Anglais cours premier semestre 3

4/ Understanding the Constitution
a) The specificity of federalism in the USA.
- A few general remarks:
Federalism implied a number of government where sovereignty is constitutionally divided into political units creating a federation. In American History, Federalists were always seen as proponents of strong federal government. The Anti-federalist favored a confederation, where the central government is weaker than in a federal state. They favored a confederation out of a fear to a return to a dictatorial form of government or a monarchy.
Each states was sovereign till the Constitution. A federal government was to unite and represent the states but not enough to supersede states governments. This federal arrangement was implemented trough a number of delegated powers granted to the constitution of the federal government, in particular to Congress. In American institution, Congress was the highest power. Another characteristic is the separation of power between the 3 powers. They were strictly separated. The States existed before, the US constitution did not insist on the notion of federalism. But the document contained many allusions to the rights of states toward the federal government. The federal government had the right to declare war, levy taxes. There were 18 of those delegated powers, and the 18th is very interesting, b/c it gives to Congress to vote any low which it will deem improper to ensure the forgoing powers. It increased the power of the Congress. It had been called the Elastic Close, b/c it increased the powers of the Congress. The powers that are not clearly delegated to the federal constitution nor forbidden to the states are reserved to the people or to the various states. The power of the federal government was extended by the different amendments vote by the governments: after the civil war, the black people were free to vote by example. Thanks to time the constitution of US was made very supple. In article 6, paragraph 2: the document establishes the Supremacy Close, according to which the federal status and the US treaties are the Supreme law of the land, even if some state law conflicted with it. The Supreme Court is guardian of the supremacy of the Land.
- Dividing and separating powers
B/c they (drafters of the constitution) were convinced that power was of an encroaching nature, the constitution provided for a very strict separation of powers, meaning that the president could not dissolve Congress, the Congress could not overthrow the president. Each branch of the government can limit and influence the limit of other power by a law: Checks and Balances.
- Practice of checks and balances
It was aim to made a security for each power to counter-balance others. The president has the power to “Veto”, he can refuse to sign a bill made by congress, if he disapproved with. But his veto can be overridden by a 2/3 majority of both houses. Nonetheless, it’s a weapon for the president to way on the work of Congress. The Supreme Court can make an act of congress unconstitutional. In the same way, the president may appoint the Supreme Court judges but he needs a 2/3 majority in the Senate. Congress has the power to impeach the president (Treason by example). The 2 houses have the power to impeach, each house initiates the process, then the Senate judge, and it’s the head of the Supreme Court who preside the Senate. The senators judge the person. By this play of counter-powers, the equilibrium is maintained.

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