The us Constitution

The key to the Constitution was the distribution of political authority between three separate branches – legislative, judicial, and executive, each branch with distinct powers to balance the other two branches. The legislative branch – like the British Parliament was divided between two houses – the Senate and the House of Representatives.

Each state was concerned with a number of representatives in Congress – the larger states wanted proportional representation while the smaller states insisted on equal representation for all states. The problem was settled by the "Great Compromise" – every state got equal representation in the Senate (two seats), and proportional representation in the House of Representatives (according to the number of citizens).

Proportional representation caused further discussions and clashes – delegates from the states where the number of slaves was larger wanted all people, black and white, to be counted equally; delegates from states with few slaves wanted only free people to be counted. The issue was resolved by the "three-fifths compromise", which was patterned by the formula of taxation developed by the Confederation Congress in 1783 – only 60 % of all slaves were counted for representation. The tree-fifths compromise was a part of the Great Compromise.

The Great Compromise became the first step in balancing political decisions for the nation, which had a wide range of opinions. The draft of the Constitution was based on the principle of checks and balances – the main principle advocated by James Madison – the Father of the Constitution.

The government, he believed, had to be constructed in such a way that it could not become tyrannical or fall wholly under the influence of a particular interest group. The Declaration of Independence was also an important guide, as it fixed the ideas of self-government and preservation of human rights; besides, the authors of the Constitution were influenced by the works of such European philosophers as Montesquieu and John Locke.

The process of making a draft of the Constitution went on till September 1787, when 39 of the present delegates signed it. Probably none of them was fully satisfied. "I confess that there are several parts of this constitution which I do not at present approve" admitted Benjamin Franklin, "but I am not sure I shall never approve them".

To come into action the Constitution had to be ratified by at least nine states. The first states to ratify the Constitution were Delaware, New Jersey, Georgia, Pennsylvania and Connecticut, but the other states insisted on important additions. These were 10 amendments guaranteeing such fundamental rights as freedom of religion, speech, press, and assembly trial by jury, prohibition of unreasonable searches or arrests. These amendments, known as the Bill of Rights, were incorporated into the Constitution in 1791.

That variant of the Constitution proved to be so efficient that American Constitution successfully serves for more than 200 years with only 27 amendments. It is the world's oldest written constitution in force, and it has served as the model for a number of constitutions all over the world. American Constitution has two important features – it is simple and flexible, so it can guide the evolution of governmental institutions and provide the basis for political stability, individual freedom, economic growth and social progress.

Task 1. Examine the following principles of the US Constitution and study its Articles (Appendix 2, p. 124).

The US Constitution is built on three main principles:

1. The separation of powers of the three branches of government.

2. Government of, for and by the people.

3. Basic human rights (individual freedoms, equality and justice).

Task 2. Examine the summary of first 10 amendments to the Constitution – the Bill of Rights (Appendix 3, p. 126).,Why were these amendments added? What of the amendments do you find the most important? Why?

Building a Government. The First Political Parties

The process of organizing tihe government began after the Constitution was ratified by Virginia and New York. In 1788, Congress fixed the city of New York as the seat of new government (in 1790 the capital of the nation was moved to Philadelphia, and in 1800 to Washington, D.C.).

After the Constitution was ratified, Geoige Washington was unanimously chosen President in April, 1789, John Adams of Massachusetts – the Vice President. On April 30, 1789, George Washington promised to "preserve, protect and defend the Constitution of the United States" to the best of his ability. With these words he was "inaugurated" as the first President of the United States. Now the new government had to create state machinery.

Congress quickly approved the creation of the departments of State and Treasury, established the federal judiciary, Supreme Court and district courts, and appointed a secretary of war and an attorney general. George Washington also created the presidential Cabinet to consult the President in making important decisions.

Washington worked cautiously, understanding that he was setting precedents for the future. When the question of his title arose a hot debate (Vice President John Adams proposed "His Highness, the President of the United States of America, and Protector of their Liberties"), Washington said nothing, but soon the accepted title became a plain "Mr. President".

Washington also appointed people to head the executive departments and developed policies for settling new territories. During his presidency the first political parties appeared in the USA.

The conflict between these two political parties – the Federalists and Antifederalists had a profound impact on American history. The Federalists were led by Alexander Hamilton, the Secretary of the Treasury Department. They represented the interests of town merchants, seeing the future of the United States in great cities and important industries.

The Antifederalists, led by Thomas Jefferson, the Secretary of State, advocated the interests of rural and southern regions. They saw the country's future in small communities and farms, as a decentralized agrarian republic.

Hamilton, who sought a strong central government, acted for industrial development and commercial activity. He devised a Bank of the United States, modelled on the Bank of England. The bank had the right to bring into circulation national currency, and lend money, encouraging commerce and industry.

Jefferson wanted a less strong central government political power at the local level. The government that governs least, Jefferson argued governs best.

These two powerful political leaders and their parties presented the division in the Cabinet of the first President, and only Washington's strength and prestige kept these parties from warring with one another openly – but they did so privately and in the newspapers.

The clashes between two political parties in America could not spoil a positive effect of developing two-party system – they influenced American political thought and established a solid ground for effective government.