Spirit Of The Laws Montesquieu Analysis

The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power

“Congress has a portion of the war power because the members of Congress come from the several states and have close ties to all the people. The idea was that by splitting up the war power, the country would not go to war unless both constituencies – meaning the whole country – supported war.”("Understanding the Constitution of the United States"). Only way for a war to happen is if congress deems it reasonable, subordinating the executive branch.

As America began its journey establishing a large nation-state, the colonies within it were harboring ideals that would be seen as unwielding and downright crazy in present day society. The Puritan society was one that practiced religion in extreme measures, where they viewed the smallest action against “God’s wishes” to be punishable by exile or death. The Puritan society was one of extreme rigidity and structure, as it stifled individualism and expression in order to keep their religious beliefs “pure” and “unchanging”. Nathaniel Hawthorne examined the Puritan beliefs in his novel The Scarlet Letter. In this novel, Hawthorne displays the innate nature of Hester Prynne and glorifies her beauty as a symbol of strong individual conscience and morality. He exhibits the misguided morality that lies within society and how it can forcefully alter the personalities of people living there, unless they hold true to their true morals.

The president has the power to choose who the judges, ambassadors and other important officials are. The legislative branch has the power to institute new courts, authority to impeach (if the president has committed a crime), and approve Judicial appointments made by President on Judicial Branch.

The power that the legislative branch holds over the judicial branch is that even though the president gets to pick the judge, the legislative branch gets to approve the judge. And like with the president the legislative branch/ congress also has the power to impeach the judges.

Decisions that presidents had made previously with little congressional participation. Under Article I, Section 8, of the Constitution in the Government of the United States, or in any Department or Officer thereof. Congress is granted responsibility for caring out their powers as well as all other powers in the Constitution. This gives them the constitutional right to establish certain procedural implements for war proceedings. Thus, the central purpose of the War Powers Resolutions to restrain the president from unilaterally deploying U.S. Armed Forces. Constant with this intent, legislation imposed the president to report and consult with congress. More notably, it provides congressional supervision by permitting congress to force troop

During the Enlightenment it was thought political power should be divided between different classes and the laws of a government should not urge any man or women to rebel. The philosopher Montesquieu thought to in order to avoid tyrant, you needed to not have laws and rules that restrain the people too much.“A government may be constituted, as no man shall be compelled to do things at which the law does not oblige him.” In society today, our laws are made and enforced so no one should feel confined but also people feel safe and protected. Montesquieu also thought that the way to prevent abuse was to separate governmental

Each of the three branches is controlled by the other two in several ways. The president can veto a law which was passed by Congress, yet Congress can override the veto with a two-thirds vote of both houses. Members of the Supreme Court, which are appointed by the president and approved by Congress, can declare a law passed by Congress is unconstitutional. The U.S. Constitution, Article 1 Section 1, states that the legislative branch be created from two separate bodies: a House of Representatives and a Senate, together is known as Congress.

Congress and the president use their powers to check and balance each other. One power of Congress is the ability to declare war. However, Congress generally gives the president control during war time. Because of this, the president is able to acquire more power over the war while Congress can do little if they have already given their approval. After the Vietnam War, in which Presidents Johnson and Nixon continued to wage despite a divided Congress[i]; they decided that the Constitution did not warrant the president to have the power to declare war, so they passed the War

The Third Article of the United States Constitution set up the Judicial Branch. Section One of the Article set up the Judicial Branch with “one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It also stated that the judges in the Court can only hold office in good behavior with a compensation that is unchanging at anytime in the Court. During their time in office, that is. The Second Section of the Constitution brings to mention the fact that the power that the Judicial Branch has goes to anyone. All cases brought under the Constitution of the United States of America are seen in Court. It also talks about criminal cases having a trial by jury. This not including impeachment trials. The

The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion, speech, writing and publishing, peaceful assembly, and the freedom to raise grievances with the Government. In addition, amendment requires that there be a separation maintained between church and state.

The Supreme Court, which is often referred to as the Court of last resort,” is the highest court within our court system. Only an original ruling by the Supreme Court can change a pre-existing one. They have the authority to decide appeals on all cases taken to federal court or those that have been brought to a state court that handles federal law. Once one of the circuit courts have made a decision on a case, all parties involved in the case can choose to appeal their case to the US Supreme Court. The Supreme Court can decide whether or not to hear a case as where the circuit courts can not . The parties involved in the case are required to petition the court. If the petition is granted, the circuit courts will take briefings and hear arguments. If the petition is not granted, the lower court's judgment stands. The Supreme Court has original jurisdiction in a case. The Supreme Court oversees many types of cases such as most cases involving federal laws or regulations, international and interstate commerce, and cases involving commodaties and securities, to name a few. Where a case was filed depends on the avennue it would take in order to reach the Supreme Court. A Case can start in either the Superior Court or District Court. Cases wouls start in the district court if they involve

The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.

The supreme court is the highest, most important court in the United States and the titles of the men and women who serve on the high court are associate justices. There are over nine judges who are on the supreme court, eight are associate justices and one is the chief justice. They are all appointed by the presidet but they are approved by the senate. The term of office for the nine judges who serve for the high court is for life. There are over 91 district courts, which are the lowest courts, and 12 appellate courts. Three courts that are part of the federal judicial system are the Court of Military Appeals, United States Claims Court, and United States Tax Court. The nine type of cases the Supreme court and federal courts have jurisdiction over are the constitution, federal laws, treaties, law governing ships, the United States government itself, ambassadors or public ministers, two or more state governents, citizens od different states and a state or its citizens versus a foreign country or foreign citizen. The process of checking the laws of our land is called the judicial review. When the supreme court declares a law unconstitutional, it means that the law goes against the constitution of the United States. In order for a person to be convicted of treason two witnessess must testify, telling the exact same story and/or the accused must confess in a

(Thomas Jefferson 59) He means by this that if too much power is given to one branch of government that they will abuse the power and they will be corrupt with the power if given too much. The checks and balances are set in place to prevent this from happening and keep the people safe from a dictatorship being formed by the