What I'm trying to figure out is, What is the highest law of the land? The Constitution of the United States, then the President, then Congress, then the Supreme Court?
What order should they be in? I know its a mix of "Checks and balances" but the President has ignored or bypassed Congress at least 750 times claiming "Executive Privlige"?
Or am I missing something here? Thank You
2006-10-22 10:45:36 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
1) The Constitution takes precedence.
2) The President does not make laws, that is the job of Congress.
3) The courts rule on constitutionality. That authority isn't in the constitution, it goes back to John Marshall in Marbury vs Madison. I don't think our founding fathers intended for so much power to be in the hands of unaccountable judges.
4) Presidents have calimed executive privilage for longer than I can remember.
5) Presidents issue executive orders. They do not take precedence over laws passed by congress & signed by the President.
2006-10-22 10:52:35 · answer #1 · answered by yupchagee 7 · 17⤊ 0⤋
There is no order. Technically, the Constitution would be the highest as it created the three branches. But they were created with checks and balances so no one branch would become too powerful.
The President can propose legislation, but Congress still has to approve of it. And, vice versa- the President needs to sign bills into law. The Supreme Court decides if these laws are constitutional, and can overrule both. However, amending the Constitution would overrule the Court. It's circular.
As for executive priviledge... that's probably another debate for another time.
2006-10-22 17:56:50 · answer #2 · answered by asoneill99 3 · 1⤊ 0⤋
The legislative passes the laws, the President approves the laws, and the supreme court validates the laws all are suppose to be adherent to supreme law of the land which is the constitution.
2006-10-22 17:51:08 · answer #3 · answered by Anonymous · 1⤊ 1⤋
The Constitution OUTRANKS all laws made by any"one" PERIOD.
This Constitution is what FRAMES our government and makes the President and his cabinet as well as our Congress and rest of Government.
The only way laws can come close to the Constitution is to be Ratified and added to the Constitution. Laws are challenged mainly by what they meant when "THE SIGNERS OF THE ORIGINAL CONSTITUTIONS SIGNED THE DOCUMENT, AND WHAT THE SIGNERS THOUGHT AT THAT TIME."
2006-10-22 18:02:39 · answer #4 · answered by AdamKadmon 7 · 0⤊ 0⤋
You are missing quite a lot. The President cannot "make laws" he only approves "bills" which have made it through the congress and senate by signing them into "law" or " vetos" them and sends them back to the legislature where it can be passed or not by another process.
2006-10-22 17:51:24 · answer #5 · answered by ©2009 7 · 2⤊ 0⤋
The U.S. Constitution is the supreme law of the land.
2006-10-22 17:49:03 · answer #6 · answered by GMoney 4 · 2⤊ 0⤋
This President cant do anything ethically or legally and just signed the military commisions act of 2006, a very very bad, unconstitutional law.
2006-10-22 17:48:28 · answer #7 · answered by soulsearcher 5 · 1⤊ 1⤋