Правительство Соединенных Штатов

Правительство Соединенных Штатов

Kyrgyz State National University

THE GOVERNMENT OF THE UNITED STATES

______________________________

Ilebaev Emil

Kasymov Maksat_________

Bishkek 2001

Introduction

In July 1780 France's Louis XVI had sent to America an expeditionary force

of 6,000 men under the Comte Jean de Rochambeau. In addition, the French

fleet harassed British shipping and prevented reinforcement and resuppi^ of

British forces in Virginia by a British fleet sailing from New York City.

French and American armies and navies, totaling 18,000 men, parried with

Cornwallis all through the summer and into the fall. Finally, on October

19, 17B1, after being trapped at Yorktown near the mouth of Chesa-peake

Bay, Cornwallis surrendered his army of 8,000 British soldiers.

Although Cornwallis's defeat did not immediately end the war — which would

drag on inconclusively for almost two more years — a new British government

decided to pursue peace negotiations in Paris in early 1782, with the

American side represented by Benjamin Franklin, John Adams and John Jay. On

April 15, 1783, Congress approved the final treaty, and Great Britain and

its former colonies signed it on September 3. Known as the Treaty of Paris,

the peace settlement acknowledged the independence, freedom and sovereignty

of the 13 former colonies, now states, to which Great Britain granted the

territory west to the Mississippi River, north to Canada and south to

Florida, which was returned to Spain. The fledgling colonies that Richard

Henry Lee had spoken of more than seven years before, had finally become

"free and independent states." The task of knitting together a nation yet

remained.

CONSTITUTION

During the war, the states had agreed to work together by sending

representatives to a national congress patterned after the "Congress of

Delegates" that conducted the war with England. It would raise money to pay

off debts of the war, establish a money system and deal with foreign

nations in making treaties. The agreement that set up this plan of

cooperation was called the Articles of Confederation. work together? They

believed that the Congress needed more power.

The plan for the government was written in very simple language in a

document called the Constitution of the United Slates. The Constitution set

up a federal system with a strong central government. A federal system is

one in which power is shared between a central authority and its

constituent parts, with some rights reserved to each. The Constitution also

called for the election of a national leader, or president.

Two main fears shared by most Americans: one fear was that one person

or group, including the majority, might become too powerful or be able to

seize control of the country and create a tyranny, another fear was that

the new central government might weaken or take away the power of the state

governments to run their own affairs. To deal with this the Constitution

specified exactly what power central government had and which power was

reserved for the states.

Representatives of various states noted that the Constitution did not

have any words guaranteeing the freedoms or the basic rights and privileges

of citizens. Though the Convention delegates did not think it necessary to

include such explicit guarantees, many people felt that they needed further

written protection against tyranny. So, a "Bill of Rights" was added to the

Constitution.

The Bill of Rights

The first 10 amendments to the Constitution and their purpose

|PROTECTIONS AFFORDED FUNDAMENTAL RIGHTS AND FREEDOMS |

|Amendment 1 |Freedom of religion, speech, press, and assembly; the |

| |right to petition government |

| |

|PROTECTIONS AGAINST ARBITRARY MILITARY ACTION |

|Amendment 2 |Right to bear arms and maintain state militias (National|

| |Guard). |

|Amendment 3 |Troops may not be quartered in homes in peacetime. |

| |

|PROTECTION AGAINST ARBITRARY POLICE AND COURT ACTION |

|Amendment 4 |No unreasonable searches or seizures. |

|Amendment 5 |Grand jury indictment required to prosecute a person for|

| |a serious crime. No “double jeopardy” – being tried |

| |twice for the same offence. Forcing a person to testify |

| |against himself or herself prohibited. No loss of life, |

| |liberty or property without due process. |

|Amendment 6 |Right to speedy, public, impartial trial with defense |

| |counsel, and right to cross-examine witnesses. |

|Amendment 7 |Jury trials in civil suits where value exceeds 20 |

| |dollars. |

|Amendment 8 |No excessive bail or fines, no cruel and unusual |

| |punishments. |

| |

|PROTECTION OF STATES’ RIGHTS AND UNNAMED RIGHTS OF THE PEOPLE |

|Amendment 9 |Unlisted rights are not necessarily denied. |

|Amendment 10|Powers not delegated to the United States or denied to |

| |states are reserved to the states or to the people. |

The Bill of Rights was ratified in1791, but its application as

broadened significantly by the 14th Amendment of the Constitution, which

was ratified in 1868. A key phrase in the 14th Amendment – “nor shall any

state deprive any person of life, liberty or property, without due process

of law” – has been interpreted by the Supreme Court as forbidding the

states from violating most of the rights and freedoms protected by the Bill

of Rights.

