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
Federalism splits the powers between the state and federal government. They also share powers like taxing, making laws, enforcing laws, setting up courts, and borrowing money. This lets the states take care of
The federal courts have power to decide only those cases over which the Constitution gives them authority. These courts are located principally in the larger cities. Only carefully selected types of cases may be heard in the federal courts.
The 10th amendment of the United States constitution should have contained specific powers that are within the states. However, there is not an explicit example of the powers that given to the states. Whether the powers were changed, eliminated, or remained the same throughout the years, there should be at least some form of documentation as to what the states are allowed to do and with or without permission from the federal government. These powers of the states are actually the rights of the states that are supposed to be protected by the constitution.
The founding fathers of the American Constitution divided the government up into the following three branches to prevent the majority from ruling with an iron fist; legislative, judicial, and executive. The three braches were created by the Constitution: Article 1, Legislative branch made up of the House and the Senate, collectively known as Congress; Article 2, Executive
The U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are governed by Article III of the US Constitution. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. Often times than not the two
There are three branches of the federal government, the executive, the judicial, and the legislative. The executive branch consists of such people as the president, the cabinet, and the executive offices of the president. The executive branch is known for enforcing laws created by the legislative branch. The judicial branch entails the United States Supreme Court and the Federal Judiciary. The judicial branch must review the laws the executive branch is to enforce. There is also the legislative branch. This branch contains the United States House of Representatives, the United States Senate, and the Library of Congress. Laws are created through the legislative branch.
Basically, there are two types of federal courts: constitutional and legislative. Constitutional courts are presided over by the Supreme Court and
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To
There are 94 different federal trial courts call District Courts. The role of these district courts are to hear civil and criminal cases. Those district courts are broken down into 12 different regional circuits, each of the 12 regional circuits have their own court of appeals. These court of appeals deals with appeals within their circuit. Those appeals are then heard and their fate is then decided based on the record that was given before the District Court. All the cases that involve juvenile issues, child custody and Dupree cases, inheritance/probate cases, real estate, as well as most cases that involve criminal prosecution, personal injury cases, disputes and contracts, as well as public health cases. Each state handle local laws, has its own police, and court system. Each court system has its own Supreme Court which is known as the court of last resort. Local crimes in cases go before their local courts and from there it's it is decided whether or not the case goes before the state, supreme, or federal court.
The Tenth Amendment protects Americans from intrusive federal government action, The federal government only has powers listed in the constitution. Sometimes the federal government may try to do whatever they want, but do not consider the state powers. Federal government must follow the constitution thoroughly because they are only specifically reserved to that.
Lastly we move to federal government this is one in which the powers of government is divided between a central government and several local governments. There is a authority superior to both the central and local governments which makes this division of powers on a geographic basis; That division cannot be changed by either the local or national level acting alone. Both levels of government act directly on the people through their own sets of laws, the officials, and agencies. In the United States, for example the National Government has certain powers and the 50 states have others. This division of powers is set out in the Constitution of the United States.
The American legal system consists of two separate levels of court, defined as federalism, which together administer and enforce the laws in the United States. Federalism distributes the government powers between both the federal governments and the state governments, which ensures that the power of the national government is decentralized.
In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches.
The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant