Constitution Américaine (document en anglais)

CHAPTER 4 : THE AMERICAN CONSTITUTION :

The United States proclaimed its independance on July 4th 1771.

The second continental congress declared the union with Great britain to be dissolved. They also proposed the formation of alliances with foreign states, and they also suggested the drafting of a plan of confederation to be submitted to the respective states. However, a central governement was needed, to create a financial system to regulate trade, to enforce treaties, or go to war. It was left to individual states to make such decisions.

Why ?

⁃ Policies could not be back ed by any army.

⁃ British ports were no longer giving favour treatment.

⁃ In the north west territories, there were british soldiers who refused to withdraw. (=ils refusaient de se retirer)

⁃ native american tribes were supplied with weapons by spanish and british officers.

⁃ Congress could not imposed its decisions in individual states, for instance there is interstate commerce.

⁃ There were no taxes and so non decisions could be enforced.

This is how the american constitution was born. It was the result of a compromise reached by the federal convention to revise the articles of the Confederation. Tyhe american constitution was signed on 17 Septembre 1787 and ratified between 1787 and 1790.

the american constitution contains a preamble, just sevent original articles, 27 amendments, and a pragraph certifying its enactement by the constitutional convention. The first ten amendments are known as the Bill of Rights.

I- the peamble :

The preamble addresses the common man, not the elite, in order to have them unite around a common document and avoid any futur revolution.

The confederation was a first form of union. However, it was not perfect.

The constitution aims at creating not the perfect union but a more perfect union, it's an improvement, composed of United States.

Justice was a particular concern (=un souci particlier) as laws were perceived not to be fair between England and the confederation.

« insure domestic tranquillity » refers to the Shays Rebellion during which veterans who had not received their pensions had taken up arms. This part of the preamble is to ensure that the central government would not be attacked from within (de l'intérieur).

« Provide fort the common defense » alludes to the relationship whit the british and spaniards in a context of tense relationship whit some Indian tribes.

« Promote to the general welfare » refers to the weel-being and expansion of material possesions of the citizens was a focus of the constition. At the time, commercial ships were commonly attacked by pirates.

« secure the blessings of liberty », it was felt that the United States was better serve the interests of its citizens than those of a king, who imposed taxation without representation, and who his representatives were expelled in 1775, the king had sent troops to re-imposed direct rules. And this is what the american citizens did not want, so as a consequence, they signed the constitution.

The end of the preamble is a solemn to recall that the power involved in the constitution is that of the people itself, and not of the king. The tense used in the constitution is the present tense, with the use of SHALL in the remaining of the constitution.

So, the constitution further develops how the union between the people and the government is to exist.

II - the articles :

• Article I :

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• Itdescribes how the legislative power is distributed between the two chambers. Congress is a bicameral body composed of two houses, the House of representatives and the Senate. It least once a year , on the first Monday of December.

• Congress legislates and cannot delegat its responsabilities.

• The House of representatives is composed of representatives of the people. The number of representativesdepens on how populous a state is. Normally 1 representative for every 30 000 voters. Conditions for becoming a representative are laid in the constitution (25 years of age minimum, with 7 years minimum as a US citizen).

• The Senate is composed of two senators for each state : 1/3 of the Senate is renewed every year. Impeachment is tried by the Senate.

• Each House determines its own rules, expelling members if needed, and keeps a journal of proceedings. For reasons of independence, members of the Congress cannot be appointed at any civil, public office.

◦ Both Houses may propose amendments, except regarding taxes : in this case, the bill comes from the House of representative. Amendments are then examined by the President and if not approved, they are reconsidered by the House in question, and a vote takes place again and the bill is accepted as soon as it is votedby 1/3 of the House. It is then sent to the other House for approval under the same terms. IT is approved when it obtains 2/3 of the votes.

◦ The power of the Congress are laid out in section 8. It holds those rights, powers and prerogatives elsewhere associated whit royal sovereignty :

▪ - laying taxes

▪ - providing for defence

▪ - legislating on naturalisation

▪ - raising and supporting an army and a navy

▪ - declaring war

▪ - organising and supporting a militia

▪ - regulating commerce with foreign nation

▪ - punishing piracy

▪ - protecting intellectual property rights while taking into account the public good

▪ - constituting tribunals

▪ - ect.

States relinquish (abandonne) some of their power regarding the powers we have enumerated above.

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