preview

The Three Components Of Madisonian Democracy

Decent Essays

Yanisleydis Saldo PA 212 Midterm Exam 1. a) The three components of the Madisonian Democracy are as follow: Component I: Separation of Powers (3 branches). Component II: Federal and State governments (Federalism). Component III: Individual rights through courts (Bill of Rights). b) The US Constitution incorporates the three components by creating three branches of government. Judicial branch, (the courts which interprets the law). Executive branch, (the President who enforces the law) and Legislative branch, (Congress which makes and enacts the law). Another way is through separation of power under Federalism which divides power into two governments national and state. And lastly by giving citizens individual rights through a federal …show more content…

Approves presidential appointments for judges and justices. d) The Executive branch has the following check over the Judicial branch. President appoints federal judges and needs approval of Congress. 3. a) The three different levels of federal courts system are US District Court, US Court of Appeals and US Supreme Court. b) A case starts at the U.S District Courts, the jurisdiction is limited to only certain cases federal questions and diversity. The U.S Circuit Court of Appeals resides over cases in where one or both parties are dissatisfied with the judgment in U.S District Court, and the court of last resort U.S Supreme Court by petition of writ of certiorari, very few cases are heard and approval or denial of writ does not have any bearing on lower court’s decision. c) Federal courts hear cases of federal Question, cases involving the US Constitution, federal law and treaty. Also Diversity cases where plaintiffs and defendants are from different states and claims for damages over 75000.00. …show more content…

b) One advantage of Federalism is that allows citizens to participate in government, through elections for governors, state senators, state representatives and state judges. (Needs of locals better served). c) I believe the Tenth Amendment means that any power that the constitution does not give to the U.S government belongs to the states and the people, excluding the powers that the constitution says the states can not have. Some areas in which state normally have power are issues related to family law, marriage, divorce, adoption, schools, business and corporations, crime and traffic. d) Citizens benefit from the Tenth Amendment because gives them the opportunity to participate in government through elections. Also permits states to exerts its sovereignty by passing laws using police power to protect the health, safety and welfare of citizens. 5. a) Congress gets its Commerce Clause power from Article I, Section 8 of the US Constitution. b) Commerce is defined as commercial activity including transportation, traffic, trade and transmissions of such things as electricity, telephones, radios, faxes and

Get Access