Versatility. The one weakness to the Judicial branch is Congress can overrule their court decisions. 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. If any of the states laws is in direct violation of the United States Constitution, then it is deemed those statues are not valid. The Judicial Branch is so small. Paul H. Davis This inflexibility of the Constitution is both a source of its strengths and weaknesses. Congress had little power to impose upon the states. It has some strengths and some weaknesses. The Articles established a national government under the legislation of the Continental Congress, made up of legislatures from each state. 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. For one, the loose federation of the states was too weak to act as a foundation to be considered or act as a central government. While the strengths of the legislative branch are impressive, the weaknesses of that branch of government emanate from those same strengths. 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). Strengths like communication, teamwork, flexibility, adaptability, problem-solving and leadership are all qualities that would accomplish that. 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. First, the legislative branch is restricted to making laws. What are five reasons to support the death penalty? 3 key strengths and 3 areas of improvement to focus on. Under the Articles, there was no executive or judiciary, so any laws passed by the Continental Congress were inapplicable, among other shortcomings. #18 Strength and Weakness - Perfectionist There's not a single detail of your work which isn't exactly the way you planned it. In this case, I will explain one positive impact and one negative impact of the Political parties as well as to accentuate the positive impact and lessen the negative impact of the Political parties. Another weakness was that the Articles called for all of the powers of the government to be in one place. Being a perfectionist has never been a problem, though. Determination. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. These included: Each state only had one vote in Congress, regardless of size. The three branches of government was created to maintain a balanced system. Executive Brach (President) Powers .Proposes laws .Can veto legislation .Serves as commander in chief of armed forces Project management. The Articles created a government in which the colonies - now states - retained most of the power. Our summaries and analyses are written by experts, and your questions are answered by real teachers. Two different family lines of limited hereditary monarchs who were kept in check by the other parts of government as well as by each other. The people who serve are called associate justices. The conversation will go back to what it should be about people who care passionately about the issues, but disagree constructively on what we should do about them. The Supreme Court of Appeals is the highest court and supervises the lower, Judicial review allows for the challenging of state actions in order to ensure that decisions made by the government follow laws. 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. This separation of powers ensured that power . One body cannot pass legislation that becomes law. 78 paper describes the correct reasoning of as to why the judicial branch has the least power of all. The Articles of Confederation was a significant step toward national unity. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments (Library of Congress). It establishes the basic mechanisms for passing laws, the powers of each branch and other functions, but is not overly prescriptive. Those ads you do see are predominantly from local businesses promoting local services. They are biased in the complex world of politics for the American people to develop their own mindset of whom he or she want to vote for at the polls. However, the lack of power given to the Congress, to avoid too much power, made it hard to do their place in government. The branches of government I pick is the judicial branch. The most recently overridden presidential veto was George W. Bushs veto of the Medicare Improvements for Patients and Providers Act. Despite these positive attributes, because the text of the constitution is impossible to change, it is incapable of adapting to the modern world. This has resulted in it lacking the necessary democratic guard-rails to prevent the US from falling into profound dysfunction. An extension of the bitter level of partisanship that has subsumed Congress, and the public as a whole, executive orders are now the principal instrument employed by presidents to advance their political agendas irrespective of the concerns of the legislature (at least that part of the legislature that opposes the presidents initiatives). Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. 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. It could not enforce power upon individuals, unify foreign and domestic policies, enforce treaties, or pass navigation, After proclaiming independence from Great Britain, the United States needed an established document to help unify the thirteen colonies. 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 President has be tied down because of a "superman" identity (lecture 12/6/99). Unimaginable levels of gun violence, underpinned by the 2nd amendment, resulting in some 40,000 deaths annually. The Constitution gives Congress the right to make the laws. So thats why weve decided to make the ability to comment only available to our paying subscribers. When a judicial review is conducted it helps the state courts determine whether or not statutes are valid in the state. As you prepare your response, keep in mind these additional do's and don'ts: Don't be too humble or underestimate yourself Public speaking. However, declaring a law unconstitutional is not that easy for the courts. Another weakness of the legislative branch is its increasing partisanship. The main problem with the Articles of Confederation was that it failed to give power to the federal government. The President of the United States administers the Executive Branch of our government. 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". Each of the branches of government keep each other in check. 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 American National Government has many strengths and weaknesses that contribute to the way of life as American's over the last 200 year plus history of the United States. Many forms of federalism look to create checks and balances throughout society as a way to create an equal governing process. The Articles of confederation were also weak because the required congress to have all 13 colonies in agreement when a new tax was to be passed. Alexander Hamilton 's Federalist NO. If the bill passes both houses of Congress and is signed by the President, it becomes a law. This unique column welcomes questions from Sunday National readers. 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. he U.S. Constitution establishes a basic structure around our three branches of government (i.e. 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. Affectionate. 