1.29.2012

Institutions politiques Américaines 27.01.12

The most significant factor is the ability of American political institutions to adapt. Some definitions are important :



Political institutions : regulation for laws, associations, organizations that make a life in a society. They're in purpose and they're very in the manner of execution.



Democracy : Democracy in its purest or most ideal form would be a society in which all adult citizens have an equal say in the decisions that affect their lives.

Lincoln : " Government by the people, for the people"



Politics : The art and science of being able to manage and control government and its policy making.



Liberty : The privilege of choice, it's extrinsic, liberties are freedom that government allows a citizen to have ( for example). Jefferson " Liberty is an ineliable right".



Freedom : It is intrinsic, being able to do what one wants.



Pluralism : It is the plilosophy that recognizes more than one way of being.



Individualism : Theory that imposes that a state or a government imposes interferences in people's life.



Public policy : Decisions that a government takes based on the government agenda.



Populism : People of the society have the right to play a major role in governing themselves.



The events that helped the Founding Fathers ( always capital letters) were :



  • The Magna Carta, 1215 : This documents established that even the ruler had to obbey the established laws. It was a model for the ones who demanded rights, for a future constitutional government, for Common Law.
  • Also, many people influenced the American institutions : Machiavelli ( 17th cetury), the Prince : A King must be feared by the people but at the same time, respected. Hobbes wrote mainly in the 17th century, he was an English philosopher. His theory was that a government was similar to the human body, all parts work together. People have the fear of war, How to prevent this fear ? That's why natural laws exist ==>peace rights, social contract. Therefore, contracts should be kept, the power has to be given to someone who's able to protect them by keeping the contract intact ( they're given rights and they accept the government). 17th century, John Locke : English philosopher : Individual's liberty can coexist with government and its politics. Government is the representative of the contract, limited powers. Montesquieu : separation of powers. Thomas Paine : 2 types of government : monarchy and government. Reason and ignorance are the bases.



The 2 central elements that make the USA are the seperation of powers and also the division of powers. The result is that one person or one organisation won't be blamed or reponsible for the american politics. ( Read paper 51 – James Maddison).





Founding fathers wanted a balance of powers to protect ordinary people from an undivided power. Why the 13 colonies were formed ? Defense. A lot of people were coming : investments, safe area to pratice their own religion, forced settlements... Lot of people coming from different classes in GB. Policies helped coagulate those differences. There was a tensed social atmosphere leading up to revolution ( and the articles of Confederation were not working).



GB and the colonies were very different too, the colonies couldn't work like GB worked :



- There were local legislatures elected by local constituances. The local rulers were the welthiest businessmen.

  • There wass a class system in place ( no nobility but a system of class anyway, no matter what class, you always have the capability of social mobility, still true today contrary to the motherland's system)





==> More heavy taxations with the 7 years'war, it results a willing to be free. 1776 : Ambition of independence, as the declaration of independence shows. Articles of confederation : Left a trace on Constitution ==> feeling people's desire to have a binding contract that could be used, amended and trusted. Instead of the articles of confederation, there wasn't anymore a fear of central power as just a little power was given to this power. That gave a written code of law.The government can't change this doucment ! That is important for people. Instead of being 13 states in an alliance of friendship, a constitution provided for an union of states, that was very different. That's why Constitution is considered as the " living document". Time of crisis revolutionary war. There were many debts. Measures were needed. 1777 document. 1778 : 9 states said they accepted the constitution but it is only in May 1787 that the last state ratified the Constitution : Regulations on slavery, power,



3 gentlemen : Jay, Maddison, Hamilton. They published 88 papers because Virginia and NYC didn't have yet ratifiy the Constitution ( shortest and oldest Constitution ever), objectives :



  • Strong government was necessary for the country
  • Strong government coul be informative.



There were several key concepts :



  • We the people
  • Establishment of a formal representative government
  • Federal system




2 commentaires:

  1. Slt,
    Franchement, ton blog est super, merci beaucoup de le mettre à jour régulièrement et de si bien l'alimenter ! Il est peut parfois être vraiment très utile.

    Pourrais-tu publier le cours de Droit Administratif de Vendredi dernier stp?!

    Merci encore, bon courage et bne continuation

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  2. Merci beaucoup pour tous ces compliments. J'ai mis les 3 premières heures du cours de droit administratif de vendredi. Il me reste encore à reprendre la dernière partie du cours. Je la mettrai dès que possible. Bonne continuation à toi aussi :)

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