If the leadership of Congress wants to push a certain agenda (imagine, for example, that it wants to pass a health care program to replace Obamacare), it has a very hard time leading the public and getting the public to support the idea. The present US Constitution was written in 1787 after the Articles of Confederation, which had served as a Constitution since 1781, proved ineffective. The strengths of the legislative branch include its close relationship to the citizenry that elects members of Congress to office, its theoretical check on the power of the chief executive or president, and its authority to declare war. More tips for discussing strengths and weaknesses? 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. If you are dissatisfied with the response provided you can A weakness of the United States Constitution is that it can be difficult to make changes to it. These were just a few problems with the Constitution. Being detail oriented. This upper class tyranny was exactly the problem that the colonists had fled from in England, and they were afraid that these issues would continue to plague them in America. Uni-cameral legislature (one house) had too much power - appoint (choose) the Governor and judges. 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. The method formed leads to another kind of bewilderment and subsequent questions, and the process continues ad infinitum. In the national government, this is the Congress. 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. Each of the branches of government keep each other in check. This inflexibility of the Constitution is both a source of its strengths and weaknesses. So thats why weve decided to make the ability to comment only available to our paying subscribers. Only when the dispute between a law and the Constitution is strong and, Strengths And Weaknesses Of The Judicial Branch. Paul H. Davis In addition, parties should focus on getting their candidates re-elected instead of concentrating on issues and ideology. To a degree, this is fine and legitimate. The lLegislative Branch has a good amount of power over the other two branches of our, It is noted by Hamilton and Madison that the most powerful branch, however, is the legislative. The leader is called the chief justices are approved by the president and the senate they serve for life .They can only lose their job by impeachment .There are 12 court of appeals , There are 2 important legal concepts. What are the duties and responsibilities of each branch of government. This process is called judicial review; judicial review by definition is the power of a court to declare acts of governmental bodies contrary to the Constitution null and void (Neubauer and Meinhold 492). Divided government occurs when different branches of the federal government are controlled by different political parties. Some medium and small towns within the New England area may use a town meeting . Having witnessed the problems of the monarchy on their own land, and aristocracy and democracy among the Greeks, they opted for a mixed form of government, with three branches. Historically, philosophical distinctions between political parties have been real and the source of considerably acrimony. I disagree with the statement by Alexander Hamilton that judiciary is the weakest branch of the government, maybe at that time it could have been viewed as so, but its power has increased through several amendments (Jellum, 2008). The legislative branch has to power to approve presidential nominations, override a Presidents veto, impeach President, and remove him or her from office. The legislative branch, therefore, was established and vested with certain powers specifically to ensure that a dictatorship would not emerge. The major strength of the legislative branch is that it is the branch that actually has the right and the power to make laws. E. Critique - In this step, we take a critical examination of the idea formed, weighing its strengths and weaknesses before establishing a theory or principle. One of the major strengths of the executive branch in the U.S. is its power rotation. Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who arent really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse. This gives all 3 branches of government about the same power but over certain things. The formation of interest groups and the actions taken by the public greatly impact the power of the judiciary branch as well. The President enforces the laws that the Legislative Branch (Congress) makes. A judicial review, is a courts authority to examine an executive or legislative act if it shows anything conflicting to constitutional values. The articles of confederation had many problems. Honesty. The executive branch can veto congressional legislation (Doc C). The power of the president in the White House has evolved over time. Stark economic differences across states have a profound effect on the well-being of citizens. Even though judicial review is not explicitly mentioned in the constitution. Hamilton argued that Judiciary was a weak branch of government compared to Executive and Legislature because it lacked an army to command and would only react to what the two branches of the government had proposed. What are the advantages and disadvantages of liberalism and radicalism? Respectfulness. The Articles of Confederation shows to have more weakness than strength. The legislative branch is an important part of our government. Being able to check each other is one of the ways that the Constitution kept one group from having too much power. People of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. Therefore, mixed government is the norm, rather than the exception. Some notable weaknesses were the inability to tax, enforce treaties, trade, make amendments, and its voting system. 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. While it has served as a coherent governing structure which has stood the test of time and is a source of unity, it has also shown its limits in the modern era in resolving issues the framers could not have envisaged. 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. Furthermore, when parties have entrenched positions the public is adversely affected as the policies may be unpopular. The level of partisanship in Congress has reached the point at which the common good is routinely sublimated to bitter partisan divisiveness intended solely to undermine the other sides agenda irrespective of that agendas merits. In the same section that solved our problem of money for the central government it also authorized Congress to raise an army. The 3 Branches Powers and Restrictions. 