CHAPTER 2: INSTITUTIONS OF THE UNITED STATES
The 13 English colonies on the American continent became independent on July, the 4th of
1776. The writers or the declaration of independence were strongly influenced by ideals of the
Age of Enlightenment (18th century)
The period was marked by political aspiration toward the government or consolidation nation
creation and greater rights for common people. Reason was advocated as a primary source
and bases of authority. In the US a new democratic order was established based on the
Constitution of the US which is the supreme law of the land.
1/ The Constitution
a/ Birth of the Constitution
Because of the defect of the articles of confederation written in March 1781 to organize
politically the 13 original states, the US called for a convention to revise the article of
confederation. The convention took place in Philadelphia from May to September 1787 and
delegates from the states discuss the content of the new constitution signed on September the
17th of 1787 and was sent to the states for notification. The Constitution was ratified on June
the 21th of 1788 (officially)
b/ The funding principles
The Constitution was based on the English law none as “common law” it was also inspired by
18th century philosophy and thinkers such as John Locke and Montesquieu.
John Locke (1690):
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Protection of mans natural rights
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Limitation of the power given to government in order to avoid tyranny
Montesquieu (1748):
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Separate and balanced power
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A system of mutual checks
The Constitution is based on 4 mains principles:
 Republicanism and popular representation (proper representation of the people through
the legislative assemblies, direct suffrage, universal right to vote and limitation of elective
terms)
 Separation of powers (protection against an excessive concentration of authority)
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 Federalism (a few explicit and exclusive right reserved for federal government all other
right rest in the 50 states)
 Defends of personal liberties (those personal liberties are enumerates in the Bill of
rights that represent the first 10 amendments to the Constitution)
Learn the 1st, 2nd, 5th, 8th, 10th, 13th, 14th, 15th et 19th amendment, WARNING EXAM!!!!
c/ The Text
The Constitution contains only 7 articles: As early as June 1789 the need for a Bill of right
arose and on September the 25th of 1789 the first ten amendment were adopted by Congress
because a few states has been reluctant to ratified the Constitution or they thought it would
encourage the centralization of power.
The Bill of right was ratified on December the 15th of 1791.
The aim of the Bill of right is to protect American against possible abuses of authority on a
part of the government. So far the Constitution has been amended only 27 times and the last
time was 1992.
For an amendment to be proposed, a two-thirds majority is required. Then the text is sent to
the states for ratification, if three quarters of the states approve of the text, the amendment is
adopted and added to the Constitution.
2/ Government
a/ Legislative power – the Congress
The role of the Congress is to draft (= rediger) and vote the nation laws. The US Congress is
composed of two assemblies: First the House of Representatives (there are 435 members,
each state has at least one representative. The representation of states is proportional to their
population. Representatives are elected by means of universal suffrage and serve a two-year
term. There is no limit to the number of turns. Debates are presided over by the speaker of the
House of Representatives who belongs to the majority party.) And then the Senate (There are
100 senators, 2 per states. Senators are elected for 6 years by universal suffrage. One third of
the Senate is renewed every two years to insure political security. The president of the Senate
is the Vice president of the USA (Joe Biden at the moment). Usually the president of the
Senate does not take part in votes. Yet in case of a tie the vote of the vice president is
determining.
The Constitution enumerates the different powers of the Congress
(Ex: taxation, trade, army, diplomacy and budget)
Congress may also exercise the right of impeachment against high federal official and the
president.
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(Impeachment = it’s an act of accusation in case of corruption, treason or misdemeanors. The
president can be removed from office if is charged with misconduct.)
The legislatives procedures: (Bill = projet de loi ≠ Law = loi)
Bills are first examine by the committees then they are sent for debate to the house of
representative and then to the Senate, where a majority of vote is required (50, 1%). Finally
the Bills are sent to the president whose signature turns them into laws. If president vetoes a
bill, Congress may overrule the veto by a two-thirds majority in both houses.
b/ Executive power – the President
Under the constitution, a president and a vice president called “the presidential ticket” are
elected jointly for 4-year term. A president can serve only 2 terms (22nd amendment in 1951).
The Ticket runs for one of the two parties (democratic / republican). The vice president
besides being president of the Senate substitutes for the president in case the president dies,
revised or is incapacitated.
The president has exclusive powers and powers that he shells with Congress. The president is
the commander in chief of the arm forces. The president can pardon people for offences
against the USA. The president appoints (=nomme) federal officials and Supreme Court
justices with the consents of the Senate. The president gives the states of the Union address
before Congress every year, usually in January. The states of the Union address is a speech in
which is presents his political agenda.
c/ Judicial power – The Supreme Court
The Supreme Court exercises control over the laws voted in Congress by reviewing the
conformity with the Constitution. 9 judges called justices sit in the Supreme Court. They are
appointed for life by the president with the consent of the Senate. They cannot be replaced
except by process of impeachment, or if they die or resigned. The Supreme Court is presided
over by the chief justice.
3/ Check and balances.
Each branches of power has a control over the other two in order to avoid totalitarism. The
president can veto a bill but Congress can overrule the veto. Congress can impeach the
president on condition that the House of Representatives should approve the article of
impeachment and the Senate should confirm the decision with a two-thirds majority vote.
The president nominates justices with the consent of the Senate but since judges are appointed
for life they can control the laws passed in Congress and the President decision without
fearing they might be dismissed
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