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The federalists believe that the sovereignty of the people resided in which branch of government?
Wiki User
∙ 12y ago
If the answer to this question is to be inferred from the contents of the US Constitution, there can be little doubt that the framers, who were all in this respect "federalists (lower-case "f")," placed the greatest power and the final authority in the Legislative Branch, our US Congress. At the time that the Constitution was presented to the public (SEP 1787), it was obvious that the bulk (so to speak) of Federal power lay with Congress. Since the number of section and paragraphs in a given article can be misleading, let's consider something more concrete.
The copy-length - how long is each of the three articles dealing with the Federal Government's three branches - clearly shows where most of the framers' attention was focused and where most of the powers were specifically given. Based strictly upon the copy length of the first three articles, Article 3 (the Judicial Branch, the courts) composes just 10% and Article 2 (the Executive Branch-primarily the president) makes up only26%; a whopping 64% belongs to the Legislative Branch. Given that Gouveneur Morris and company wanted to be thrifty with their words, copy-length is a reliable gauge to determine the site of the framers' concentration.
But the true measure of the framers' investment of power in the Congress is found in the manner in which the Congress can (at least in theory) dominate the other two branches; 2/3 of each chamber of Congress, a level of unity that is seldom reached, can override Presidential vetoes, impeach and remove any and all Federal officers (each chamber, the House and the Senate, can expel their own members by the "magic fraction" of 2/3), and the Senate can approve Presidential appointees and ratify treaties with foreign nations All of this lies outside the wide scope of issues upon which it can pass laws, some of which might create or abolish a Federal office. Today the US Supreme Court seems to hold the highest level of Constitutional power, and yet Congress determines the numbers of cases that can reach the high Court upon appeal. What's more, the Senate can refuse appointments to the Court and along with the House impeach (accuse) and convict (remove) the justices. The system of checks and balanced gives the Executive and Judicial Branches some power over Congress, but these checks are balanced by the fact that acting with 2/3 unity, the Congress has almost unimaginable power.
Wiki User
∙ 11y ago
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Difference between legal and political sovereignty?
here are, many differences that distinguish political sovereignty from legal sovereignty. The author A.V. Dicey argued that legal sovereignty resided in parliament and political sovereignty rested with the electorate, because the electorate chooses parliamentary representatives. Political sovereignty is defined in terms of unlimited political power, while legal sovereignty is defined in terms of absolute legal authority. Legal sovereignty is to do with supreme power over decision making on certain political issues, whereas legal sovereignty is to do with supreme power with legal issues. Legal sovereignty is paramount control of the constitution and frame of government and its administration. It describes a self-sufficient source of political power, from which all specific political powers are derived. Political sovereignty also describes the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation. Legal sovereignty supplies the empowered body with the power to do everything in a state without accountability, to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations. In legal theory, sovereignty is the ultimate overseer, or authority, in the decision-making process of the state and in the maintenance of order. Legal sovereignty is the power to control parliament and have supreme legal control. Legal sovereignty provides absolute power over the judiciary and is located in parliament (with the Queen), as it can make and unmake laws, and cannot bind the hands of it's successors. Political sovereignty is the supreme control of political issues at home and abroad. When legal sovereignty is exercised, the beholder has the power to control the political structure of the country that they govern and the international political scene projected by their country. Political sovereignty can be gained by a large majority win at election time as the majority of the population favours this shows that the individual voted in. Political sovereignty differs from legal sovereignty in that it does not provide the power to control government. It also does not provide the beholder paramount control over the constitution and it's framework
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The Constitution of the United States of America is the fundamental blueprint of the US government system, and governs the relationship between citizens ("the people"), the constituent states, and the national government. It lays out a framework of government, consisting of a representative federal system whereby sovereignty is shared between the states and the national government, and details how the federal government is to be set up and run. It also outlines how power is to be shared between the federal government, the states, and the people. The Preamble to the Constitution can be seen as a statement of ideals and goals for the nation and its government system, and is used to guide interpretation of the rest of the Constitution. One of the more unusual features of the Constitution (particularly for the time period it was written in), is that is a limited government model: government is only allowed to do things explicitly designated as powers granted to it (or, powers which must follow to do something explicitly granted). That is, government does not start out with the ability to do anything, and then is forbidden to do things. Instead, it starts out with the ability to do NOTHING, and then is given the power to specific tasks. The People start out with the power to do ANYTHING, and then delegate to the government the ability to restrict these actions on a limited basis. This was virtually unique at the time, whereby most government systems (and political science theories of governance) presumed the opposite, that ultimate power (should) resided in the government, not the governed. ** not to be confused with the ship named USS Constitution (aka "Old Ironsides") built in 1797.
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Difference between legal and political sovereignty?
here are, many differences that distinguish political sovereignty from legal sovereignty. The author A.V. Dicey argued that legal sovereignty resided in parliament and political sovereignty rested with the electorate, because the electorate chooses parliamentary representatives. Political sovereignty is defined in terms of unlimited political power, while legal sovereignty is defined in terms of absolute legal authority. Legal sovereignty is to do with supreme power over decision making on certain political issues, whereas legal sovereignty is to do with supreme power with legal issues. Legal sovereignty is paramount control of the constitution and frame of government and its administration. It describes a self-sufficient source of political power, from which all specific political powers are derived. Political sovereignty also describes the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation. Legal sovereignty supplies the empowered body with the power to do everything in a state without accountability, to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations. In legal theory, sovereignty is the ultimate overseer, or authority, in the decision-making process of the state and in the maintenance of order. Legal sovereignty is the power to control parliament and have supreme legal control. Legal sovereignty provides absolute power over the judiciary and is located in parliament (with the Queen), as it can make and unmake laws, and cannot bind the hands of it's successors. Political sovereignty is the supreme control of political issues at home and abroad. When legal sovereignty is exercised, the beholder has the power to control the political structure of the country that they govern and the international political scene projected by their country. Political sovereignty can be gained by a large majority win at election time as the majority of the population favours this shows that the individual voted in. Political sovereignty differs from legal sovereignty in that it does not provide the power to control government. It also does not provide the beholder paramount control over the constitution and it's framework
How can you go about filing a claim for your deceased wife estate?
Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.
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resided He resided in the house two doors down from his mother.
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Articles of Confederation. It was replaced with the constitution.
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The new colonists resided in tents and cottages made of logs.
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Who were some leaders in the government of colonial Pennsylvania?
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