The United States was founded on constitutional political structure in an effort to force all members of the government to coexist equally. In this paper I will discuss the two features of the Constitution that are the cornerstone of our political system which are separation of powers, checks and balances, and federalism. The separation of powers was intended to separate the three branches of the government. Each branch of the government would have distinct powers that would not heavily influence the other. This was intended so that the government would not abuse the power entrusted to them by the people. By setting this system in place it enforced a system of checks and balances. Each of the three branches keeps the powers of the other …show more content…
This means that the United States government has powers and local and state governments have certain powers of their own that are not dictated by the federal government. Each state just as the federal government has three branches of government. The federal government is responsible for banking, trade, national policy and acts of war whereas states are allowed to create, enforce and interpret their own laws as long as they do not encroach upon the Constitution. A recent example of federalism was the legalization of marijuana in Colorado and Washington. A debate however is brewing due to the fact that there is a fine line between state and federal laws and how those laws will be enforced. It is federally illegal to have marijuana in your possession however in state such as Washington and Colorado you can legally purchase it. “The federal prohibition of marijuana was enacted when the Controlled Substances Act passed Congress in 1970” (Schlesinger). Due to the state law that past in Washington and Colorado the United States government must decide if it will enforce the federal statues on possession of marijuana. Some states believe the government should not interfere whereas other states believe that this is federalism as gone wild. These states believe that state and local laws should not supersede federal ones. But when should the federal government step in? Should our states be allowed to bypass federal law? Some people believe that if states legalize marijuana they should not receive federal funds. “The federal Controlled Substances Act classifies cannabis as a Schedule I substance alongside heroin and ecstasy -- drugs with no currently accepted medical use and a high potential for abuse." “But the federal Drug Enforcement Administration has largely left legal marijuana states alone”
Next, checks and balances is each branch of government can agree or disagree with something in other branch that keep the branch of government equally so no tyranny won't happen “(the three branches) should not be so far separated to have no constitutional control over each other”(Doc C). The legislative branch can approve presidential nominations, override president's veto and impeach the president and remove him or her from office for executive branch but for judicial branch, the senate confirms the president nomination, congress can impeach judges and remove office.The separation of power constantly prevents tyranny from happening by dividing power and each power check each other.The judicial branch can declare presidential acts unconstitutional for executive branch same as legislative branch. The check and Balance against tyranny because it let every branch check each other without putting power in one hand.
But how did each branch prevent each other from abusing that power? This is when checks
The system. This system allows all branches to check on each other to make sure no one branch abuses their power(s). Example, E on J; Appoint a Supreme Court Judge. (Doc B) Chart. Doc C does a good job of explaining this system using more detail. It gives the main checks each branch can do to the other branches. (Doc C) No branch will have to much power or abuse
Government is set up with systems in place to limit the power the three branches have. These systems prevent the leaders of one branch from taking control of the other two branches and possibly, the country as a whole. Theses systems make it so that all of the branches have to communicate with each other, and sometimes, prevent possibly bad choices from being made. The systems of Checks and Balances, Federalism, and the Bill of Rights all help the country, and limit power within the federal government. Federalism is the splitting of powers between State Government and National Government.
This system between the three branches, the Legislative, Executive, and Judicial, keeps one branch from becoming too powerful. Each branch is able to ¨check¨ the power of another in one way or another, in order to prevent bad decisions from being made or complications being created due to a single branch having an unlimited amount of power. For example, the President, or the head of the Executive branch, can check the legislative branch´s power to pass a law by vetoing it. This power extends to the Judicial branch, as well. If an unreasonable and unconstitutional law passes through the Legislative and Executive branches, the Supreme Court judges can determine it unconstitutional and prevent it from being established. This process is called ¨judicial review¨. Another example of checks and balances in action is if the President nominates a judge for the Supreme Court who is unfit and will not do a sufficient job on the court, then the Legislative branch can prevent that person from being appointed if they can deliver reasonable points. As James Madison put it, ¨...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…(The three branches) should not be so far separated as to have no constitutional control over each other¨ (Document A). The checks and balances system
Federalism is a word that seems to be thrown around very often to describe our government, but does one know what federalism really mean? According to Christine Barbour, and Gerald C. Wright’s book, Keeping The Republic, federalism is defined as a “political system in which authority is divided between different levels of government” (Barbour and Wright 75). In America, this division would be between the national and state level.
As a first generation immigrant from England and a mother of two, I am appalled by the news dissipating through my community in regards to a federalist government. A federalist government that is supposedly meant to be for the people, by the people, yet have we not learned from past experiences? Have we become so retrospectively blind that through pompous euphemisms, a few men have garnered enough power to convince us that central power and tyranny are the best methods of governing a large population of people?
To guard against the dangers of government, the Constitution put it trust in the checks and balances of a divided government. The Constitution divided power both horizontally (among the legislative, executive and judicial branches), and vertically (among the federal and state governments).
The United States government comprises of three principal branches which consists of the following, the legislative, the executive, and the judicial. The Judicial Branch is in Article Three of the United States Constitution. Article Three is the most limit part of the Constitution. The Judicial Branch surveys lower court choices, chooses constitutionality of laws, and chooses cases including debates between states. The judges are not elected by the general population like the President and individuals from Congress, they are designated by the President and afterward affirmed by the Senate. The principal body of the Judicial Branch is the Supreme Court. Alexander Hamilton stated in Federalist 78 that the judicial branch will always be the
Although the federal government has authority over the whole country, states have their particular rights, such as the ability to tax different
The United States government is made up of representatives from several braches. The structure of the U.S government was created to divide the power of each branch equally to ensure that no one branch would overrule the expectations of the other branches. The government of the United States is represented by the Executive branch lead by the President, Congress, and the Federal Court system. The President has the ability to influence the population through his actions, Congress can create new policies that may benefit the people under the supervision of the President, and the Federal Court System can determine the laws or actions of each branch and decide whether they are unconstitutional. The three branches of government have some similarities and difference in how they operate their organization, however I believe that the federal court is the most important branch because interprets whether the president and congress are acting accordingly to the constitution.
“American federalism was the embodiment of political tolerance and decentralization of – the expression of the liberal conviction that society can manage itself and needs no central plan,” said Llewellyn H. Rockwell. Federalism is the most important principle because it helps build a better foundation for a better government while also creating a division of powers. In this essay, I will be explaining what federalism is, how this newer type of government ideal has been incorporated into the U.S. and the advantages and disadvantages of federalism in the U.S. government.
State and federal law are in direct conflict in this situation and although the state will not take action against those that they have given the ability to sale and distribute marijuana for medical purposes but the problem that exists with this is that the federal law does not allow the sale of marijuana and they will take action against those that have state permission to establish one of these medical marijuana stores. At the federal level, marijuana remains classified as a Schedule I substance under the Controlled Substances Act, where Schedule I substances are considered to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense (NCSL, 2014).
The states have the power to change anything they want drinking age, tax, driving age, schooling but there are some things that they can’t do such as coining money, have external affairs, or declare war they are all powers that are left to the national government.
The use, sale and possession of marijuana is still illegal under federal law in the United States. However, it is allowed in 20 states and