...Constitution protect one person or group from getting too much power? Tyranny means when one person or group has too much power and they don’t use it well. The Constitution guarded against tyranny in four ways; federalism, checks and balances, separation of powers, and small vs big states. Federalism guards against tyranny by distributing the power between the two governments. Federalism has given separate states power over the federal government. The state's government and federal government also share powers such as they can borrow money or...
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...4 key debates B) Specific terms of the articles (about the national govt.) • Unicameral legislature • No power to tax • No power to raise army • No executive branch (could make laws but not enforce them) • No judicial branch • Unanimous vote needed to change Articles C) General results of the Articles • Weak and incomplete national govt. • Economic chaos o States fund the war by borrowing money from federal govt. o Govt. wants the money back o Economy dries up and leads to a “trade war” with competing interest o States taxes their own citizens since they can’t borrow money o People (mostly farmers) lose their possessions and property since they can’t pay taxes o Damages the economy even more since farm family is out of work • No sufficient national defense o Enemy 1 the British o French and the Spanish also potential threats o Native Indian tribes also potential threat • States are left largely on their own (13 separate states, no unity) D) Shay’s Rebellion 4 Key debates 1. Representation of the states (large population vs. small population) o States might be equal but not for individuals o Creates a Bicameral Legislation (2 houses) 1. Senate 2. House of reps (representation based on population) which is known as “the great compromise” o Defensive compromise; better at not getting stuff done than getting stuff done. 2. Slavery (north vs. south) • In the constitution, Slavery is OK • Importation of slaves is allowed for at least 20 years (1808) ...
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...Concept of separation of powers first pops up in writing by Montesquieu in the 1750s, he proposed a constitutional government with three separate branches of government and all of the branches would have the ability to check the powers of the other branches. This had a big impact on the United States Constitution, where the Legislative , Executive and Judicial branches are kept under control by the other three branches to prevent abuse of power. Congress has the power to legislate in the United States and congress cannot delegate its lawmaking responsibilities to any other agency and there has been a number of supreme court cases in which congress has tried to delegate responsibilities to another branch of government such as the 1998 Clinton vs City of New York case. Congress also has the power to restrain the power of the executive in order to keep the executive in line and not have that branch abuse its power. The Executive power is in the power of the president and the president is “the Commander in Chief of the Army and Navy , Militia of several states when called into service” he has the power to make treaties and appointments “with advice and consent of the senate” receive ambassadors and public ministers and “take care that the laws be faithfully executed”, the constitution doesn’t need the president to enforce the law personally, the presidents subordinates can fulfil those duties instead. Congress although can by impeachment stop appointments to the executive and restrict...
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...Principles of the Constitution | Self-Government | The principle where the people are the decisive source of governing authority and decisions are made based on majority rules (Patterson, 2011). | Separation of Powers | The principle used for the allocation of power among the legislative, executive, and the judicial branches that outline the responsibilities of each branch. | Checks and Balances | A system of the government used to preserve a balance of power among the three branches of government so no one branch can over-power the other two. | In the United States, the federal government uses a system called checks and balances to ensure that the three branches of government are working equally and that no one branch becomes superior over the other two. The three branches that are based on the principle of separated institutions sharing power are the legislative, executive and judicial. Each branch has powers that it can use to check and balance the operations and power of the other two branches (Kelly, 2013, para. 1). What makes this system effective is that each branch must be willing to compromise to ensure the American people needs are put first and the safety and security of the nation is constantly being enforced. For instance in an attempt to limit the power that each branch could have over the other two, Congress which is divided into two houses provides a check on each other. The President can reject legislation, but he can be overruled by a two-thirds popular vote...
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...UOI v R. Gandhi/ Madras Bar Association v UOI, (2010) 2 Comp LJ 577 (SC). Author’s Name: Aditi Tambi Registration Number: 11A008 TABLE OF CONTENTS Introduction………………………………………………………………..2 Rule of Law…………………………………………………………………4 Separation of Power……………………………………………………….6 Development of Tribunalisation in India………………………………..8 UOI v R.Gandhi……………………………………………………………....10 * Facts………………………………………………………………....10 * Issues………………………………………………………………...12 * Contentions of Petitioner………………………………………….12 * Contentions of Respondent………………………………………...13 * Provisions of Law in Question……………………………………...13 * Judgment……………………………………………………………...15 Conclusion………………………………………………………..20 INTRODUCTION The author in the in this project will deal with the case for and against the Tribunalisation of company law in India. The following discussion culminates from the Constitutional Bench Judgment of the Supreme Court that upheld the establishment of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), in an appeal filed by the Union of India against a Madras High Court judgment. The case in discussion is Union of India v. R. Gandhi / Madras Bar Association v UOI. What was effectively held in the judgment was to uphold the legislative competence of the Parliament to create the NCLT and NCLAT. In the present case, upon recommendations of Eradi Committee, constituted to suggest measures to avoid unnecessary delay in litigation, Parliament...
