Anglais américain

...

WEEK 2 : THE FEDERAL SYSTEM

Motto of the US:

OUT OF MANY, ONE

E PLURIBUS: UNUM

1956: The Congress passed an act changing the motto; it became

IN GOD WE TRUST

horizontal allocation of powers:

most important: separation of powers at the naional level. The 3 powers can be found in the first 3 articles pf the C°.

Illustrated in Art1 sec°8

C° specifies the different powers given to the different branches of govt

vertical distinction of powers:

US C° creaed the federal institution by according two levels of power: National + and State level.

Relies in the 10th amendment. The power givent to the govt are in the C°; if not then it is reserved to the state or to the ppl.

ARTICLE 1 is dedicated to the legislative power/congress

The house of representatives is also called the Popular chamber -> it's members are directly elected by the people every two years at mid term elections (pres)

Each state has at least 1 congressman, depending on the size of the state. 435 members in total.

The Senate is also called the upperchamber.

2 senators per state, the term of office is of 6 years. Rolling system of elections. 1 out of 3 senators is subject to a re election every two years

section 6: senators+representatives are guaranteed immunity.

Section 7: Bills raising revenues should originate in the house of representative.

Section 8: The enumerated powers. Special powers given to congress. Regulation of foreign trades. Power to raise an army and to declare war.

Section 9: congress may W at...... ? ????

ARTICLE 2 in the C°, the executive power is represented by the president

his term of office is of 4 years and he is automatically elected with a vice president (always by his side from the beggining of the campaign)

The electoral process:

Electoral college-> each citizen in their state votes for their state's chair of electoral college.

-> each state is allocated a certain number of electoral college vote (ECV) which depends on the state's total number of rpztants at the Congres. 538 ECVs for all the US. The most populous state is California and has got up to 55 rpztants while least populous one have got 3.

The candidate who wins the most votes in a state has a plurality: he wins all of the ECVs in his state. -> A winner takes all system.

Section 2: The president is commandering chief of the armed forces.

Section 3: The prsdt may give to the congress some infos and may make recommendations to judges.

Section 4:Many powers of the prsdt are checked by both other branches. A prsdt can be impeached by the House of rpztatives and can be trialed for bribery, or any other high crime. If there's a conviction (apprved guilt) he can then be removed from his office.

ARTICLE 3: about the judiciary branch

The judiciary branch is concentrated in one supreme court.

It allowed Congress to establish inferior courts called Lower federal courts.

Supreme court: 9 members chosen by the presiden.

2 different type of courts: Courts of appeal and district courts=trial courts

Each state has it's own judiciary system, each state has it's rules of law.

Courts have jurisdictions above almost all matters; they can control the constitutionnality of a law passed by the federal/state govt.

The C° assigned the supreme court jurisdiction above certain (v precise) matters suchas the ones involving the Am gov + pbs between states + involving embassadors/ministers/consuls

ARTICLE 4: the FULL FAITH AND CREDIT clause

encourages a close cooperation between the states. Each states has to respect and recognize another's rules.

ARTICLE 5: Amending the C°

The process to chznge the C° has been made difficult. It's dependent upon super majorities: the amendment must be proposed either by a two third majority of the Congress, or by a two third majority of the Houses

Any amendment has then to be ratified by a 3/4 of the States: it actually never happened

Tho over 10K amendments have been proposed, only 33 ever gained the supermajority in Congress, among which 27 have been ratified by at least tje 3/4 required.

ARTICLE 6: the SUPREMACY CLAUSE

The C°+ the federal laws + the federal treaties = the Supreme law of the Land

In case of a conflict between the federal law and the state: the fed law wins.

Even State C° are subordonate under the fed.

ARTICLE 7: Ratification of the C°

WEEK 3: Article IV

The full faith and credits clause is the ilustration of the horizontal allocation of powers among the states.

C° imposes legal obligations.

Section1 : interstate protection. Prevents a state from trialing other citizens from other states in a discriminatory manner.

Some believe that the clause requires all citizens to be treated equally; others think that the citizens carry the rights allocated