American Law 15.10.2011

N"hésitez pas à me demander si vous avez besoin d'explications pour les abréviations.

Bills originate from several sources but mainly individual members of Congress. Bills might be brought by Congress by a constituant or by a group of constituants. Also, a bill can be submitted to a member by one or more state legisltators or the president or his admin can suggest bill. A bill can be introduced in either house a bill must be eventually pass both houses to become law. The exception is the bill for raising revenue must originate in the house and never in the senate.

Commitees

Both houses of congress, the house and the senate, are divided into large groups called commitees with most commitees which are divided into subcommitees. Once a bill is introduced, it is assigned to a commitee. Then a bill is scheduled to have hearing at which time witnessees may be called to testify as to why a bill is needed and subcommitees memebers ask questions to determine the need or validity of the bill. If the bill is defeated in the commitee vote, it dies. If it passes, a commitee report is attached to the bill and the bill is sent to the floor. ( How a bill becomes law – document). Either the president signs the approved bill by the Congress or the president has 10 days excepted sunday to exercice his veto power. If he doesnt respest that time, the bill becomes law if congress is still in cession or the bill is automatically vetoed if congress is not in cession ( it is the pocket veto). Veto power allows the president only to approve or reject a bill in total earning that he cannot cancell a part of a bill and approve another part ( the line item veto). The president's veto power doesnt authorize him to amend or reppeal part of the bills passed by congress. Line item veto is unconstitutional.

Also, under article 1 sention 7 : congress may overide the president's veto by 2 third vote of each house. Non germane amendment : bill not related to the purpose of the bill.

Article deals with the Article 3 : judicial branch of the US government.

Section 1

The judiciary possesses the inherant power to interpret the law. It is called also the judicial review and it was implemented for the first time in the decision Marburry versus MADISON ( US supreme court decision that conferred that upon the same court the possibility to declare constitutional or unconstitutional all laws and acts eminating from the fed government) It was a precedent and then there was Fletcher verses peck. 1910

Article 3 : established a ground from federal juridictions also guarantess trial by jury in all criminal cases, it defines the crime of treason and confers upon congress the duty to provide a punishment fro treason. Also, it defines and describes the court systemincluding a usa supreme court on which only one may exist at the federal level ( one supreme court). This articles confers upon congress the power at its discretion to create lower courts whose judgements and orders are reviewable by the us supreme court.

Article 4 section 2 clause 1

It guarantees a republican form of government under its section 4. It provides for the admission of new states as well as the government of territories. The relation between the stare providing that full faith and credit shall be given in each state to the public acts. This full credit prohibits any state from discriminating againsts citizens of other states or acting ...

Article 5 : lays out the procedure for amending the us consitution

6 : States that the constitution and the laws and treaties of the us are to be the supreme law of the land and the judges in every state shall be bound thereby anything in the law or in constitution of any state not with standing? It actually establishes a hierarchyof laws with a specific status for each level. Hence the term of supremacy clause placing the us constitution at the top of the pyramid. It requires all legislators, federal agents and judges to affirm their support of the constitutional

7 : The final article lays the groundwork for the ratification of the C

II Separation powers and the system of chekls and balances

These two things among the 3 branches of government. The concept derives of the writing of Locke etc..However, the idea as understood in the us is less one of strictly separated powers but more spreading powers among the branches. we can establish that the C never contains an express injunction to preserve the boundaries of the 3 broad powers to grence wich are leg jud and ex powers. Also, it doesnt expressly state the need to maintain the system of check and balances. Nevertheless, it grence to 3 separated branches, power to legislate adjudicate and execute and the C provides the means by which each of the branches can resist the incusion of the others.

Different conceptions of the separation principles before the phil convention of 1787. When the colonies separated from GB following the revolution the tradition of the separation of powers could be easily found in the state's constitutions. The first example of the constitution of Virginia 1776 : " The legislative executive and judiciary departments shall be seperated and distinct so that neither exercicers the powers properly belong into the other nor shall any person exercice the powers of more than one of them at the same time" second example : massachussetts cons of 1780 : The legislative department shall never exercice the executive or judicial powers or either of them. Etc....To the end, it may be a government of laws and not of men. Some other sate did not apply the strict separation of powers : examples :

In new Jersey, the governer also functions as a member of the state higher court and also as a presiding officer of one on the house of the New Jersey legislature.

The 1787 phil convention and the drating of the constitution put an end on the federal level to these different conceptions. Federalist paper numer 51 ( James Madison). This principle of chack and balances is to provide for 3 branches of the government. The possibility to limit the powers of the other 2 so that none may become to powerful. Each branch has different number of tools to check the powers exercized by the other branches.

Illustration of the way laws federal are made :

The legisltive branch introduces a bill and votes on it. THEN, is it to the predideny who has 10 days to sign a bill whether to accept it or not. The legislative bracnh may override the veto with 2/3 votes. Once it is passed, it can still be challenged in the courts by judicial review. IF a law is believed to cause harm or infringe constitutional rights a lawsuit can be filed. Auguments are made for and against the most convincing arguments. The long part can apply to a higher court and may eventually reach the us supreme court. Nif a legislative doesnt agree witg the way in shich the judicial branch interpreted the law, it can simply introduce a new piece of legislation.

