Separation Of Powers In The Electoral College

The judicial review strengthens the constitutional principle of checks and balances. In the 1789 judiciary act and Judiciary act of 1801 had the right to allow the writs of mandamus. Meaning that they court should have power and including the fact that they are forced to do something. John Marshall weakened the power of the supreme court by getting rid of the power. However he did improve the branch by creating the judicial review.

Any bill that originates in the House must be ratified by 2/3’s of the Senate. Each State is represented within the Senate by two-senators. This was the result of a compromise between the larger and smaller states. The House is dominated by the larger states which have more representatives due to their larger population. Initially the Senate was selected by State Legislators; this has since changed to the selection process we have today by popular vote.

The separation of powers help by having the legislative, executive, and judicial branch separated. Separation of power guarded against tyranny by separating them so the don’t join forces and gain to much power and change america. A third protection against tyranny was checks and balances which means to stop one branch from becoming too powerful. Checks and balances helped guard against tyranny by having them check each other and help each other if something goes wrong like how the executive can veto the law that the legislative makes.

Accordingly, Judicial Review was born, it is the power of the courts to review laws, treaties, policies or executive orders relevant to cases before the court and overturn those that are found unconstitutional. However, some people thought the judicial review gives the Judicial branch unlimited power to do things that against the citizens since they are the las process of making laws, other court cannot overrule them. Also they have a whole life term being judge made them so independent from other branches. Due to its power of judicial review, it plays an essential role to make sure that each branch of government check and balance the limits of its own power. Also, Judicial review also protects civil rights and liberties by striking down laws that violate the

To protect the rights that the judiciary must be given the power of judicial review to declare as null and void laws that it deems unconstitutional. People of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. Hamilton argues that both branches are inferior to the power of the people and that the judiciary's role is to ensure that the legislature remains a servant of the Constitution and the people who created it, not a master. Even though judicial review is not explicitly mentioned in the constitution.

“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State.

The Electoral College is a method that was established by the Founding Fathers of the United States within the Constitution. The Electoral College has been the subject of more proposed amendments than any other provision of the U.S. Constitution (Richie and Levien 353). The Founding Fathers did not intend for the Electoral College to be a perfect democratic system, but James Madison, strongly opposed winner-take-all laws. The Electoral College is a vital part of Federalism, which is the foundation of the system of government and without it no candidate would be likely to receive a majority (Bond and Smith 343-352). Though, there are many downfalls to the Electoral College.

The Electoral College When the Founding Fathers congregated and drafted the government of the newly-formed America, they wanted a system that would not produce a tyrant, but could also produce a strong executive that would lead and consider the people. They created a system in which power could be checked and with hope, incorruptible. Distributing political power into the Legislative, Judicial, and Executive branches, and an elaborate process to elect leaders in each, the American Constitution was a document revolutionary in its conception. There are irrefutable strengths of the Constitution, just as there are undeniable weaknesses, however both are huge influences on the shaping of our modern political arena. As discussed in this paper,

However, since this method of election is not completely reliant on the popular vote, it is possible for a candidate to become a minority president: a president who only received a majority of electoral votes (and not of the popular vote). Thus, the question arises whether the Electoral College is an appropriate method of selecting a president. After further analysis, it becomes clear that the Electoral College is not a proper mechanism for electing the president.

Describe and explain the united state college system in counting electoral votes In United States of American the president is elected for a four year term and may be reelected only once. The bicameral congress consists of the 100 member senate, elected to a six year term with one third of the seats becoming vacant every two years, and the 435 member house of representatives, elected every two years and the minimum voting age is 18. Also the United States, officially known as the United States of America, abbreviated u.s or u.s.a byname America, country in North America, a federal republic of 50 state besides the 48 conterminous states that occupy the middle latitudes of the continent.

James Madison wrote Federalist 51 over 200 years ago, yet its words still impact today’s government in 2016. When writing Federalist 51, Madison had two main objectives in mind; he wanted a government with a separation of powers, and he also wanted minorities to be protected. Both of his objectives have been accomplished and continue to be present in today’s American government with the latter objective being more present in today’s government even more so than in the past. To begin with, power is separated in today’s government, preventing a single person or group from having absolute power since, “Power tends to corrupt, and absolute power corrupts absolutely,” according to John Dalberg-Acton. The American government is composed of three branches which power is separated amongst.

The United States Senate, established under Article I of the U.S. Constitution, must have two Senators appointed from every state regardless of the population of the state. Much like the House of Representatives,

Not having a radical or eccentric people in office prevents large divisions in the US government. This leads into the third main positive aspect of the Electoral College: it presents a more unified nation. The second half of Document E, written by George Will, describes how the Electoral College is important to keeping the appearance of a unified nation. It makes any winning candidate seem like they have the support of most of the US population. This discourages splinter parties from making runs for office.

The Judicial branch composes of the court judges whether actions violate laws and where laws violate constitution" This shows that the separation of powers allows for the branches to constantly check each other and to ensure a fair and equal government. In conclusion, the separation of powers helps control the government and prevent them from breaking the rules of the constitution and how they should govern. The Separation of powers allows for each of the branches of the government to check each other and ensure they all follow the rules and laws set by the constitution. Separation of powers is a key factor in our government

Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional law under which the three branches of government, executive power, legislative power, and judicial power are been kept separately to prevent abuse of power.