3 key strengths and 3 areas of improvement to focus on. Communication skills. There tends to be three different forms, or designs, of government when it comes to the governance of a city. These are 3 generic and common strengths and weaknesses that will help you answer the question "Name your 3 key strengths and 3 areas of improvement". Branches of Government: (Pick one: Executive, Legislative, or Judicial). The Articles of the Confederation was the first government constitution that the United States used, and, although there were strength like the Northwest Ordinance of 1787, there were major weaknesses of the Articles of the Confederation like the following: requiring 9 out of the 13 colonial votes from the representatives from different states to pass a law; having no executive and judicial branch; and the federal government being unable to impose tax revenue onto the states. The Congress creates law, for example, they created the National Prohibition in the 1920s, and the president executes the laws by ensuring all the laws passed by the Congress are implemented. The other weakness was each state could print its own money, however, money from one state would not work at another state. For example, the landmark case of Marbury v. Madison (1803) was the foundation for the courts to exercise their power of judicial review under Article III of the U.S. Constitution to define the limitation of the American government to constitutionally separation of power between the Executive and itself. Affectionate. 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. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable. If a state decided to ignore a law, the Congress could do nothing. They make the rules for the country and they can make it to benefit, The three branches of government (executive, legislative and judicial) have respective powers that enable each of them to "check and balance" the other two branches. After all, when power starts accumulating, that is one step closer to a tyrannical. The following are examples of strengths at work: Hard skills. Leadership skills. The three branches of government (Judicial, Legislative and Executive) each have a different job. To achieve that, they divided power among three distinct, independent branches -- legislative, executive and judicial. The American Revolution was a rejection of the British Crown and the notion that a chief executive or leader unanswerable to the citizenry was not to be tolerated in the newly formed United States of America. Over the years, the history of the United States witnessed 45 presidents, which may be a sign of a healthy democracy. However, the lack of power given to the Congress, to avoid too much power, made it hard to do their place in government. Strengths Provides a coherent system of government Evolved over time, reflecting the values of the British People Parliamentary sovereignty ensures a clear centre of authority The rule of law protects the rights of citizens Government is responsible - it is accountable to parliament and the electorate Government is . . 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. 1035 Words 5 Pages Decent Essays The Articles created a government in which the colonies - now states - retained most of the power. the national government's power among three branches that serve as a check and balance on each other, is that it serves as a deterrent to tyranny and runaway power. 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. https://www.whitehouse.gov/about-the-white-house/the-legi What are the weaknesses and strengths of the legislative branch? contact IPSO here, 2001-2023. It also encouraged coordination and cooperation between different states and they can settle disputes between the states. The Articles of Confederation gave Congress the power to pass laws but no power to enforce those laws. Created in 1778, the Articles of Confederation became the United States of Americas first constitution after gaining independence from Britain in 1776. The three branches were established by the Constitution and divided into executive, legislative, and judicial. There were many weaknesses of the Articles of Confederation.There was no national executive i.e. Determination. Instead of doing what is good for the country, the members of this branch will do what the majority party wants to do. Out of these three, the judicial branch is the most powerful. Our founding fathers signed the Constitution which paved the way for the branches of government, federal bureaucracy, and interest groups to operate and conduct affairs. 9. Article one section eight of the constitution tells Congress they have the power to collect taxes which fixed the problem of no body giving money to the Congress Article one section eight also solves another one of the main problems of the Articles of Confederation which was that a weak central government had a hard time standing up to foreign enemies. This is good because it means that no one part of government is above or below the others in terms of power, and there is always a way for one of them to be checked if they are becoming too tyrannical. The impeachment process is often initiated by the House of Representatives then picked up by the senate. They also dont do as much as the other branches, because while the Legislative Branch creates Laws and the Executive Branch controls most of the federal organizations the Judicial Branch just hears different cases that appeal through the lower courts. Nor did it prevent these individuals from working cordially and professionally across the political divide. What are the strengths and weaknesses of the three branches (legislative, executive, and judicial) of the Canadian government? The legislative branchs weaknesses include its susceptibility to the sometimes-irrational demands of the citizenry, the increased level of partisanship in Congress, and its seeming unwillingness to exercise its constitutional prerogatives in fundamental questions of war and peace. Organizations that seek to influence government policy by taking positions on current and public issues, nominating candidates and trying to get them selected called Political parties. The Constitution which was written 229 years ago, comes with many strengths and weaknesses. 