Monday, November 12, 2012

Arguments on Three Federalist Questions

Judicial review became a major motive assumed by and vested in the arrogant Court. Thomas Jefferson, among others, look upon judicial review unfavorably. The Court in assuming the power of judicial review may collapse overstepped the boundaries proposed by the framers for the Court and outlined in the Constitution. Many consider this principle invests extraordinary and exceptional power to the judiciary, power that would place it supremacy in the delicate system of checks and balances that sits at the midpoint of the American governmental system.

Because the Supreme Court has the responsibility of rendition the Constitution, it is much more prone to be influenced by diametric interests groups on sensitive legislative issues from abortion to gun control. such(prenominal) social and semipolitical issues atomic number 18 often finally firm by the Supreme Court based on its translation or reading of the Constitution. This creates a conflict between prominent and conservative justices and interest groups who vie for influence with the Court. This is why republican or Democratic administrations often try to appoint justices that they cogitate will interpret the Constitution based on their give birth specific agenda and reading of it. certainly such power invested in the Supreme Court settles it far more stiff than Hamilton's view of it as the "least dangerous" branch


Lijphart, A. Unequal Participation: Democracy's Unresolved Dilemma. University of California, San Diego, American Political Science Review, 91(1), 1997, 1-12.

The electoral system is often label an archaic leftover of the Constitutional era. Many implore that small disk operating systems have an advantage by being given the corresponding number of Senators as larger states. Others contend that such an electoral system is not representative of the will of the people merely of the will of the electorate. This was most plainly seen in the last presidential election in which the man who lost the habitual voter turnout was judicially appointed as president of the U.S.
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Many argue that unbalanced participation in government via elections is one of the biggest factors undermining the meaning of political parties, election turnout, and body politic. As Lijphart maintains, "Unequal participation spells unequal influence?a major dilemma for representative democracy in which the democratic responsiveness depends on citizen participation" (1). For this dry land many argue that electoral system is in imperative need of modification. Many argue that a better rule of election that would involve more citizen participation would be to do away with the winner-take-all general ticket system. Instead, many feel that state electoral votes should be allocated based on the percentage of the everyday vote won in a particular state. For example, if a state has 20 electoral votes and the democratic candidate wins 70% of the popular vote and the republican candidate wins 30% of the popular vote, then the democratic candidate would get 14 electoral votes and the republican candidate would garner 6 electoral votes. Surely in the aftermath of the past presidential election, many are continuing to debate the election system and ways to make it more representative of citizen participation.

Unfortunately, as long ago as 1787, Hamilton and the framers repeated a lament about the inefficacy of political parties that is a tru
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