The Legal Approach Of The American Constitution - 889 Words

The Legal Approach: This approach is very tricky to control the president, and therefore, it is very important to block and prevent any tyrannical regime because it is all about laws and legislatures. In here, the American constitution is very important and leads the way. It shows that how the constitution plays a role in presidency. Through this, the significant advantage of this approach is that the president and his or her presidency is controlled by the constitution, laws, legal precedents and customs. The legal approach limits the power of the president, and put some boundaries of the presidential warrant, reach and powers to prevent any tyrannical kind of regimes. This approach also determines that how a president uses his or her authority with other branches of the federal government, such as judiciary, the congress and bureaucracy. The Institutional Approach: The Institutional Approach is a traditional old and significant one that affects the attitudes of the president towards the institution of the presidency. Because of this, this approach deals with legislature, executive, judiciary, political parties, interest groups, and the president himself/herself. â€Å"The presidential institution exists to handle three sets of responsibilities, regardless of who is president: policy issues, political targets, and the daily workload† (Nelson, year, 41). Of course, the presidency as an institution is very important. Also, a president plays an important role in this institution.Show MoreRelatedThe Debate On Constitutional Interpretation1730 Words   |  7 PagesThe debate on Constitutional interpretation is far from a new one. For years, the argument over how the Constitution should be read has varied, from the strict textualist approach to the most lenient, the instrumentalist position. The Constitution has lon g been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this country’s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalismRead MoreA Biographical Report on Justice Antonin Scalia and the Effect of His Decisions1195 Words   |  5 Pagesarticulate, forceful, cynical, irreverent and sometimes scathing aptly describes Antonin Scalia. Esteemed to be the only son of S. Eugene and Catherine Scalia, born in Trenton, New Jersey and raised in Queens, New York, Antonin Scalia is the first American of Italian heritage to serve on the United States Supreme Court. A graduated valedictorian of St Francis Xavier, a military prep school in Manhattan, New York, Scalia was soon to reach the pinnacle of his academic life as a student when heRead MoreRole And Functions Essay875 Words   |  4 Pagesof the judiciary are to (1) apply rules of law and principles of equity equally to settle cases and controversies, and (2) review the decisions of trial courts and the actions of the other branches of government to ensure they comply with existing legal and constitutional requirements.† (V.S.P. Melvin, McGraw-Hill Company, 2011) The court system effects businesses in and consumers in various ways; it can protect the consumer from being taken advantage of by a business weather it is providing a serviceRead MoreThe First Year Of The Magna783 Words   |  4 Pagesa written constitution has resurfaced, paving way for contrasting arguments relating to the need for modernisation in the 21st century, against the need to retain tradition. 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In this essay, we will look at threeRead MoreThe Legal Model, Attitudinal Model And Strategic Model Essay1380 Words   |  6 PagesUnit 8 Assignment: Short Answer Question 1 Answer: Legal cases are generally decided upon when a judge applies the law to the facts of the case; however, the Constitution is ambiguous which means it can be comprehended differently. The way the Constitution is translated in today s society and applied to modern laws is a responsibility that the Supreme Court justices must uptake. Many factors are believed to play a role in how exactly justices finalize and make their decision, which is why politicalRead MoreThe Natural Born Citizen Clause800 Words   |  4 PagesUNDERSTOOD IN EARLY AMERICAN AND BRITISH COMMON LAW WOULD REFUTE SENATOR CRUZ’S CASE THAT HE IS A NATURAL BORN CITIZEN WITHOUT CORRESPONDING STATUTES MAKING AN EXCEPTION. The modern conventional wisdom of the phrase â€Å"natural born citizen† in the presidential eligibility clause referred to anyone who was a U.S. citizen at birth either by a U.S. statute or via the Constitution. The Constitution has no â€Å"definition† section, and subsequently the Supreme Court has stated that when the Constitution is silent theRead MoreThe Supreme Courts Involvement with Abortion Essay examples1384 Words   |  6 Pagespublic policy carved such an unmistakable social divide. Never before has a public policy spurned so many questions about social and political standards of American culture. To understand the abortion controversy and ultimately the Supreme Court’s involvement and decision in Roe v. Wade, the roots of abortion must be examined. The American public turned to the Supreme Court to seek a resolution for the abortion conflict. Interest groups from both sides of the abortion spectrum realized their abilityRead MoreJustice Scalia Often Uses The Texualist Approach When Arguing925 Words   |  4 PagesJustice Scalia often uses the texualist approach when arguing for the text of the Constitution, but sometimes, as Scalia would argue, the text isn’t straightforward. In R.A.V v. City of St. Paul, Scalia authored the opinion of the Court, in which he argues that free speech is protected under the Constitution, unless it falls under a very narrow set of exceptions. According to Scalia, some content can â€Å"be regulated because of their constitutionally proscribable contents (obscenity, defamation, etc