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. We have the highest court in our land, the Supreme Court, to decide these issues. 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. eNotes Editorial, 30 Apr. Employers often settle on the number 3 when they ask you to discuss your strengths and weaknesses! Many of the Founders wanted an even stronger executive, essentially an elected king. Some of the weaknesses was that congress did not have the power to tax, couldnt regulate trade between the states or foreign countries. 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. WEAKNESSES. However, as long as the US maintains the current constitution, it will continue to be an object of reverence and unity. It has some strengths and some weaknesses. 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. Strengths -Separation of government branches -Protection of basic rights Weaknesses -Legislature had too much power (elected governor and other state officials) -Legislature had only one house so they had no one to check them -Governor was only elected to one year term (limited effectiveness) Being able to check each other is one of the ways that the Constitution kept one group from having too much power. HP10 9TY. They had no National court system, the articles could not be amended without the commitment of all 13 colonies. In document C, there is a very useful chart that shows one way that each of the three branches of government (executive, legislative, and judicial) holds a little bit of power over the others. Formed 8 counties that each had its own government, court, school, and militia. It is able to take down a law or an executive branch to be declared as unconstitutional. 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). This l . 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. Many forms of federalism look to create checks and balances throughout society as a way to create an equal governing process. Make sure you can give specific examples to demonstrate why you say that is your strength if probed further. 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 people believe that currently exists in the legislative branch at the federal level. Congress had little power to impose upon the states. They have the power to declare way, and make their own laws. The other weakness was each state could print its own money, however, money from one state would not work at another state. 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. 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. This website and associated newspapers adhere to the Independent Press Standards Organisation's If you have a complaint about the editorial content which relates to The Articles of Confederation are said to be weak and because of their weakness, it is sometimes assumed that they were also unpopular. Congress had right to declare war but could not raise the national army for the war. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).. This branch cant carry out or interpret the laws. 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. The people who serve are called associate justices. Sometimes the legislative branch gets bogged down in partisan politics. The US constitution also enjoys broad acceptance among the population, and is supported by people of varied political leanings for different reasons. Put simply, for federal theorists judicial supremacy exists because it must: To exercise the power of judicial Review. Lets get that debate started! Therefore, the judicial branch can be also interpreted as an independent branch due to their strong use of passing limitations by the government. This confederation did not give national government any power of direct taxation. A weak congress was one of these weaknesses. These strict voting requirements made it difficult for the Congress to accomplish much, and even when the Congress managed to pass laws, it could not enforce them. Leadership skills. This inflexibility of the Constitution is both a source of its strengths and weaknesses. People skills. These included: Each state only had one vote in Congress, regardless of size. However that is exactly what put founding fathers wanted. The major strength of this kind of government is that it is more efficient than a federal system. The three branches of the U.S. government are the legislative, executive and judicial branches. The following are examples of strengths at work: Hard skills. Historically, philosophical distinctions between political parties have been real and the source of considerably acrimony. Each have evolving goals and objectives to get citizens involved with politics to exercise their first Amendment to vote. The framers of the U.S. Constitution built a system that divides power between the three . Communication skills. Those days are over. This can lead to a lack of productivity if members of the legislative branch arent willing to work together. The branches of government I pick is the judicial branch. Many of these issues were brought up during the Annapolis convention of 1786. B) Weakness One major weakness of the executive branch of government is that the presidency is not immune to impeachment. 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. Divided government occurs when different branches of the federal government are controlled by different political parties. Communication skills. In addition the state legislatures had too much power and in turn had the ability to influence economic issues of all kinds. It tried to help the union become a fair union. illinois mask mandate lawsuit plaintiffs; cedarville university jobs; strengths and weaknesses of the three branches of government The Articles of Confederation was a significant step toward national unity. The United States began, in many ways, as a great experiment. Analytical skills. The Legislative branch is responsible for, In the United States government, there are three branches called the legislative, executive, and judicial branch. Unlike the UK system whereby the party with a majority in parliament controls the legislative and executive branch, in the US it is very rare that one party controls the House, Senate and Presidency at the same time, and it doesnt last. This gives all 3 branches of government about the same power but over certain things. 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. It interprets the law and decides if the laws are constitutional. Electoral College Strengths And Weaknesses. These Articles of Confederation put the Congress at the highest power in the nation. For instance, both political candidates (i.e. In Canada, laws must be brought to the supreme court to be challenged and the court may not arbitrarily open cases. This act is called checks and balances. The legislative branch, therefore, was established and vested with certain powers specifically to ensure that a dictatorship would not emerge. Democratic and Republican) compete for Presidency by presenting plans. Honesty. Branches of Government: The United States government is made up of three major branches including the executive, the legislative, and the judicial. For the first . president, and no national judiciary. One of the Framers greatest priorities in drafting the Constitution was preventing the emergence of an autocratic office (i.e., that of the president). 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. 1. 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 . 