What are the main points of Federalist 78?
Federalist No. 78 discusses the power of judicial review. It argues that the federal courts have the job of determining whether acts of Congress are constitutional and what must be done if government is faced with the things that are done on the contrary of the Constitution.
Why is life tenure needed Federalist 78?
Life tenure, modified by good behavior, is a superb device for assuring judicial independence and protection of individual rights. With a view toward creating a judiciary that would constitute a balance against Congress, the Convention provided for the independence of the courts from Congress.
What is the thesis of Federalist 78 quizlet?
First, Hamilton says that life tenures frees judges from political pressure that come from the legislature or executive. This allows judges to guard against unconstitutional laws. Then, he says that judges have lots of demands, which shows that only few men are able to become judges because of their ethical qualities.
Why does Hamilton support life terms?
What arguments does Hamilton use to support life tenure for judges? (a) Life tenure frees judges from political pressure that might come from the legislature or executive if periodic appointments were made. Being freed from such pressure enables judges to guard against laws that are contrary to the Constitution.
What does good behavior mean in Federalist 78?
The Constitution of the United States provides that federal judges shall hold their offices during good behavior, which means that they cannot be discharged but can be impeached for misconduct. …
Which branch of government is most important?
The most important power of Congress is its legislative authority; with its ability to pass laws in areas of national policy. The laws that Congress creates are called statutory law. Most of the laws which are passed down by Congress apply to the public, and on some cases private laws.
What are the 3 main responsibilities of the federal government?
Only the federal government can regulate interstate and foreign commerce, declare war and set taxing, spending and other national policies. These actions often start with legislation from Congress, made up of the 435-member House of Representatives and the 100-member U.S. Senate.
Which branch of government is the least powerful?
The judicial branch
Which of the three branches is the most powerful?
Legislative Branch
What are the three legislators?
Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate)
How is the judicial branch more powerful?
Judicial Powers: They have the power to declare the acts of the congress un-constitutional (Judicial Checks Legislation), and can declare acts of executive (President, or Cabinet Members), un-constitutional. …
What is the relationship between the three branches of government?
Here are some examples of how the different branches work together: The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
How much power does a president have?
The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses.
Can an executive order override the Constitution?
Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.
Why checks and balances are important?
The system of checks and balances allows each branch of government to have a say in how the laws are made. The legislative branch has the power to make laws. The Executive branches main goal is to carry out the laws. The most important power the executive branch has over the others is the power to veto.
What are the most important checks and balances?
The best example of checks and balances is that the president can veto any bill passed by Congress, but a two-thirds vote in Congress can override the veto. Other examples include: The House of Representatives has sole power of impeachment, but the Senate has all power to try any impeachment.
What are the disadvantages of checks and balances?
The biggest drawback of checks and balances is that it slows the governing process. Division of power usually entails cooperation and compromise between competing factions and this can, depending on the level of political polarization, significantly slow the legislative process.
Who came up with checks and balances?
Montesquieu
How do checks and balances work in the US government?
Checks and balances operate throughout the U.S. government, as each branch exercises certain powers that can be checked by the powers given to the other two branches. Within the legislative branch, each house of Congress serves as a check on possible abuses of power by the other.
Who does the executive branch check on?
Other checks and balances include:. Executive over the judicial branch. The president appoints all federal judges. legislative branch must approve appointments that the president makes; the Senate must approve treatjes that the president makes; and the legislative branch may investigate the executive branch.
Which branch has the most checks?
judicial branch
What branch declares war?
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
What is the chain of command if the president dies?
If the President of the United States is incapacitated, dies, resigns, is for any reason unable to hold his/her office, or is removed from office, he/she will be replaced in the following order: Vice President. Speaker of the House. President Pro Tempore of the Senate.
Who is the youngest president?
The youngest person to assume the presidency was Theodore Roosevelt, who, at the age of 42, succeeded to the office after the assassination of William McKinley. The youngest to become president by election was John F. Kennedy, who was inaugurated at age 43.
Who serves as president of the United States Senate?
President of the Senate: Vice President of the United States Under the Constitution, the vice president serves as the president of the Senate and presides over the Senate’s daily proceedings. In the absence of the vice president, the Senate’s president pro tempore (and others designated by them) presides.
Who decides who wins the presidential election?
If no candidate receives the majority of electoral votes, the vote goes to the House of Representatives. House members choose the new president from among the top three candidates. The Senate elects the vice president from the remaining top two candidates.
Does Congress certify the presidential election?
In January, Congress sits in joint session to certify the election of the President and Vice President. In the year after the election, electoral documents are held at the OFR for public viewing, and then transferred to the Archives of the United States for permanent retention and access.
What happens if they don’t reach 270?
A candidate must receive an absolute majority of electoral votes (currently 270) to win the presidency or the vice presidency. If no candidate receives a majority in the election for president or vice president, that election is determined via a contingency procedure established by the 12th Amendment.
Who really decides the US election?
It is the electors’ vote that technically decides the election, and a candidate must gain 270 electoral votes to win the White House. In most elections, the winner of the popular vote also wins the majority of the electoral votes.
What happens if the president election is a tie?
If no candidate receives a majority of electoral votes, the Presidential election leaves the Electoral College process and moves to Congress. The Senate elects the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator casts one vote for Vice President.