Anglais cours premier semestre 7

Chapter four: The constitution and usage
Introduction
The United States Constitution is the oldest constitution still in usage. The constitution has been enforced. Originally, the Constitution was grown up for a farmer society of 4 millions people, but today work for an industrialized society of 300 millions people. It’s a key document that keeps changing. The amendments adapted the Constitution to modern day, and along by usage.

A- The practice of political parties
a) Choosing presidential candidates

Political parties where not mentioned in the Constitution. They were not regarded as a necessary component of a democratic and republican system. Yet, a number of political parties were formed. These parties have been accepted as a base of the nation law. They helped to change the constitution. They came up with the idea to select the candidates for the presidential election. At first, for half-century, a system of caucuses which was groups of senators and representative who met to choose the candidate. Under the Jackson presidency, it was a much less aristocratic and much popular government. With Jackson presidency, it was a change in the political moors. The institution of nearly universal suffrage among white males facilitated new political moors. Jackson favored a method of choosing candidates. In 1831, two political parties held convention to choose a candidate (Anti-Masonic party and the Republicans party). By 1834, the national convention had been accepted. In fact, the writers of the constitution did not event envisaged they would be candidates for the presidency. It was the political parties that came up with this method.

b) The Electoral College

The author of the constitution had mentioned that an electoral college that includes all grand electors was to elect the President. And each states was to have as many grand electors as it had representatives and senators in the Federal congress. Every four years, grad electors would be chosen, and they would meet to choose a President. The Constitution plan for presidential election was modified; b/c today grand electors represent political parties. Each state is entitled to a number of grand electors. The state of Oregon, by example they had 5 representatives and 2 senators and so they had 7 grand electors. USA has 538 grand electors today. Every 4 years, the Republicans and Democrats would choose 7 candidates for the run to grand electors. Suppose the Oregon had a majority of Democratic Party, the 7 grand electors would cast a democratic vote. So “the winner take all” system, so the people who voted Republican did not get represented. Some states had one representative, but other had 33 representatives. There are 455 representatives in the house. A sense carried out every ten years, the last years of the decade to possibly modify the number of representatives. The representatives are elected for 2 years, a very quick rotation. Senators are elected for 6 years, so the senate is view as more prestigious than the house and a more conservative house. Also, senators have among others powers, the power of advice and consent to the president, by example they can block the nomination of a Supreme Judge. They also had a lot of clout in foreign affairs, b/c they signed the treaty. They are not limiting to the numbers of terms senators or representatives can be elected. Individual state cannot amend the constitution. There are still no limits of the numbers of terms.

B- The executive branch

There is an indirect suffrage, where people voted in the states on a winner take all system, that even a plurality is not enough to carry all states and cast the votes of the grand electors. It has become crucial to the candidates to win the states with a large number of grand electors. But the problem of this system came from the fact that a candidate can win the presidential with only the biggest state supporting and not the main population. So the Electoral College meets in December to elect the president, and he takes office on the 20 of January.

Under the Constitution the main power of the president are: commander in chief of the Army, Navy and Air force. But only Congress can declare War. He has the power to submit a legislative program to Congress and he can recommend the adoption of the Program. He appoints ambassadors and Supreme judges. He needs 2/3 of the Senate to confirm his nomination of a Supreme Court’ judge. So his power of advice and consent is important. He also had the power to veto bills. Then bills who had been vetos are to be over right, to do so they need 2/3 of both houses. The president can slow down the legislative progress. Over the years, the president of the USA has become the president of his party. It gives him an enormous leverage, sins first of all, he decided who is the political candidates of the party, and also he definite who get the money and how they organized the party to get money. In 1996, the president had obtained the “line-item” veto; which was a partial veto. It allows him to veto only a section of a bill but not the all bill. This was regarded has an expansion of the presidential power, but it was struck down in 1998 by the Supreme Court b/c it’s break the separation of the powers. The 9/11 broad again the problem of terrorism and foreign relationship, this has increased the presidential powers, which cause some people to allude to an “Imperial presidency.” Both external events and of course the personality of presidents had modified both executives and Congress.

a- Custom and the Presidency
Through usage, many customs had become in fact as forceful as laws. By example, it is the role of the Cabinet. Washington inaugurated it when he came to power. According to custom, the Cabinet is what the president makes of it. The advisors of Bush by example had too much clout. We may found this is excessive. On the other hand, Jackson dropped all Cabinet meeting as soon as he entered presidency. Kennedy used a cabinet with a lot of experts; he was the first one to inaugurate the use of experts in a Cabinet. Another example is the inaugural address. The speech delivered by the president when he takes oath of his office, he knows delivers an inaugural address to show his political view.

b- Customs and Congress