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The Judiciary branch is the third branch which is made up of courts such as the supreme, circuit, the magistrate and municipal. Latest answer posted January 23, 2021 at 2:37:16 PM. Chief among them are economic disparities across states, race-to-the-bottom dynamics (i.e., states compete to attract business by lowering taxes and regulations), and the difficulty of taking action on issues of national importance. The Roman Republic began in 509 B.C. Each branch of government checks on another to keep them balanced. So people are often surprised to learn that Brazil is . The Articles declared that the states would remain sovereign and that all powers not given to Congress, by the Articles of Confederation, were automatically delegated to the States. The presidency grew in power, especially during the New Deal of the 1930s and the Great Society of the 1960s, when many executive regulatory agencies were created to better govern the economy and society. Therefore, the judicial branch can be also interpreted as an independent branch due to their strong use of passing limitations by the government. Unlike Britain, it gives the legislature strong powers and the President usually has to negotiate with it in order to carry out a legislative program. People of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. Executive Brach (President) Powers .Proposes laws .Can veto legislation .Serves as commander in chief of armed forces With the checks and balances the government was able to get more power or something subjects but the government 's branches could still get check to see if they were stay in line and not getting too much power over everything or everyone else. The biggest weakness being that the national government could not force the states to obey their laws. It would allow one branch to limit another and to prevent one from becoming supreme, . The Articles of Confederation was a written document that entailed the position and function of the national government after the United States declared its independence from Great Britain. The executive branch consists of the president and his cabinet, the legislative branch consists of Congress, the Senate, and the House of Representatives, and the judicial branch consists of the Supreme court and other federal courts. Finally, the Judicial branch plays an important role in policy-making. Furthermore, with the court having the ability to disapprove the law, the executive, and legislative branch are clearly not sovereigns as they are not the supreme. Sponsored by Trust Inform Some of the strengths and weaknesses of the following traditional types of government include: Monarchy Advantage: In a monarchy, decisions can be made quickly based on the opinion of the. Brazil is perhaps best known abroad as an exporter of commodities such as iron ore, orange juice, beef and soy. The system of checks and balances is meant to even power within the Federal Government, but within we know it has its flaws. This way the national government could have, Due to the many weaknesses of the Articles the convention that was held to revise the articles ended up throwing away the Articles of Confederation and starting all over again. In our democracy, the judicial branch performs this best, with rules of court intended to equalize the opportunity for each side to present evidence and arguments. Copyright 2023 IPL.org All rights reserved. There were many problems and weaknesses with the Articles of Confederation. To further emphasize this point, Article I, Section 8 further vests with Congress the power to raise and support Armies, meaning that the chief executive not only cannot unilaterally take the nation to war, but he or she cannot even create and maintain the military needed to do so if so inclined. In addition, parties should focus on getting their candidates re-elected instead of concentrating on issues and ideology. While this process brings the president into account of the faults committed while in office, in most cases it is often based on political difference and according to . The third problem was the Articles of Confederation, The Articles of Confederation was Americas first constitution and at the time it seemed like a great alternative for a government. Out of these three, the judicial branch is the most powerful. Copyright 2023 IPL.org All rights reserved. Those ads you do see are predominantly from local businesses promoting local services. 78 paper describes the correct reasoning of as to why the judicial branch has the least power of all. The Supreme Court of Canada falls under the judicial branch of the government, its role is to interpret the Canadian constitution and decide whether or not laws are constitutional. The Congress had the power to pass laws however not unless nine states voted in favor of it. So, our federalist form of government has several advantages, such as protecting us from tyranny, dispersing power, increasing citizen participation, and increasing effectiveness, and disadvantages, such as supposedly protecting slavery and segregation, increasing inequalities between states, states blocking national policies, and racing to the It increases the risk of political deadlock. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).. who describes himself as an American, British and Scottish citizen asks: It would be interesting to compare the strength and weakness of the American constitution. Comments have been closed on this article. This process tacks on amendments to the end of the constitution, rather than being able to modify the original text. The Constitution which was written 229 years ago, comes with many strengths and weaknesses. 78, written by Alexander Hamilton, the judiciary branch is said to be the weakest due to all of the ways the legislative and executive branch can enforce their power upon them. They didn not want the national government to act unless there was broad nationwide support for the policy. Most members of Congressin fact, the overwhelming majoritydevote considerable time to bringing home the bacon. Spending bills are regularly filled with thousands of individual provisions intended to ensure that ones district or state receives as much money as possible. The president as ahead of the executive branch has several terms he or she may serve limited to two four-year terms. Dahl feels that the judiciary branch has repeatedly used its power over authority to change the Constitution. Its superior strengths include the "separation of power" clause where no one from the three branches of the government, namely the Executive, Legislative, and Judiciary, is presumed to have the lawful authority to take over the other. The present US Constitution was written in 1787 after the Articles of Confederation, which had served as a Constitution since 1781, proved ineffective. The legislative branch, therefore, was established and vested with certain powers specifically to ensure that a dictatorship would not emerge. Chief Justice John Marshall first brought up this power in the. The executive branch is the office of the president who approves laws, the legislative branch is Congress who make laws, and the judicial branch refers to courts that evaluate the laws, with the . Even though congress has the power of money and the president has the power, It reserves the right to remove a president from office through the impeachment process. First, the legislative branch is restricted to making laws. Sunday National reader George McQ. Thus, acquiring ultimate power is prevented ("The United States Constitution, 1787, cited in Mount, 2008). Another strength of the legislative branch of government involves