives people the freedom of speech, to speak their mind without worrying about being arrested and prosecuted. When adding this to the constitutional government, it gave more power and freedom to the people. The separation of powers is the final key concept in the...
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...Constitutional Monarchy When you’re starting a government you want a strong but fair government that also makes the people in the country to have an option on how to run the country they live in. The reason why I choose a constitutional monarchy gives the people the rights of a democracy but is also has a royal family that doesn’t change and is the face of that country. There are a couple of changes that I would make to improve the way it is set up. There has to be ground rules for the type of government to be really effective. This government structure must have either a bill of rights or a constitution on what powers each person in this government will have and how much power the monarch will have. This system would allow the monarch to serve as head of its government and the monarch will represent the country. When you have a constitutional monarch the king and queen they would be the ones who travel to different countries and help with the relationship with other countries. They will have a more effect on other counties because they have more power than a secretary of state would because they represent the country instead of representing a president of a country who was elected. The Monarch would save money on election because the king or queen would be the ones to represent the country for life or until they can do the job and their succors would be a person in their family to carry on their legacy. The constitutional monarch will have elected officials to run the...
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...1. constitutionalism, constitutional supremacy and the rule of law 1. constitutionalism a. Constitution without constitutionalism? Keith E Whittington, constitutionalism [5] * Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with...
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...Compare and contrast the theories and practice of absolutism and constitutional monarchy during the 17th century. The seventeenth century saw the evolution of two new types of government mainly because of the instability that was caused by religious wars. One type of government was a constitutional monarchy in which rulers were confined to the laws of the state, giving the people some liberties, best exemplified by William and Mary during the Stuart monarchial rule. Constitutional monarchy was successful in mainly in England because of the Magna Carta, which kept the king’s power in check. The other type was absolute monarchy, in which the king has power over everything, shown by the French under Louis XIV. Although these two different types of monarchies had some similarities, ultimately the constitutional monarchies were more successful because they allowed civilians to have more freedoms in everyday life and made the government less prone to rebellion. Though the systems of government differed in monarchial power, there were many similarities. Both constitutional and absolute monarchies were headed by single rulers, which allowed for some sort of corruption through their power. Since they usually ruled for life, rulers were able to spend large sums of money for personal gain as shown by Louis XIV with his palace of Versailles. To be effective, monarchs had to find ways to control the treasury, maintain a standing army, control religious protests, and expand a...
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...Congress's Power to Regulate Commerce Bork, Robert H., Troy, Daniel E., Harvard Journal of Law & Public Policy The Congress shall have Power ... To regulate Commerce ... among the several States. --U.S. Constitution, Art. I, [section] 8, cl. 3 I. INTRODUCTION In the wake of the American Revolution, neither the Continental Congress nor the States acting on their own could respond effectively to the external and internal trade disputes that threatened the new country's prosperity and peace. "It may be doubted," wrote Chief Justice John Marshall, "whether any of the evils proceeding from the feebleness of the federal government, contributed more to that great [constitutional] revolution which introduced the [modern constitutional] system, than the deep and general conviction, that commerce ought to be regulated by Congress." (1) Accordingly, although the federal government was to be limited to exercising only enumerated powers, those powers included the power to regulate commerce, thus remedying this deficiency in the Articles of Confederation. Regrettably, but perhaps inevitably, "[t]he ink was not yet dry on the Constitution when its revision began." (2) Almost immediately, Congress began pressing beyond specifically enumerated powers granted it in Article I. As a result, today, Americans encounter a national government far more expansive than the Framers and men of their generation could ever have imagined. Despite this expansion of federal power, however...
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...framework within which the government works • Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution • The length and detail of the Texas Constitution make the amendment process central to the political process 2 The Role of a State Constitution • State constitutions perform a number of important functions – Establish political institutions and explain the source of their power and authority – Delegate powers to particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land – Necessary and proper clause: the federal government has all the authority it...
