The American constitution

Résumé du document

First and foremost, the Constitution gives a clear definition of the three main powers described by Montesquieu in Spirit of Laws. Let's remember that the United States of America is a country where a presidential regime predominates. To put it differently, it's customary to say that there is a strict separation of powers. Above all, the first of these powers is the legislative power. Indeed, the first article of the Constitution declared that the Congress had a monopoly over the legislative power. Of course, the laws voted by Congress shall remain subordinate to the Constitution. Besides, the first article explained that the Congress would be divided into two Chambers.

Extraits

[...] Admittedly, the various amendments of the constitution could be divided into three categories. Firstly, a concurrence of amendments proposed in 1789 created the Bill of Rights in order to ensure the civil rights and check the powers of the government: it may be significant to give the example of the third amendment of the Constitution which provided that no soldier could in time of peace, be quartered in any house without the consent of the owners nor in time of war. [...]

[...] Moreover, the role of commander in chief of the army has increased through the various conflicts where the USA was concerned. In other words, the founding fathers would be shocked by what the US presidency has become. Before the approval of the seventeenth amendment of the Constitution, the House of representatives was considered as more prestigious as the Senate. Today, the election of the Senate, based on universal suffrage, provides a wide influence to this House. To some extent, the mandate of the senators is longer than the one of the representatives, so while the representatives always have to take care of their re-election, the senators can really focus on legislation. [...]

[...] All things considered we can bow to the conclusion that the system of checks and balances described by the constitution makes compromise and consensus necessary. In addition to the fact that the Constitution was aimed at protecting grounded liberties for the inhabitants, it is worth noticing that it guaranteed rights for the various states of the federal union. This debate was approached in the fourth and the sixth articles of the constitution . II Drafters would turn in their graves It is generally believed that in accordance of its age, the Constitution of USA provided a whole stability in nation's institutional life. [...]

[...] I would rather tend to think that a final category contains amendments which have settled an evolution of the institutions. In support of this view I would like to focus on the process of the presidential election, modified by the twelfth amendment which defined that the election of the vice-president would be separated from the president one. It cannot be denied that the process of modification and ratification of the Constitution may be considered as difficult enough to have permitted a significant evolution of its. [...]

[...] Above all, the first of these powers is the legislative power. Indeed, the first article of the Constitution declared that the Congress had a monopoly of the legislative power. Of course, the laws voted by Congress shall remain subordinate to the Constitution. Besides, the first article explained that the Congress would be divided into two Chambers. On the one hand, each state would be represented according to its population in the House of Representatives, where the members would be chosen every second year by the people of the several states. [...]