The Legislative
Process. (n.d.). Retrieved January 01, 2018, from https://www.house.gov/the-house-explained/the-legislative-process

 

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            The
three branches of the government are the Executive branch of the government
which direct authority comes from the president of the United States, who runs
the executive branch and enforces the laws that judicial branch of the
government, The judicial branch of the government which, authority comes
directly from the supreme court who has a line of nine supreme court justices. Those
justices are in power with protecting the Constitution of the United States.
The legislative branch of the government direct authority comes from the United
States senate and Congress. The Congress and senate are the ones who revise,
create and remove laws and amendments. My plan would the three sections of
government with reviews of all branches. The Executive branch plan would be to
review how much access the president would have for creating healthcare and
financial issues for the government. For the judicial branch of the government
the review on what types of procedures can be use when policing and prison
penal systems. The last review is in the legislative branch of the government.
My plan would be to add a vote breaker system for when the senate and house are
tied on passing a law or amendment. This system would allow the tie breaker to
go to the speaker of the house or the senate majority leader and if the tie can
not be broken then the president of the United States has a say on it.

            The
first path that would be needed to pursue an amendment of the U.S Constitution
is placed threw a simple majority (218 of 435),the bill moves to the senate.
The second path is the bill reaches house and a simple majority (51 to 100),
passes the bill,(House of Representatives, 2018).

             In view of the canons of construction and
interpretation, The first thing that would need to be considered for
considering language to amend to the constitution would be, to make sure that,
the suggested drafted amendment does not violate the Constitution of the United
States. The second key consideration is to make sure that the amendment does
not violate any laws. The last key consideration is making sure that the
amendment is simple to follow and benefits everyone from the local to the state
government.

            The
reasons for amending the United States constitution versus passing a law is
very necessary. The process for amending a United States constitution is a lot
easier to start and complete. The process for adding, removing or changing an
amendment is started by, creating joint resolution in the House. Once the resolution
has been placed for vote, only 2/3 of the majority vote is need from the house
to send the process to the senate. Once the 
senate receives the joint resolution, the same process is needed for
senate. The senate must also have the 2/3 majority vote and agree on the same
principles. Once that has occurred the resolution goes to the president who can
agree, veto the resolution or disagree all together. The final process the
joint resolution starts with congress. The process has two possible options.
The first one is, that the congress will send the proposed amendment, and it
will be directed right to the state legislatures. Which means that, 3/4 of the
state legislatures must vote to ratify the amendment for it to take effect. The
second choice is, the senate will take the proposed amendment, and will send it
to the state conventions. This means that, 3/4 of the state conventions must
vote to ratify the amendment for it to take effect. Passing a law works
differently than changing amendments. Passing a law requires the subject idea
of what should the law be. According to house of representatives, Then the next
the law is researched and then assigned to a committee for study. The next step
the bill is placed on a calendar for vote. The law must pass majority vote
before it can get to the senate. Once the law has reached the senate, the same
process of a majority vote is needed before it can reach the final stage. The
final stage of this process is the senate and the house have a final agreement
and then the law is placed in front of the president for the signature of
approval. The president has ten days from the time the law is placed on his or
her desk. The Marbury versus Madison decision helped shape the limits that the
major branches had on the government. This case also help cite a review on
judicial power. The case Marbury versus 
Madison was the land mark case where William Marbury who appointed
justice of the peace by then president John Adams. The issue with Marbury’s
appointment was that it was never legally delivered by president John Adams.
William Marbury had wanted to know why his appointment for justice of the peace
was not held up by president Adams. Marbury had petitioned the supreme court to
force proof of him being appointed by the president. The new secretary of state
at the time James Madison refused to provide the documents that would show
Marbury’s appointment. The courts would refuse to force Madison to provide
documentation on the appointment. Marbury would lose his petition, but later a
law was passed to get rid of abuse of judicial powers and a judicial review was
created. The U.S term limits versus Thornton
case is a landmark case that was
an issue in regards to term limits or requirements for membership of the
congress. How the case came about, Amendment 73 In Arkansas state assembly
created an amendment that restricts any one who has severed three or more terms
in the senate office or congressional office from running again. Soon later,
this rule would be rescinded and modified because it interferes with the people
being able to select the senate and congressional members.

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1/1/2018

CJ320 American Constitutional Law
week 4 assignment

CJ320 American Constitutional Law

AC1503538

Bryan Mccall