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. . The executive and legislative branches are selected by the people, but the members of the Judicial Branch are chosen by the President. Put simply, for federal theorists judicial supremacy exists because it must: To exercise the power of judicial Review. Therefore, the judicial branch can be also interpreted as an independent branch due to their strong use of passing limitations by the government. STRENGTHS. The three branches of government was created to maintain a balanced system. strengths and weaknesses of the three branches of government. It established the three branches of government: executive, legislature and judiciary, as well as "checks and balances" which enable each branch to limit the power of the others, preventing any one from accumulating too much power. In the first decade of the 21st century, the economy was able to withstand a number of costly setbacks. Restrictions Only Congress can declare war. They have the power to declare way, and make their own laws. In addition, there as no national currency, which made all state currencies useless in trade. The Articles of Confederation was the first plan for governing the nation. Accessed 4 Mar. When the President and Congress think that. They are all ruled over, In the United States government, there are three branches called the legislative, executive, and judicial branch. The main principle behind the separation of powers (also known as the Doctrine) is to prevent the abuse and misuse of power from the bodies. Another thing is they decide if laws passed by states are allowable by the constitution(wrote by Joshua Delorenzo.). It tried to give the states as much power as possible, but with this came many weaknesses. However, Congress does not really have the power to lead. Copyright 2023 IPL.org All rights reserved. (Use the space below to complete this section.) It tried to help the union become a fair union. The Articles of confederation being the first constitution was created to get individual states to come together as one. This unique column welcomes questions from Sunday National readers. These jobs belong to other branches of the federal government. The writers of the Constitution created this system to help ensure that the federal government wouldnt have too much power. Political parties have been alive almost as long as the country, and for good reason. The Supreme court also decides if the treaties negotiated by the president and approved by the senate are accepted by the constitution. Congress have some control this branch listed last on the U.S. Constitution. The Articles of Confederation was the first plan for governing the nation. Chief Justice John Marshall first brought up this power in the. This is evident since the judicial branch cannot enforce power, it cannot approach matters, but matters have to seek the judiciary, and public opinion influences the courts decisions to a great extent. The Articles of Confederation are said to be weak and because of their weakness, it is sometimes assumed that they were also unpopular. As for the jJudicial Branch, the lLegislature creates the lower courts, can impeach judges, and must approve Supreme Court cases. Copyright 2023 IPL.org All rights reserved. According to our American Government textbook, the Farmers of the Constitution thought political parties were viewed a small group that had self-interest within themselves that placed their welfare above the general public (). Both the president and congress always making noise. Those ads you do see are predominantly from local businesses promoting local services. 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. This meeting led to the eventual drafting and signing of the United States Constitution in 1787 and the election of the first president, George Washington, in 1789. There was also no executive branch which resulted that it was almost impossible to coordinate the work of the national government. Having the language to do this helps a lot. This was a huge step because now a designated person has the control to make big decisions such as these. Dahl feels that the judiciary branch has repeatedly used its power over authority to change the Constitution. Employers often settle on the number 3 when they ask you to discuss your strengths and weaknesses! The new states needed to unify under one constitution and they needed to establish a soverign central government. Whether or not this is a good thing depends on your political perspective, but it has curbed the worst impulses of presidents, excluded radical measures from the agenda and led to a stability of policy. A. the framers created three branches of government to help maintain a checks and balance . This l . The United States Supreme Court possess the highest authority and is over both the federal and the state courts in the country. The dependence of the government on the will of the people is undoubtedly the best control, but experience teaches that other controls are necessary. Judges in every state must adhere to these and abide by them. They are separated into branches so they can check eachother, making sure none of the three have . The one weakness to the Judicial branch is Congress can overrule their court decisions. A good example of this is Shays Rebellion. Later, when writing the Northwest Ordinances, Jefferson proposed the idea of having three branches of government, and a system of checks and balances between the three to ensure. Please report any comments that break our rules. I will focus on the legislative branch at the federal level. Congress had little power to impose upon the states. Congress can make any law that it wants on any topic that it wants (with a few exceptions listed in the Constitution). This branch cant carry out or interpret the laws. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. Those days are over. Cost-Effectiveness: Some entities are able to reduce pollution at a lower cost than others. Many of the Founders wanted an even stronger executive, essentially an elected king. Which already shows how important the judicial branch is. Focusing on the judicial branch, the Constitution has established the Supreme Court as the only court to make decisions of national importance. 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. The Congress had the power to conduct foreign affairs, maintain armed forces, borrow money, issue currency, and establish a postal system. When a bicameral legislature design is used for a national government, the structure requires both groups within the governing body to approve new laws or rules. 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 biggest weakness being that the national government could not force the states to obey their laws. If the national government, for example, wants to implement a system of health care, it does. They are always on the news, the president is trying to do something and complaining that congress is holding him back, for example Obama Care, and congress is all talk and no action especially, for issues that matter to the normal people for example, healthcare and taxes issues. Honesty. Electoral College Strengths And Weaknesses. No other branch of government can actually make laws. The inability to tax put America into debt and caused a recession. This resulted in weakness because it proved to be a very difficult task to get all 13 colonies to agree on a single matter unanimously. The Constitution. All in all, the judicial branch looked at as the powerful to U.S. citizens but has a weakness of having their decision overruled by the Executive (executive of the laws) and Legislative branch (creator of the laws).
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