Cours sur la civilisation americaine

Pages: 11 (2647 mots) Publié le: 14 octobre 2010
TD : Civilisation Américaine.

Checks and balances

The government is divided in 3 functions ( the powers are separated.) :-make laws, the legislative, and the congress
The French government had asked to pass the law against full cover veil or the head to toe veil in public. (Burqa) .
Most of the legislative are bi-cameral ( the upper chamber is in France the Senat and the lower chamberin France is the House of representatives .) Both of the upper and lower chamber have equal rights, they make laws. They represents the first function of the government.
The second part is executing the laws which is made by the president of the united states who Works with his administration.
The third function is interprete and apply the laws which is the use of the judicial power embodiedby the supreme court the court and the judges.

These three power are seperated which refers to montesquieu’s théories ( an 18 th philosopher) He wrote the spirit of laws. It is the basic of spiritual laws. It is fondamental for these power to be seperated. It’s really important beacause if every poxer is at the hand of the same man it’s dangerous for démocratie because he can abuse of hispower that is what chek and balances is : it’s the fact that the three powers are seperated and that each of the three power checks on the other in order to prevent an abuse of power . The government of the people for the people and by the people. These power are seperated and they have an influance on one another. The president nominates (chose) the judges of the judiciar system . But thejudiciary system can also have an influence on the executive power.
Books :
- « The English of Law Us law and politics » it deals with the English laws and politics.
- «  The Robert + Collins » it’s a dictionnary. Légal dictionnary
-«  dictionnaire juridique » by Harraps and Dalloze : gives interprétation and compares British French and American laws .
Manslaughter : homicide invonlontaire-« Law » : English

The Us Constitution and the fédéral system.
The Us constituons is one of the oldest constitution , it was ‘drafted (rédigé) in 1787 and it is one of the shortest constitution of the worl. It has only 7 articles. It contains 27 amendments . The main purpose was to establish a fédéral system of government this fédéral syste had an aim : to uniting the several states. Theenlightenment philosophie ( la philosophie du siècle des lumières.) which is based on the social contract meaning that society is to protect peaople and based on what john lock, Rousseau and Montesquieu said . In France the same law applyes to the ame way in the whole french theritory so in France Etat means national. For americans the word state they refears to the 50 american states that is to saycalifornia, mississipi Florida etc… When the american use the world state they use the word local . When they want to use the concept national when they want to apply something to the whole land they use the word fédéral. At the origin there was only 13 original states.
In order to understant the function and the scope of the us constitution and the fédéral system you need to know that every eachamercan Citizen in Under 2 government the first one in the fédéral government and the second is the government of the states in which he lives. There is a hierarchy that is to say one is above the other. The fedral government is above the state government . It’s a hierarchical system. In case off trouble between the federal law and the state law the federal law preveals.

It is a hierarchalsystem.
Definitions :
1)  Bicameralism : It refers to a legislature ( congress) that is divided into 2 separate houses ( chambers). For example the US congress is divided into the house of representatives ( lower chamber) and the Senate ( upper chamber ).

2) The Great compromise: also known as the Philadelphia convention in 1787) All of the 13 states were gathered It was an...
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