Cody asked in Arts & HumanitiesHistory · 1 decade ago

U.S. History/ Governement Constitutional Principles?

1.)Seperation of powers

2.) limited governement

3.judicial review

describe two events that affected each principle.

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    A great example of Separation of Powers at work is the Hamdan vs Rumsfeld case. In this case, President Bush (in 2001) enacted a presidential order entitled "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism". This order stated that it was unnessary and burdensome to try war captives from Afghanistan and Iraq (residing in Guatanamo Bay) in US District Courts (Executive Branch). In late 2001, Salim Hamdan was captured by the Afghanis and turned over to the US, and subsequently transferred to Guatanamo Bay. In 2004, he was formally charged with In 2004, Hamdan was formally charged with conspiracy "to commit . . . offenses triable by military commission." Hamdan's lawyers filed for a writ of habeas corpus. He essentially claimed that his trial by Military Commission was illegal because of three reasons. First, his military trial's procedures deviated from those procedures that Congress enacted in the an earlier law passed that is called Uniform Code of Military Justice. He also argued that "conspiracy" had never been a war crime, and lastly that his military trial would break rules established in the Geneva Convention. The US District Court agreed with Hamdan, however, this decision was reversed in 2005 by a Three Judge Court of Appeals. The Supreme Court agreed to hear the case and decided in favor of the plaintiff, Salim Hamdan. This is a perfect example of all three branches working with and against each other.

    2. Limited Government: The Idea of Limited Government is present in the US Constitution, especially in the Bill of Rights. Any ruling in favor of freedom of expression, religion, or speech is an example of Limited Government. The idea of Limited Government also plays a role in states rights, and requires the federal government to defer certain issues to the states themselves. An example of a case that was overturned by the Supreme Court was the Jerry Falwell vs Flynt and Huster publications case. They overturned a ruling in favor of Falwell because it was deemed that Flynt and Hustler were protected by Freedom of Speech, specifically because what Hustler publications said about Falwell was not considered believable by reasonable people. Another event that shows limited government is the drinking age. The legal age to drink in the United States is set by the state governments.

    3. Judicial Review- Is the power of the Courts to strike down a law that is unconstitutional. The US Supreme Court first exercised judicial review 1796, in the case of Hylton v. United States, although the rationale for using it had been laid in Federalist No. 78. Hylton v. United States was the first instance in which the Supreme Court evaluated the constitutionality of a federal law. In Hylton, the legislation, a carriage tax, was upheld. In a later case that year, Ware v. Hylton, the Ellsworth Court determined The Treaty of Paris took precedence over an otherwise constitutional state law and nullified the law.

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