Role of Government
You detect correctly young Jedi, that's my M.O.
http://usgovinfo.about.com/blctjurisdiction.htm
The Constitution of the United States is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’ s right to freedom. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government.
That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government. The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution.This power of “judicial review” has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a “living Constitution” whose broad provisions are continually applied to complicated new situations.
While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions. Moreover, many of the Founding Fathers expected the Supreme Court to assume this role in regard to the Constitution; Alexander Hamilton and James Madison, for example, had underlined the importance of judicial review in the Federalist Papers, which urged adoption of the Constitution.
Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people. And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process. If every constitutional question were to be decided by public political bargaining, Madison argued, the Constitution would be reduced to a battleground of competing factions, political passion and partisan spirit.
Despite this background the Court’ s power of judicial review was not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison. In this decision, the Chief Justice asserted that the Supreme Court’ s responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. That oath could not be fulfilled any other way. “It is emphatically the province of the judicial department to say what the law is,” he declared.
In retrospect,it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution. The Founding Fathers had wisely worded that document in rather general terms leaving it open to future elaboration to meet changing conditions.As Chief Justice Marshall noted in McCulloch v. Maryland, a constitution that attempted to detail every aspect of its own application “would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind ... Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.”
The bold points indicate the areas where most conservatives find themselves to be lacking in comprehension.
Yeah Doug, what are you thinking? - we'yall don't want to have to read any actual information, or actually think now would we y'all
Hi John - I am glad you post here, you brighten the place up !!
It is unusual to see someone with such a lack of grasp on reality you sound like one of those missionaries explaining to the native that taking all their gold is for their own good and their reward will be in the kingdom of heaven
- yep - a queue of trolls
Reminds of me the relationship between government and industry!
- Madame Xposted 14 years ago
0How pleasant you are, Ron
Don't tell me you haven't figured it out yet . . .
Well done Ron - you seem to have got its three faces to appear here at the same time
Remember to take your meds, dear
I almost fell out of my chair!
- Madame Xposted 14 years ago0
The rich and upper middle class business people pay little tax.
As a kid in my early twenties I built a very profitable business and was happy to be paying 46 cents in the dollar tax.
I took some holidays and decided to appoint an accountant to control the finances in my absence.
My accountant told me you are paying too much tax. I said that is what I owe.
He told me that under the law it is my right to reduce my taxation legitimately and that I should do so.
After my business was made a PTY LTD company and was restructured I paid almost no tax.
I later learned of other larger businesses with hundreds of millions in profits paid none!
The rich do not generally pay much in taxes at all in my experience, and the mechanisms to avoid tax are still in place in most developed economies as far as I know.
All you need is to be big enough to take advantage.I guess that will be Ron's big brown dog then
Oh, yeah!
I won the Daytona 500!
It must be true cuz I sed it!
First hand experience is not fact?
You provided the tax scale!
You have to be in the tax scale to pay tax.
The people I saw simply changed their position to have no exposure to tax, just like they do today!
- Not just a tax-audit!
Yep, in Australia. I employed many people as well, and for about 25 years.
I wound down my corporate structure to one company and a legitimate family trust when I opened my business consultancy with my other businesses running under the one structure through my nicely written 4th schedule.
I did not mind paying tax, hell I was poor before I started my businesses so paying tax seemed fair to me. I had been poor and did not mind if the poor were going to eat too!
- Madame Xposted 14 years ago0
Related Discussions
- 182
Is the Separation of Powers BROKEN in the USA?
In a true democracy there should be a separation of powers between the Juridical, Executive and Legislature. No democracy is perfect, but how imperfect is the American democracy?While browsing the web in relation to a question on the Separation of Powers in the USA (in another forum) I...
- 76
"A Republic, if You Can Keep It"
America is NOT a democracy! To understand the difference between a democracy and a REPUBLIC, read on, and you'll realize why the health care bill is unconstitutional!"A Republic, if You Can Keep It" Written by John F. McManus Monday, 06 November 2000 11:31 The...
- 174
Could Texas Lawsuit Overturn Presidential Election?
Texas Files Multi-State Election Lawsuit, Ensuring That Fraud Is Heard By SCOTUS NowOn Monday, just before midnight, the State of Texas filed a lawsuit that is far more important than all of the others surrounding the presidential election of November 3rd.Texas brought a suit against four states...
- 382
Donald Trump Supporters/Voters Disenfranchised in Colorado, Who's Next
Which State will be next to decide that their leaders and their State's Supreme Court are more mighty, more powerful than the U.S. Constitution and the Power, which, by design and by LAW, belongs with the American people? That's what this is.....right? A power trip? Let's be the one to outdo all...
- 53
Religion and the Presidental Races
For some reason I've been getting emails from Mike Huckabee, running for President. They include such statements as:"I, Mike Huckabee, pledge allegiance to God, the constitution, and the citizens of the United States.""I will stand for the sanctity of all human life from the...
- 152
Our Founding Fathers Were Not Christians
Were the founding fathers of this country Christians? I have always been under the impression that our country was founded by people who were escaping religious persecution. Why then, do so many people claim that this country was created under Christianity? I could be wrong, but I...