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...Unit I - The Uneasy Constitutional Location of Agencies in the Executive Branch Unit One in a nutshell: Types of Agencies: - Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute...
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...1- INTRODUCTION: A Constitution consists of those fudamental rules which determine and distribute functions and powers amoung the various organs of the Government, as well as determine the relations of the governing authroties with the people. The Constitution of the U.S. sets forth the nation's fundamental laws and is the Supreme Law of the land. 2- SALIENT FEATURES OF U.S. CONSTITUTION: Following are the Salient features of U.S. Constitution. (I)WRITTEN: American Constitution is in written form. It is very brief Constitution, originally consisted of preamble and seven Article but now 26 amendments have been made in it. (II)ENACTED: U.S. Constitution is and enacted constitution given by the convention in Philadephia and officially adopted on March 4, 1789. (III)SOVERIGNTY OF THE PEOPLE: the preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts with the words. "We the people of the United States". Which clearly indicated the soverignty of the people. (IV)SUPREMACY OF CONSTITUTIONAL LAW: The Constitution of U.S. is the basic law of the country to quote Constitution itself. "This Constitution and the laws of the United States which shall be made in pursuance there of ............ shall be the Supreme Law of the land. (V)CONVENTIONS: Conventions played an important role in the development of the Constitution and they are also the basic featur of the U.S. Constitution e.g. the growth of the cabinet of the American President is the...
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...are not sufficient to manage this great new country of ours nationally. We believe that new form of government is needed contrary to the government as defined in Articles of Confederation. We Federalists believe that Articles of Confederation provide much powers to state governments and not sufficient to the National Government. National Government...
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...first written it was made to simply limit majority rule and give eqaul amount of power to the minority. The national goverment was originally built closely tied to citizens because of the House of Repesentatives. The House of Representatives was made to give citizens an equal say in the legislation of the United States. Unlike in the Senate, members of the House are elected by the people of the United States giving citizens a say in govenment affairs. One of the major aspects of the national goverment that is tied to citizens is the short term lenght and frequency of elections of people holding an office in the goverment. With the short term lenght and frequency of elections citizens are constantly contributing to what is going on in the nation by voting on who will be the best candidate for a certain office. A third reason the national goverment is closely tied to citizens is that the House of Representatives represents small member districts. This causes there to be close to equal say for everyone in a state to elect someone to represent thier ideas and views without on group of people having an uneqaul say. The United States Constitution was also made to limit the power of the majority . The first way this is done is though the separation of powers. The federal goverment is broken down into three main branches, the executive, legislative and judicial branch. Having these separation of powers allows for check and...
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...1. A. What is the role of congress in the policy making process? Congress is the designated lawmaking body of the federal government. Policies (laws) pass through congress via a long process. A member of congress will introduce a bill which is then referred to committee(s) in the Senate and House. The committee refines, approves, and sends the bill on to the Chamber of congress where it originated. The bill could also die in committee from lack of support. The House or Senate will vote on the bill and either approves it and sends it to the other chamber or it will die. The other chamber can approve, revise, or let the bill die. If both the House and Senate move a version of a bill forward, then a committee made up of both chambers come to agreement and send the bill back to the two chambers for a vote. The bill, if not approved, dies. If the chambers approve it, then it goes to the President to sign. If the President vetoes the bill, congress can override it if they have a two-thirds majority in both the House and in the Senate [ (Teitelbaum & Wilensky, 2007, pp. 13-18) ]. 1. B. What is the difference between mandatory and discretionary spending? “Mandatory spending programs are those where the federal government is obligated to provide funds for an expense” [ (Fay, 2008) ]. The allocation of this money is based on existing laws. Congress does not have to vote to approve spending the money each year, it will happen automatically. There are several examples of mandatory...
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...political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of the united states (1789-present) Events leading up to the US constitution * By the 18th century, two-tier system of governance had evolved – local colonial assemblies vs Parliament in Britain * Britain’s involvement in the seven years’ war cost money that they tried to recoup from the colonies * Sugar act (1764) * Stamp act (1765) * Colonists responded with...