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). When the President and Congress think that. 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. Unfortunately, it is routinely carried to extremes, with billions of dollars spent every year on questionable projects that benefit only ones constituency. Led by Daniel Shays- a Massachusetts farmer and a war veteran- a group of farmers went to the Springfield Arsenal as, The first problem with the Articles of Confederation was that Congress could not raise taxes and had no money of its own because the States collected taxes and were reluctant to fork over any money to the Congress. 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 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. Copyright 2023 IPL.org All rights reserved. The Roman Republic's Government. He mentions that as long as all three branches are separate, then the judiciary will always be the least dangerous to the political rights of the Constitution; because it has the least capacity to annoy or injure them. The executive branch holds the sword and the legislative commands the purse. The judiciary, controlling neither sword nor purse, neither strength nor wealth of the society, has neither FORCE nor WILL but merely, Strengths And Weaknesses Of Judicial Branch. As a subscriber, you are shown 80% less display advertising when reading our articles. Achilles heels of the US governing system include: A corrupt campaign finance system, enabling corporations and wealthy individuals to buy elections and have their interests represented, rather than the population at large. What are the duties and responsibilities of each branch of government. 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. The president as ahead of the executive branch has several terms he or she may serve limited to two four-year terms. The Constitution established an executive branch headed by a president, which represented a significant departure from the Articles of Confederation. These three different styles of government include the mayor-council form, the traditional commission form, and the council-manager form of city government. I will focus on the legislative branch at the federal level. This ultimately led to less conflict amongst the states in the. The Articles of Confederation was the first plan for governing the nation. List of the Pros of Federalism 1. The present US Constitution was written in 1787 after the Articles of Confederation, which had served as a Constitution since 1781, proved ineffective. One such strength is that the Constitution is a living document. Strengths and weaknesses Witness the impact of the global financial crisis of 2007-08 See all videos for this article The U.S. economy is marked by resilience, flexibility, and innovation. Our federal government has three parts. 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 was a huge step because now a designated person has the control to make big decisions such as these. 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 power of the president in the White House has evolved over time. Latest answer posted November 14, 2019 at 7:38:41 PM. The three branches of government (Judicial, Legislative and Executive) each have a different job. This strong legislature is the same one that allowed for mob ruling and actions by debtors. What are five reasons to support the death penalty? 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. Registered in England & Wales | 01676637 |. contact IPSO here, 2001-2023. 78, Hamilton stated that the judicial branch was perhaps the least dangerous of the three, due to the fact that it will not put the liberty of the people at risk, as opposed to the executive and the legislative. What follows reflects the perspective of someone who resides in the United States, the legislative branch of which, the United States Congress, differs from legislative branches in other democratic systems, most of which are characterized by parliamentary systems. After all, when power starts accumulating, that is one step closer to a tyrannical. 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. .Congress can remove the president by impeachment. In the national government, this is the Congress. If the facility finds a cheaper solution in the future, it can sell credits it no longer needs. 3. These jobs belong to other branches of the federal government. The major strength of the legislative branch is that it is the branch that actually has the right and the power to make laws. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Thus, acquiring ultimate power is prevented ("The United States Constitution, 1787, cited in Mount, 2008). Our government needs cooperation from separate and independent bodies in order to accomplish anything. the framers created three branches of government to help maintain a checks and balance . 1. The impeachment process is often initiated by the House of Representatives then picked up by the senate. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. 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 legislative branch also is responsible for levying and collecting taxes, making money, and controlling trade. 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. Thus, Congress is strong because it has the power to actually make the laws, but it is weak in that it cannot really lead the people and get them to support a particular agenda. The president requests funds for numerous purposes, but it is Congress that authorizes that money to be spent and writes the check. In addition, although the president can veto the bills that Congress puts on his/her desk, the Congress can override the presidents veto with a super majority-- of the representatives in Congress must vote to pass the bill. Latest answer posted June 18, 2019 at 6:25:00 AM. The weakness on the other hand, is that the power is centralised in the executive arm of 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 . The Constitution which was written 229 years ago, comes with many strengths and weaknesses. 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 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. However, the American people view political parties as important in the effort to promote the American democracy in their many activities to get citizens to vote at the polls.The one strength of the political parties are to act as a bridge between the government and the American people as being biased to political views. There were many weaknesses of the Articles of Confederation.There was no national executive i.e. This allows the judge or jury decision to be as fully and fairly informed as possible. 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. However, amending the constitution is very difficult, and has become impossible in this era of intense political polarisation. 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. 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. In Federalist No. So thats why weve decided to make the ability to comment only available to our paying subscribers. 