Political system of the USA.

Political system as a reflection of American national mentality.

The Americans are said to be straightforward, practical, individualistic.

General ideas of the Constitution:

• To create not a declaration but a document that will work

• To preserve (as fully as possible) competence of the states

• To preserve citizens’ rights (see the Bill of Rights as first amendments to the Constitution)

• Not to let marginal/lumpen – class govern the state (1. Earlier: many requirements for the voters, e.g. male sex, property, family. 2. Since 1788 till nowadays: election of the President: the people elect special voters, and only the latter elect the President. 3. There are few means of direct democracy, e.g. there is no referendum.)

If to be more concrete:

The vertical division of powers: separate spheres of competence for the Federation and for the states.

The horizontal division of powers: we shall consider only federal bodies, but this is similar throughout the states as well.

There is the system of checks and balances (сдержек и противовесов), the main idea: no body (орган)/branch of power has last word in any question: nearly all decisions of any body can be revised and cancelled by another body so that no body/branch of power can usurp governing.

The horizontal division of powers:

● the legislative branch: the Congress (consists of two houses) makes the laws, which must be obeyed by everybody

● the executive branch: the President, the Vice-President, the Ministers and other inferior bodies. They create individual acts and rules concretizing the laws

● the judicial branch: Federal courts, including the Supreme Court. They: a) act as Russian courts: settle particular disputes; and simultaneously b) decide whether laws contradict the Constitution (or constitutions of states) or not and thus, if yes, they can’t be used any more. B) is a sample of the system of checks and balances: the legislative branch makes a law, it is its prerogative, but the judicial branch can also controls the laws. In Russia it’s the function of special constitutional (or statute) courts.

The Americans believe that they can fight legally for their rights, their dispute will be settled correctly, basing on the law. So there are fierce barrels around laws in the Congress (they believe they will be heard); citizens cooperate with the executive bodies (the police, for example); they often go to courts.

As in any jurisdiction of the Anglo-Saxon system of law. The principle of stare decisis (“let the decision state”) means that later judgments are to be ruled in accordance with the previous ones, especially of the superior courts, if the circumstances of the cases appeared to be similar. Binding decisions of the superior courts, or precedents, form in two stages: first, finding out the fact, and second, judge’s decision on the way the law applies to those facts. The explanation of the decision is called ratio decidendi (“reason for deciding”) and becomes binding precedent. As a result: special role of judges and special respect to them.

The Making of the Constitution

In May 1776, the Second Continental Congress inclined the colonies to prepare new, written constitutions in case they separate from England. The colonies followed the order. In 1777, the Second Continental Congress submitted the Articles of confederation to the states for ratification, adopted by most states. Unanimous consent was needed to amend the Articles of Confederation and at least nine of the thirteen states had to vote in favour of a new current law. The Articles did not provide a separate executive, though there was President of the United States in Congress assembled and a secretary for foreign affairs. The Congress could request the states to contribute money, arms and supplies but had no power to compel the states to meet their obligations. The states obviously needed more powerful state.

The Constitutional Convention was composed of delegates from 12 states. It began its work on May 25, 1787, and finished on September 17, finally producing the Constitution. The actual writers of the Constitution are called “the Framers”. They are James Madison, William Paterson, Alexander Hamilton and others. George Washington's mostly silent presence helped to preserve the delegates' sense of seriousness and to hold the convention together.

A fierce battle around ratification in states aroused between Federalists and Anti-Federalists. These were the parties later: the Federalists (→ the Republicans) and the Democrats that were Anti-Federalists (they successfully argued for the Bill of Rights)

The first nine states - the amount sufficient for the Constitution to go in force - had ratified the document by June 22, 1788.