Constitution Case

In the beginning before the Constitution was prepared, the founding founders were troubled about how to resolve the issue of a weak central administration. The Federalists and the Anti-Federalists had different philosophy and views in regard to the issues at hand, but had the common objective of ensuring the administration would be protected against any association having the ability to become overpowered by another. The reason America's forefathers divided the government into the three branches; Legislative, Judicial and Presidential (Executive) are because as a country we are very sensitive to us being called a "national government", so we decided to become a federal government. With that happening the powers of the United States were not reduced. A national government means that there was a central government that had power over all of the states. "Federal government was a government formed by the association of states, which gave up none of the powers (Fritz, 1987, pg. 46)".

The United States did not want to be a administration like England. The United States did not want a dictatorship or monarchy when they gained freedom from Britain. The United States forefathers wanted to make a administration that promoted a majority rule, but also has restrictions on the amount of power of the majority. Under the Articles of Confederation, protecting the rights of the people and building a strong centralized administration was necessary. This is why the United States adopted the legislative, judicial, and presidential branches. Each branch holds both power and restrictions while working together, called a checks and balance system. The first three Articles of the Constitution list the responsibilities of each branch. The legislative branch writes and ratifies laws while the judicial branch promotes justice and dispute resolution. Finally, the executive branch handles the management of the state.

The first branch is the judicial branch also known by the name of the court system, is authorized to decide whether the laws of the administration follow the constitution. It is liable for trying and sentencing lawbreakers which can also include congress associates. The judicial has the power to upend laws or ruling which it finds to be in disagreement with the constitution.