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...prominent men of that time, failed and would lead to a state of anarchy. There was such a sense of urgency to amend it that there seemed to be an atmosphere of panic among many of our Founding Fathers. John Dickenson and fellow members of the 2nd Continental Congress, weary of monarchy rule, had created the Articles of Confederation as a listing of twelve specific Powers given Congress by which to govern. Legislation required nine votes to pass. Each state had only one vote and this was problematic to the larger states, as their problems, more often than not, were based on a larger population and it was not unusual that the smaller states didn’t understand or want to pay for the solutions. Some lesser acts did not require nine votes to pass, but simply a majority of those present. Acts of Significant Consequence did require nine votes. The trouble with all of this was that even if nine votes could be achieved, there was no enforcement of law to be implemented by Congress. Congress could make law but not enforce it. It could charge states for their share of national indebtedness, but lacked the power to collect. Congress could approve military provisions...but not raise an army without nine votes. Congress could borrow money on credit of The United States…but wasn’t allowed to raise its own revenue to repay the debt. It could appropriate money but would need nine votes to fund it. Congress could establish courts to piracy…but raising a Navy would take nine...
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...Articles of Confederation vs. Constitution http://www.123helpme.com/search.asp?text=American+History http://www.archives.gov/exhibits/charters/constitution_history.html There were many differences between the Articles of Confederation and the Constitution. At the end of the American Revolution the free states needed some sort of control that would generate to a unified country. Issues arose such as: How should power be divided between local and national governments? How should laws be made, and by whom? Who should be authorized to govern those laws? How could the government be designed to protect the unalienable individual rights? Their first attempt at solving this issue was the Articles of Confederation, which was a failure for the most part, but not completely. After the failure of the articles, the state delegates tried to revise the articles, but instead, constructed the Constitution. There were so many changes made and very little remained the same. The thirteen states formed a Confederation referred to as the “league of friendship” in order to find a solution for common problems such as foreign affairs.The Articles of Confederation was the nation’s first Constitution. The articles created a loose Confederation of independent states that gave limited powers to the central government. Each state would have one vote in the house of Congress, no matter the size of the population. Members of the one-house Congress, such as Pennsylvania, agreed that the new government...
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...giving too much power to the Supreme Court, some provisions being outdated and the amendment process being too difficult in modern context. The two contrasting views can be summed up in the following quotes. William Gladstone quipped that the constitution was “the most wonderful work ever struck off by the brain and purpose of man” while Ruth Bader Ginsburg stated “I would not look at the US constitution if I was drafting a constitution in the year 2012”. One argument that supports the view that a constitution written in the eighteenth century does not work in the twenty first century is the US constitution handing too much power to the Supreme Court. The Supreme Court has made several controversial and contentious decisions which arguably have weak constitutional foundation in cases such as Citizens United 2010 and Roe vs. Wade in 1973. Because there is no appeals process, these decisions cannot be challenged. There is an amendment process that could overturn these decisions but this is difficult to achieve in modern circumstances. The Supreme Court is an unelected body that is given too much power and can make decisions at the expense of elected representatives with mandates. This agrees that constitution written in the eighteenth century does not work in the twenty first century because it gives too much power to an unelected body. Because the UK has a uncodified constitution, this is not the case. The UK government can withdraw the Supreme Court’s powers by revoking the Constitutional...
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...Presidential Power Congress holds all power to declare war, however the president is the commander and chief of the armed forces. This is where as a country we run into problems with the president over stepping his boundaries in some areas. When a president sends troops they are only allowed to be deployed for ninety days before war must be declared. The framers of the constitution meant by Article II, Section 2 that once war has been declared the president’s responsibility as commander in chief is to direct war. This clause has been interpreted that the president has the power to act with free hand in foreign affairs or can send troops to battle without consulting Congress. There have been many instances where presidents have sent troops without consent of Congress. President Truman sent American troops to the war in Korea without requesting authorization from Congress, Clinton sent forces to Bosnia to support NATO operations against the Serbian aggression, and President Obama led a missile strike in Syria . Some criticize these president’s decisions but others feel that they acted with the country’s best interests in mind. In June 1950 President Truman sent U.S. troops to Korea without congressional authority. This still today stands as the most important precedent for the use of military force without approval. Truman believes since he is the commander in chief that he has the authority to send troops to Korea without authorization. No president had ever launched anything...
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