its power to declare war on other nations. Any attempt to change the Articles required a unanimous vote of all 13 states. More tips for discussing strengths and weaknesses? It requires two-thirds of the House of Representatives and two-thirds of the Senate to vote for the amendment, and three-quarters of the state legislatures must adopt it for ratification. The branches of government I pick is the judicial branch. Common weaknesses include a fear of public speaking, lack of experience with software or a program, or difficulty with taking criticism. Uni-cameral legislature (one house) had too much power - appoint (choose) the Governor and judges. Employers often settle on the number 3 when they ask you to discuss your strengths and weaknesses! For example, the federal government could decide to wage war, however they had no national army to fight and the states were responsible to gather their own militias. The three branches of the U.S. government are the legislative, executive and judicial branches. That did not, however, prevent members of Congress from working together for a greater good. Restrictions Only Congress can declare war. Were the Constitution more easily amendable, including changing the original text, it could be modified and updated to help resolve them and others. Most were granted to the Congress, with the president having relatively few. This allows the judge or jury decision to be as fully and fairly informed as possible. This inflexibility of the Constitution is both a source of its strengths and weaknesses. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. List of the Pros of Federalism 1. Such flaws would eventually lead to the Constitution and the repeal of the articles, for the Constitution was a measure to fix the problems of the articles with a stronger government that allowed them to impose taxes and and implement new laws for a more effective government. One Example of this is in document B where is says, The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the, 2- The constitution of the judiciary department might be inexpedient to insist rigorously on the principal. What solutions would you impose? There are strengths and weaknesses of the legislative branch. We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The United States began, in many ways, as a great experiment. The constitution has been amended 27 times, 10 of which are the Bill of Rights adopted in 1791. These Articles of Confederation put the Congress at the highest power in the nation. Divided government occurs when different branches of the federal government are controlled by different political parties. An example of checks and balances in action is how Congress voted overwhelmingly to override a veto by President Obama for the first time, passing into law a bill that would allow the families of those killed in the Sept. 11, 2001, terrorist attacks to sue Saudi Arabia for any role in the, The Judicial Branch is so small. One of the most significant changes between the Articles of Confederation and Constitution was the creation of the three branches of government: the executive, legislative, and judicial. The job of the judicial branch is to balance out the executive and legislative branches of government, so that no branch is more powerful than the others. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Judiciary is the branch government tasked with interpreting laws, adjusting cased and controversies over the application of laws and levying judgement when laws are violated (Lasky,.J, political parties, interest groups and federal elections) are involved in the processes, activities and policies of the U.S. government. Again, fearful of an autocratic chief executive with the wherewithal to lead the nascent nation into unnecessary wars, the Framers of the Constitution vested the authority to go to war with Congress. These jobs belong to other branches of the federal government. Respectfulness. Political parties have been alive almost as long as the country, and for good reason. 3 key strengths and 3 areas of improvement to focus on. The United States Supreme Court possess the highest authority and is over both the federal and the state courts in the country. 1. In other words, the president, the office of which is established in Article II of the Constitution, cannot, under the Constitution, declare war on other countries. 1. Nor did it prevent these individuals from working cordially and professionally across the political divide. This has resulted in it lacking the necessary democratic guard-rails to prevent the US from falling into profound dysfunction. The judicial reviews of a policy are the authority of the courts to circumscribe the constitutionality of efforts by the legislature and the executive branches. There are several pros and cons of federalism to consider when looking at it as a political system. The articles of confederation has many strengths but also some weaknesses, one strength is that it gave congress the power to deal with foreign affairs and authority to declare war, make peace, alliances, and sign treaties. One of the most important power is given to the judicial branch; this is the power of judicial review, where a judge can rule over any law that seems to be unconstitutional, even if it is signed by Congress and the President. It became clear that the Articles had some serious flaws and actions would be. 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. One of the Framers greatest priorities in drafting the Constitution was preventing the emergence of an autocratic office (i.e., that of the president). Therefore, mixed government is the norm, rather than the exception. Until its ratification in 1789, it served as the first constitution of the United States.The Articles had more weaknesses than strengths. Congress have some control this branch listed last on the U.S. Constitution. However, amending the constitution is very difficult, and has become impossible in this era of intense political polarisation. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. Being a perfectionist has never been a problem, though. Data returned from the Piano 'meterActive/meterExpired' callback event. The very fact that the US Constitution has lasted for 230 years demonstrates a remarkable resilience and endurance, which is in part because it is a minimalist document. Please report any comments that break our rules. Many of the Founders wanted an even stronger executive, essentially an elected king. As stated by the Cornell University Law School, " judicial review is the idea, fundamental to the US system of govn't, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial . The judges must read between the lines of the Canadian constitution and seek the un-written rules in order to decide to if a law is constitutional or not. "Put simply, for federal theorists judicial supremacy exists because it must: Differences And Similarities Between Two Judicial Branches 495 Words | 2 Pages The Judicial branch is the third government branch that is made up of different types of courts. Alexander Hamilton 's Federalist NO. In the national government, this is the Congress. One of the major strengths of the executive branch in the U.S. is its power rotation. WEAKNESSES. .Congress can remove the president by impeachment. Having the language to do this helps a lot. In 1787-1788 eighty-five essays appeared in the New York newspaper, they were supporting the federal constitution, Alexander Hamilton was one of the writers. Strengths and Weaknesses of US System of Government Although Tocqueville praises the Constitution, he believes that it succeeds because of the natural mindset of the American people.