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. The dependence of the government on the will of the people is undoubtedly the best control, but experience teaches that other controls are necessary. This was a huge step because now a designated person has the control to make big decisions such as these. The new states needed to unify under one constitution and they needed to establish a soverign central government. This was done because the drafters of the constitution didn 't want any one person or group of persons to have too much power. Comments have been closed on this article. The President enforces the laws that the Legislative Branch (Congress) makes. The President has be tied down because of a "superman" identity (lecture 12/6/99). This is not the case now. Chief Justice John Marshall first brought up this power in the. 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. The Articles of Confederation was an agreement among the thirteen original states of the United States that served as the first constitution. Having experienced tyranny as subjects of the British Crown, the framers of the U.S. Constitution wanted to keep the federal government from becoming too powerful. The two Co-Kings. Another thing is they decide if laws passed by states are allowable by the constitution(wrote by Joshua Delorenzo.). The Constitution. Political and macroeconomic stability has become a major prerequisite for the rejuvenation of economic growth and plays a decisive role Despite these positive attributes, because the text of the constitution is impossible to change, it is incapable of adapting to the modern world. 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. 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. Furthermore, when parties have entrenched positions the public is adversely affected as the policies may be unpopular. One of the strengths of the legislative branch is that this branch makes our laws. Voting rights have been undermined, and many have been deliberately disenfranchised. 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 biggest weakness being that the national government could not force the states to obey their laws. The Judicial branch is the third government branch that is made up of different types of courts. Our summaries and analyses are written by experts, and your questions are answered by real teachers. 3 key strengths and 3 areas of improvement to focus on. Under the Constitution, the legislative branch is vested with what is called the power of the purse. That means that money spent by the federal government must be authorized and appropriated by Congress. Another weakness of the legislative branch is its increasing partisanship. 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). 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. It tried to give the states as much power as possible, but with this came many weaknesses. One body cannot pass legislation that becomes law. Having the language to do this helps a lot. While the strengths of the legislative branch are impressive, the weaknesses of that branch of government emanate from those same strengths. The Articles of Confederation gave Congress the power to pass laws but no power to enforce those laws. If the national government, for example, wants to implement a system of health care, it does. 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. Which already shows how important the judicial branch is. This was a problem because Congress couldn't enforce the states to pay taxes, and Congress could not draft an army which left Congress not knowing if they had an army if they went into war. Strengths Three branches of government Strengths Legislative has many powers Strengths Executive Branch led by president Strengths Judicial branch to review the laws Strengths Firm system of checks and balances Weaknesses Power held by the states Weaknesses One branch of government- Congress Weaknesses Legislative branch had few powers Weaknesses It also encouraged coordination and cooperation between different states and they can settle disputes between the states. Alexander Hamilton 's Federalist NO. Chief Justice John Marshall first brought up this power in the. 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. This branch interprets the laws and the state judges are elected by the citizens rather than being appointed. A growing weakness of the legislative branch is apparent in respective presidents use of executive orders to circumvent the Constitutionally established legislative process. This means that it is very hard for Congress to get out and lead people to support a particular policy. Those ads you do see are predominantly from local businesses promoting local services. Over the years, the history of the United States witnessed 45 presidents, which may be a sign of a healthy democracy. The Articles created a government in which the colonies - now states - retained most of the power. The United States Congress, by design the branch of the government most responsive to the public, is also arguably over-sensitive to the demands of that public, at least when it comes to spending finite amounts of the publics money. Some carry around a copy of the Constitution in their pocket. . We asked leading expert on constitutional matters Dr Mark McNaught of Rennes University to respond: AS someone who was raised in the United States and holds a Doctorate in Political Science, I have developed a keen appreciation of both the strengths and the weaknesses of the US Constitution. This fundamentally undermines the intent of the Framers in drafting the Constitution by allowing for excessive power on the part of the chief executive and majority party while ensuring that the minority party in the Senate cannot put the brakes on a drift towards autocracy through the minoritys final vestige of power, the Senate filibuster. The writers of the Constitution created this system to help ensure that the federal government wouldnt have too much power. The congress also could not force the states to meet military quotas, which resulted in no standing army. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused. However, one weakness of the judicial branch is that Congress can overrule their decisions. One strength of one of the three branches of government. 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. It doesnt have as many parts to it as the Executive and Legislative Branches. Carries out laws Raises and supports armed forces. No other branch of government can actually make laws. 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. 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. This site is part of Newsquest's audited local newspaper network. Not having the judicial branch, would. 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. Data returned from the Piano 'meterActive/meterExpired' callback event. No individual member of Congress leads Congress and can speak for the whole body. 78 paper describes the correct reasoning of as to why the judicial branch has the least power of all. What are the advantages and disadvantages of liberalism and radicalism? The Constitution addressed these problems are solved them. Strengths And Weaknesses Of The Judicial Branch What is the Judiciary branch? The United States holds numerous strengths and weaknesses. Before making any changes to the Article, 9 out of 13 states had to approve the law before it was passed. However, the lack of power given to the Congress, to avoid too much power, made it hard to do their place in government. Congress have some control this branch listed last on the U.S. Constitution. The Congress has no power to tax, which meant that it had to rely on the states to collect and forward taxes, which the states were reluctant to do, leaving the central government short on money.