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...Chapter 3 Separation of Powers- giving distinct powers to Congress, the president, and the federal courts. Federal supremacy- cause federal statues to preempt inconsistent state law. Federal law is supreme to state law. Federalism- structures power relations between the federal government and the states. Judicial review-Courts declare the actions of other government bodies unconstitutional. Police power-broad state power to regulate for the public health, safety, morals, and welfare. Enumerated powers- (USC limits government regulatory powers in two ways). Restricts federal legislative authority by listing the powers that congress can exercise. Second, USC limits both state and federal power by placing certain independent checks in the path of each. Eminent domain- government formally condemns land through its power. Article I-Congress composed of a Senate and a House of representatives, gives a sole power to legislate at the federal level, and sets out rules for the enactment of legislation. (Section 8 when congress can make laws by stating its legislative powers…Three of those powers…The commerce, tax, and the spending powers. Section 7…president power to veto legislation passed by congress to override a veto by a two thirds vote of each house.) Article II-Gives president the executive power the power to execute or enforce the laws passed by congress. (Section 2…powers to command the nation’s armed forces and to make its treaties. ...
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...Nathaniel Sellis American & Wyo Government Dudley November 12, 2011 How Democratic is the American Constitution Summary Robert Dahl explains in the beginning of the book that he is not proposing changes in the American Constitution, but suggests changes in the way we think about our constitution. In this essay, I will explain the history of this American constitution, what Dahl suggests about the American Constitution, and my opinion about this book. In the history of the United States, there are two factors that mark its constitutional history. For one thing, the rights of citizens were organized through limits to power, linked to a libertarian conception of liberal viewpoint. For another, the original structure of the constitution is influenced by the fear of the "framers" to a popular majority government could oppress the rights acquired as Alexis de Tocqueville considered that the democratic government incorporated elements that endure to this undemocratic, preventing the formation of compromise. The result of this misunderstanding between democracy and fundamental rights did not allow equality. The author acknowledges the obstacles to achieving political equality are related to institutional distortion and sacred morals of citizenship to the constitutional system, which increase the distortion and hope, are two obstacles to any reform. The focus of their criticism revolves around the unequal representation in the Senate. The tension between the need and right...
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...| | | Marbury versus Madison Sarah McClam MARBURY VERSUS MADISON In the weeks after John Adams lost his bid for re-election to Thomas Jefferson in 1800, the Federalist Congress increased the number of circuit courts. Adams placed Federalist judges in these new positions. One of the justices of the peace, William Marbury, filed a writ of mandamus demanding Secretary of State James Madison deliver the appointments. The Supreme Court led by John Marshall denied the request citing part of the Judiciary Act of 1789 as unconstitutional. This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. The historic court case Marbury versus Madison accomplished this end thereby setting the precedent for numerous historic decisions in the future (Marbury verses Madison, 1803). On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall (who later became Chief Justice of the Supreme Court and author of this opinion), but they were not...
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...Americans did not like the Constitution because they felt that a strong federal government could take away people's rights. Therefore, most Americans wanted a bill of rights added onto the Constitution. Because the Constitution had already been written and placed into effect, the bill of rights could be added only by making amendments to the Constitution. At this time, the United States Congress made a list of the rights that would be amendments to the Constitution, giving us the Bill of Rights. 4. What is the process of incorporation? What guarantees in the Bill of Rights are not now covered by the 14th Amendment’s due process clause? The incorporation process is a legal act of creating a corporation. The only amendment in the Bill of Rights NOT covered by the 14th amendment's Due Process clause is the 2nd amendment. Most rights and limitations relating to guns are covered by state law. You will find very few laws limiting the sales and ownership of firearms 6. How do you think the United States might be different today if the Supreme Court had not applied the process of incorporation to the due process clause? Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. If that did not exist, we would not have rights, such as illegal search and seizure. Section 2: 2. Why does aid to parochial schools often pose a constitutional problem? As parochial schools are religious in nature, aid to them can...
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