To retrain abuse another branch !

Legislative branch and checks on executive

Impeachment power for the house of representatives.

Trial impeachment :

Selection of the president by the house of representatives and selection of the vide president by the senate if no majority of electoral vote is established.

Power to overrride presidential vetoes

5 : senate can approve or not treaties and ambassadors

power to declare war

1 senate aporoval of federal jusges

2 senate can initatie constitutional amendments.

3 set up courts inferior to the supreme court

alter size of the supreme court

legislative branch has also the power to legislature themselves.

Requirements for bills to be passed by both houses of congress rule the revenue bills must originate....

Executive branch on legislative

• veto
• role of the vice pres which if the pres of the senate
• president is commander in chief of the military

Ex on judgements

• appoint judges
• pardon power

ex on ex

because the vice president and the cabinet have the power to vote that the president is unable to discharge his duties.

Jud on leg :

• ex : jud review : courts deterine wether a law is contitional but it also determines how congress meant the law to apply

JUD ON EX :

• jud reviewable
• chief justice of the supreme court is the pres of the senate during presidetial impeachment.

Fed gov was not granted a general power but inemurated power and implied powers; oNly within these powers did the fed gov has authority but

The elimitation did not seem sufficient. Some states were not sure that its individuals were protected enough against the fed gov. Fed and anti fed came to a compromise : a first task of congress after the ratification by the state of the us constitution would be to write a charter on human rights. The purpose of that charter was to curtail federal power and above all to inscribe into the C the rights and previents of citizens.

Art 5 of the C

For an amendment to be added, 3 4 of state must be ratified.

It can be reppealed by another amendment. The charter on human rights was called the bill of rights and was ratified by the states on december 15 1791

State governments were not required to comply at first with the provisions of the bill of rights. On ly the fed gov was submitted to its provisions. Ex : words of the first amendement : congress shall make no law. But, when a law burdens a fondamental constitution lly protected right, this doesnt not mean that a law is automatically invalidated, it is the court that decides if the text is constitutional or not.

I Overview of the bill of rights

Amendment 1 : Protects the freedom of religion of speech and of the press and the right of the people to peacefully assemble and to petition government for the redress of grievances ( freedom of association). Freedom of religion : Some of the first colonists of the nation for which the constituionwas written had been seeking to escape religious persecutions. The C of several states prohibited public support of religion above all the many different churches based on christianity in America believed that to be fair to all there could be no preference to none. For them , the gov should be kept out from religion. This 1^st amendment established 2 principles : establishment clause meaning that gov may not favor any religion over others and ay not favor religion over none religion. Any law giving advantages to a religion or to religion in general will be unconstitutional. The second main principle is the free exercice clause : One is allowed to belive in any set of beliefs that one wishes no matter how outrageous the belief may seem to others.

Amendment 2 : 2 possible interpretations :

• individual view : extensive interpretation that sees the amendment as having 2 goals : formation of milicias and the rights of all to keep and bare arms. These two goals are completely distinct so even if milicias are no longer required citizens still have the rightds to keep andbare arms:
• tHE National view ; restrictive interpretation : the purpose of the second mendment was to provide milicias and since it is no longer required there is no need of this right for all to keep and bare arms, it no longer exists. It allows for gun control laws.

Amendment 3 :

4 : provides security for the people against searches ans seizures and that no warrant will be issued without proprable cause. It applies to property searches seizures. It also means that for ex, the police nedd to search a house looking for evidence for a crime a warrant must be issued.

5 : contains a number of important provisions involving the right of person accused of a crime. It requires the fed gov to obtain indictement from a grand jury before trialing someone for a major crime. It also prehibits double jeopartdy ( being trialed twice for the same offence). It protects persons againsts compulsory self incrimination wich is commonly known taking the fith. People remain silent and a person id advised if his right to remain silent as soon as he's arrested. Miranda right

The fifth amendment protects people against arbitroty use of the meanent ///power of government to take private property for public use. The just compensation clause forbids gov from taking provate property without paying just compensations to the owner. Finally, it prohitis the fed gov from depriving persons of life liberty or property without due process of law. It is the principle that gov must respect all other legal rights that are owed to a erson according to the law. This due process clause is also on the 40^th amendments which applies particularly to the state. The due process clauses have implications both for civil and criminal cases Due porcess is the basic principle afforded by the C.

6 : It provides for procedure guarantees : person will have the right to a speedy and public trial by an impartial jury. It also guarantees that the accused person will have the right to legal council.

7 : Provides the right to a jury trial in a civil trial. ( applies in federal courts only!!)

but state judicial systems can also provide for jury trial.

8 : On the Black's law dictionary, the definition is : punishment is a punish that is tortuous, degrading, inhuman, grocely dispropotionate to the crime in question or otherwise shoking to the moral sense of the community. The us supreme court uses this amendment to expend hispower of interpretation.