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). In the same section that solved our problem of money for the central government it also authorized Congress to raise an army. The new states needed a central government. Strengths And Weaknesses Of Judicial Branch 592 Words3 Pages 1. 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. As a subscriber, you are shown 80% less display advertising when reading our articles. This gives all 3 branches of government about the same power but over certain things. This process tacks on amendments to the end of the constitution, rather than being able to modify the original text. It tried to help the union become a fair union. Some of the weaknesses was that congress did not have the power to tax, couldnt regulate trade between the states or foreign countries. This guards the U.S. Constitution against tyranny because one branch does not overpower, Out of all the branches the legislative branch has the most power. HP10 9TY. Communication skills. There are some weaknesses of the legislative branch. the executive, legislative branch and the judicial branch) to interact and function in one way to prevent abuse of power or tyranny. 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. People of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. The distinctions between the American and other legislative branches are most prominent in the manner in which a chief executive is elected, how the powers of a chief executive are outlined, and how the balance of power between branches of government and the delegation of responsibilities for each branch are established. 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. Our federal government has three parts. 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 system of checks and balances is meant to even power within the Federal Government, but within we know it has its flaws. The most common weakness in the Article of Confederation was the lack of power that was given to the Continental Congress strangled the federal government. contact the editor here. 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 is silent or inadequate to resolving these very real issues, which the framers could not have predicted in 1787. This means that it is very hard for Congress to get out and lead people to support a particular policy. One of the major strengths of the executive branch in the U.S. is its power rotation. What solutions would you impose? The framers of the U.S. Constitution built a system that divides power between the three . The governing system created by the Constitution mitigates against radical change, which has led to a stability of policy. 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. 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. If the national government, for example, wants to implement a system of health care, it does. Respectfulness. strengths and weaknesses of the three branches of government. The formation of interest groups and the actions taken by the public greatly impact the power of the judiciary branch as well. The weaknesses of the Articles would quickly lead to problems that the Founding Fathers realized would not be fixable under the current form of government. However, they realized that memories of the revolution against the British monarch were too fresh to permit . One such strength is that the Constitution is a living document. This allows the judge or jury decision to be as fully and fairly informed as possible. 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 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. The executive and legislative branches are selected by the people, but the members of the Judicial Branch are chosen by the President. We have the highest court in our land, the Supreme Court, to decide these issues. The legislative branch of governance in Canada, charged with lawmaking, consists of the Senate and House of Commons. No individual member of Congress leads Congress and can speak for the whole body. The Articles of Confederation was the first plan for governing the nation. president, and no national judiciary. The biggest weakness being that the national government could not force the states to obey their laws. The Articles of Confederation was the first constitution of United States in November 1777. It doesnt have as many parts to it as the Executive and Legislative Branches. Were the Constitution more easily amendable, including changing the original text, it could be modified and updated to help resolve them and others. There tends to be three different forms, or designs, of government when it comes to the governance of a city. 3. 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. The job of the judicial branch is to interpret or explain the laws. Each branch of government checks on another to keep them balanced. Unlike the state constitutions, the Articles did not provide for a chief executive or for courts. (Use the space below to complete this section.) That way, all the trolls who post abuse on our website will have to pay if they want to join the debate and risk a permanent ban from the account that they subscribe with. The president requests funds for numerous purposes, but it is Congress that authorizes that money to be spent and writes the check. There are 8 of them ,and one leader a total of 9! It also encouraged coordination and cooperation between different states and they can settle disputes between the states. Sunday National reader George McQ. There are three federal branches in the U.S.; the legislative, executive, and judiciary. However, amending the constitution is very difficult, and has become impossible in this era of intense political polarisation. I disagree with Alexander Hamilton 's statement that the "Judiciary is the weakest branch of government today. Honesty. Focusing on the judicial branch, the Constitution has established the Supreme Court as the only court to make decisions of national importance. Branches of Government: (Pick one: Executive, Legislative, or Judicial). Dedication. This attests to a broad consensus over the Constitution as an important unifying symbol. Latest answer posted December 11, 2020 at 11:00:01 AM. If you are dissatisfied with the response provided you can Those days are over. 1. In Federalist No. The Constitution fixed all of these issues and more. What are the strengths and weaknesses of the three branches (legislative, executive, and judicial) of the Canadian government? Strengths: They didn not want the national government to act unless there was broad nationwide support for the policy. In this case, I will focus on the Judicial branch, next to explain one strength and one weakness of the branch of government as well as to provide an option to maintain the strength and option to correct the weakness of that branch of government. A weakness of the United States Constitution is that it can be difficult to make changes to it. Another benefit of having the checks and balances system is that none of the three branches is so far apart from each that they have no power over the others, but they are far enough apart to prevent the power from accumulating. Instead of doing what is good for the country, the members of this branch will do what the majority party wants to do. The Articles of Confederation was an agreement among the thirteen original states of the United States that served as the first constitution. One of the strengths of the United States Constitution is that it provides for a system of checks and balances, so that no one branch of government becomes too powerful. How were these problems solved? One of the Framers greatest priorities in drafting the Constitution was preventing the emergence of an autocratic office (i.e., that of the president). 