Law, State and Law
The US Constitution is the basis of modern democracy
The US Constitution of 1787 is the oldest of the existing basic laws. Its appearance was inextricably linked with the legal design of the United States of America. September 17, 1787 in the city of Philadelphia constitutional convention adopted the Constitution. This convention was attended by 55 delegates from 12 states. Interestingly, as a delegate was considered and a certain P. Henry, but his candidacy was rejected, because he smelled, "like a rat." The US Constitution began to operate on March 4, 1789.
Characteristics of the US Constitution. Basic moments
In fact, the US Constitution is a preamble and 7 articles. The preamble states that the purpose of adopting this document is to form an alliance, to guarantee internal tranquility, to establish justice, to ensure joint defense, and to promote common prosperity. The content of the articles was as follows:
Article 1. Regulation of the status of the Congress.
Article 2. Determination of the rightful position of the president.
Article 3. Regulation of the judiciary.
Article 4. Regulatory issues of federalism.
Article 5. Description of the procedure for amending.
Articles 6 and 7. Transitional and final provisions.
It was in the American Constitution that the post of the elected president was first introduced. In addition, the basic US law provided for a strict system of power sharing :
- Legislative power belonged to Congress;
- Executive power belonged to the head of state-president;
- Judicial power belonged to the US Supreme Court and other courts.
All of the above was supplemented by a system of "checks and balances," which combines independence with mutual control and interdependence. For example, the Supreme Court and the President act on the basis of laws passed by the Congress. Also, the American president owns the veto over laws, and the Supreme Court can recognize acts of the head of state and Congress contradictory to the Constitution.
The President has the right to appoint all members of the Supreme Court, in addition, they are approved by the highest chamber of Congress (Senate). At the same time, the Congress can remove the head of state from his position in the commission of a crime. The American Constitution has had a significant impact on the creation of the basic laws of many countries in the world. It promoted the spread of the doctrine of constitutionalism, according to which the Constitution is a fundamental legal act.
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