American institutions

American institutions :

Section 1 -> the judicial power of the US shall be vested in one Supreme Court and in such inferior courts. The Supreme Court shall be the highest federal court.

The lower federal courts consists on circuit courts (courts of Appeal). And then the district courts (trial courts), courts of first instance. In total they are 30 regional circuits, and each regional circuits has a court of Appeal.

The federal judges remain an office during the Constitution State good behavior. But in practice most federal judges serve a life term. The Constitution doesn’t state a limit of years.

Section 2 -> a court has jurisdiction, the power to hear a case. The Supreme Court has jurisdiction over certain matters, over despite evolving :

The Supreme Court is the court of last result, the final court and is the only federal court to have both original and appellate jurisdiction.

Also, in the trial of all crimes the accused has a right to a trial by jury.

Section 3 -> deals with the crimes of treason by giving a definition of that crime -> giving help

to ennemies.

Article 4 : Federalism and vertical allocation of power

- Section 1 -> the Full Faith and Credit. This clause encourages close cooperation between the States. It ensures that the State respect the State laws and orders of other States even when the laws are different.

- This clause is important because it shows the horizontal allocation of power at the State level. Here the Constitution imposes legal obligations on the States in their relationship with each other.

- Section 2 -> the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. It garanties that States can’t discriminate against citizens of other State. States must give people from other States the same rights they give to their own citizens.

- Section 3 -> no new State shall be formed by the joining of several States. A single State can’t create a new State within its boundaries without the approval of all the States legislatures and Congress.

- Section 4 -> the guaranty clause : it mandates that all of the United States States must be granted in republic principes

Article 5 : Methods of amending the Constitution

> 1st : amendment can take place by a vote of 2/3 of the House of the Representatives and the Senate.

-> 2nd : when 2/3 of the States call for a national constitutional convention to make a change. But then, any amendment has to be ratified by 3/4 of the States legislatures.

Article 6 : Federalism defined further with supremacy clause

• The supremacy clause : the Constitution shall be the Supreme Law of the Land. The laws shall be made in accordance with the Constitution. If a federal law conflicts with the Constitution the supremacy clause operates to invalidate law.

Article 7 : Ratification of the Constitution

Amendments - Bill of Rights (1791)

It’s impose contraints on the central government, by granted certain fundamental rights. At first, the first amendment wasn’t bound to the Bill of Rights. Later, the federal law imposed the respect of the laws granted in the Bill of Rights.

-> 1st amendent : protects freedom of speech, press, religion, right to petition, assembly... The right of free speech isn’t absolute, sometimes the government may be allowed to limit that freedom. The government may limit and prohibit diffamation, obscenity, fighting words or violence.

Freedom of religion is granted by the 3 exercices clause :

-> allows a person to have whatever religious beliefs he or she wants and exercice

these religious beliefs by attending religious services.

-> allows praying in public or in private and wearing religious clothing.

-> the establishment clause prevents the government from creating a church supporting religion in general or favoring one religion over another.

• 2nd amendment : very controversial. Garanties the right for the people to keep and bear arms.
• -> 3rd amendment : is soldiers in times of peace. Restrictions in the accommodation of soldiers without his honest agreement in peace time
• 4th amendment : the protection from right of search (probable cause).
• 5th amendment : the protection of the accused in capital crimes. First, the right against self-incrimination (auto-incrimination)

Later additions (second bill of rights) :

-> 13th amendment (1865) : the abolition of slavery.

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