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 major strength of the legislative branch is that it is the branch that actually has the right and the power to make laws. Some notable weaknesses were the inability to tax, enforce treaties, trade, make amendments, and its voting system. Registered in England & Wales | 01676637 |. His ability to represent the country to the world effectively and prominently. Uni-cameral legislature (one house) had too much power - appoint (choose) the Governor and judges. One strength that the Constitution does provide is that no matter what laws are passed certain rights of the people are always preserved. In addition, there as no national currency, which made all state currencies useless in trade. Voting rights have been undermined, and many have been deliberately disenfranchised. For example, Congress overturn the Supreme Courts decision in Chisholm vs Georgia case in 1793 because of the Amendment XI to the U.S. Constitution. The impeachment process is often initiated by the House of Representatives then picked up by the senate. The Congress had the power to conduct foreign affairs, maintain armed forces, borrow money, issue currency, and establish a postal system. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Sponsored by Trust Inform Therefore, the judicial branch can be also interpreted as an independent branch due to their strong use of passing limitations by the government. As stated in Article I, Section 8 of the Constitution, the legislature alone has the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. Employers often settle on the number 3 when they ask you to discuss your strengths and weaknesses! It doesnt have as many parts to it as the Executive and Legislative Branches. One of the strengths of the legislative branch is that this branch makes our laws. The amendment process is not easy the three different branches of government have to come together to agree that this is the step that is wanted. The Constitution. This is because Congress is so big and has so many members. 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. Most American historians said that the Articles of Confederation were insignificant because of the subsidiary position occupied by the central government. It would allow one branch to limit another and to prevent one from becoming supreme, . 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. As this phenomenon includes the use or abuse of war powers, one could conclude that Congresss increasing willingness to allow for the rise of an imperial presidency with diminishing regard for minority opinions is leading the United States away from the constitutional form of government that provided the basis for the nations growth. They Punishing violators of the law. It became clear that the Articles had some serious flaws and actions would be. A few other issues were they couldn't regulate interstate trade, no federal court system, and each state only gets one vote regardless the population. They make democracy possible through moderating the mass public and the government. 2021, https://www.enotes.com/homework-help/what-are-the-strengths-and-weakness-of-the-510052. This gives Congress a great deal of power. Honesty. The other branches have limited power and higher supervision, but the legislative branch has enough power to control itself. They have the power to declare way, and make their own laws. Answer example: I demand the best from the people around me and above all from myself. There are several pros and cons of federalism to consider when looking at it as a political system. 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. . 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 framers created three branches of government to help maintain a checks and balance . Since the United States was relatively a new nation, it needed some form of organization to hold the states together and keep its government and society stable to build a stronger economy (Knoedl, 2003). However, Congress does not really have the power to lead. Historically, philosophical distinctions between political parties have been real and the source of considerably acrimony. As school children, we were always taught about the system of checks and balances. Latest answer posted October 18, 2020 at 12:28:44 PM. One strength of this branch is that it holds the power to provide equal justice and determine if the laws passed by Congress are constitutional through appeals, trials, and review. 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, The authors of the Constitution set limits, which still apply to our modern day society, on each branch of government. The judiciary branch has the power to evaluate law. The present US Constitution was written in 1787 after the Articles of Confederation, which had served as a Constitution since 1781, proved ineffective. Communication skills. The highest and most important court in the united states in the supreme court. They control the taxes money, and relationships between states. Some people believe that currently exists in the legislative branch at the federal level. "Put simply, for federal theorists judicial supremacy exists because it must: Differences And Similarities Between Two Judicial Branches 495 Words | 2 Pages Delegating. One of the many strength rooted from the U.S. Constitution, is these branches (executive, legislative, and judicial), and along with a system of check and balances which ensures that no single branch would have too much power. 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 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). B) Weakness One major weakness of the executive branch of government is that the presidency is not immune to impeachment. The Articles of confederation being the first constitution was created to get individual states to come together as one. Out of these three, the judicial branch is the most powerful. This inflexibility of the Constitution is both a source of its strengths and weaknesses. 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. Currently, federal judge G. Thomas Porteous of Louisiana is on trial to be removed from the courthouse by the Congress. Strengths And Weaknesses Of Texas Constitution The constitution, weather the state or national, is a blueprint or outline in regards to the distribution of power. This confederation did not give national government any power of direct taxation. The major strength of this kind of government is that it is more efficient than a federal system. Ambitious. eNotes.com will help you with any book or any question. . For this reason, the Judicial review is the Judicial branch one strength to declare if the laws and policies are in conflict or not to the U.S. Constitution rules and amendments.