Principles and Articles of the United States Constitution

Topics: Separation of powers, United States Constitution, United States Pages: 9 (1946 words) Published: November 3, 2013
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Principles and Articles of the United States Constitution

Grand Canyon University: POS-301
October 6, 2013

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Principle

Description

Authority in Constitution

Self-Government

This is a democratic form of
government whereby the people
exert some form of control over
the government of their country
or state. The framers of the
constitution fearing tyrannical
rule by the majority in a direct
democracy formed the U.S. As a
republic.

This is based in Articles I, II, and
III of the United States
Constitution and several
amendments to include XII, XIV,
and XVII (The American, 2013).

Separation of Powers

There are three branches of the
federal government, the
executive, the legislative, and the
judicial. Each branch has its
own responsibilities and
limitations.

The separation of powers is
outlined in Articles I, II, and III
of the United States Constitution
(The United States, 2013).

Checks and Balances

Each of the three branches of the
federal government conducts
oversight of the other branches.
This creates a shared power
structure where none of the
branches can assume too much
power.

The system of checks and
balances is outlined in Articles I,
II, and III of the United States
Constitution (The United States,
2013) .

Principles and Articles

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The United States is democratic republic where the three branches of government each has its' own specific responsibilities and limitations. The framers of the constitution wanted to ensure that the federal government was strong enough to sustain the country, but not allow any person or unit to obtain enough control to create a government similar to the monarchies of Europe. In order to ensure that no branch assumed too much power, the framers created a system of checks balances where each branch had an oversight role over the other two branches. This system of checks and balances has been omnipresent throughout the history of the United States and it has been very effective in maintaining the balance of power.

Throughout the history of the United States the power of the three branches of government has been fluid. At different times in history each branch has flexed its powers to ensure that the other branches are not exceeding the scope of their authority. There are many instances in history where the President has used his authority to veto legislation passed by the legislature that he deemed inappropriate. The power to veto legislation is granted by Article I Section 7 of the constitution (Presidential Vetoes, 2013). There have been a total of 2,563 vetoes by the various Presidents throughout the history of the United States. The Legislative Branch has the ability to override the veto of the President. With a two-thirds majority vote, the legislature can pass the bill and force the President to sign it into law. Of the 2563 vetoes to date only 109 have been overridden by such a vote (Presidential Vetoes, 2013).

The executive branch also exerts control over the Judicial Branch through the nomination process for federal judges. Generally the party in control of the Executive Branch nominates judges based on how they will address the issues presented before the court. In other words, how the judge will interpret constitutional issues. Here again the Legislative Branch can check this authority and

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exert their own control over the Judicial Branch as they have the authority to confirm the Executive Branch's nominees. They Legislative Branch also wants to ensure that the judges adhere to the Constitution's principles when making decisions. They have utilized this power on many occasions and had nominees rejected or caused some to justify their qualifications for the position. One of the most recent and famous incidents was the rejection of Robert Bork in 1987. Nominated by Ronald Reagan the Senate Judiciary committee...

References: “How a Bill Becomes a Law.” 2013. U.S. Constitution. Retrieved Oct. 6, 2013 from
http://www.usconstitution.net/consttop_law.html.
Legal Information Institute. 2013. Cornell University Law School. Retrieved Oct. 6, 2013 from
http://www.law.cornell.edu/supct/cases/topic.htm .
“Supreme Court Nomination: 1789-Present.” United States Senate. Retrieved Oct. 6, 2013 from
http://www.senate.gov/pagelayout/reference/nominations/Nominations.htm .
The American, Constitutional Self-Government Foundation. 2013. Retrieved October 4, 2013 from
http://selfgovernmentfoundation.com/ .
The United States Constitution. 2013. Retrieved October 5, 2013 from
http://www.usconstitution.net/const.html .
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