THE EXECUTIVE BRANCH

At a time when all the major European states had hereditary monarchs,

the idea of a president with a limited term of office was itself

revolutionary. The Constitution vests the executive power in the president.

It also provides for the election of a vice president who succeeds to the

presidency in case of the death, resignation or incapacitation of the

president. While the Constitution spells out in some detail the duties and

powers of the president, it does not delegate any specific executive powers

to the vice president or to members of the presidential Cabinet or to other

federal officials.

Creation of a powerful unitary presidency was the source of some

contention in the Constitutional Convention. Several states had had

experience with executive councils made up of several members, a system

that had been followed with considerable success by the Swiss for some

years. And Benjamin Franklin urged that a similar system be adopted by the

United States. Moreover, many delegates, still smarting under the excesses

of executive power wielded by the British king, were wary of a powerful

presidency. Nonetheless, advocates of a single president—operating under

strict checks and balances—carried the day.

In addition to a right of succession, the vice president was made the

presiding officer of the Senate. A constitutional amendment adopted in 1967

amplifies the process of presidential succession. It describes the specific

conditions under which the vice president is empowered to take over the

office of president if the president should become incapacitated. It also

provides for resumption of the office by the president in the event of his

or her recovery. In addition, the amendment enables the president to name a

vice president, with congressional approval, when the second office is

vacated. This 25th Amendment to the Constitution was put into practice

twice in 1974: when Vice President Spiro T. Agnew resigned and was replaced

by Gerald R. Ford; and when, after President Richard Nixon's resignation,

President Ford nominated and Congress confirmed former New York governor

Nelson A. Rockefeller as vice president.

The Constitution gives Congress the power to establish the order of

succession after the vice president. At present, in the event both the

president and vice president vacate their offices, the speaker of the House

of Representatives would assume the presidency. Next comes the president

pro tempore of the Senate (a senator elected by that body to preside in the

absence of the vice president), and then Cabinet officers in designated

order.

The seat of government, which moved in 1800 to Washington, D.C. (the

District of Columbia), is a federal enclave on the eastern seaboard. The

White House, both residence and office of the president, is located there.

Although land for the federal capital was ceded by the states of Maryland

and Virginia, the present District of Columbia occupies only the area given

by Maryland; the Virginia sector, unused by the government for half a

century, reverted to Virginia in 1846.

| |

|THE PRESIDENCY |

|TERM OF OFFICE: |Elected by the people, through the electoral college, to a|

| |four-year term; limited to two terms. |

|SALARY: |$200,000 plus $50,000 allowance for expenses, and up to |

| |$100,000 tax-free for travel and official entertainment |

|INAUGURATION: |January 20, following the November general election |

|QUALIFICATIONS: |Native-born American citizen, at least 35 years old and at|

| |least 14 years a resident of the United States. |

|CHIEF DUTY: |To protect the Constitution and enforce the laws made by |

| |the Congress. |

|OTHER POWERS: |To recommend legislation to the Congress; to call special |

| |sessions of the Congress; to deliver messages to the |

| |Congress; to veto bills; to appoint federal judges; to |

| |appoint heads of federal departments and agencies and |

| |other principal federal officials; to appoint |

| |representatives to foreign countries; to carry on official|

| |business with foreign nations; to exercise the function of|

| |commander-in-chief of the armed forces; to grant pardons |

| |for offenses against the United States. |

The Constitution requires the president to be a native-born American

citizen at least 35 years of age. Candidates for the presidency are chosen

by political parties several months before the presidential election, which

is held every four years (in years divisible evenly by four) on the first

Tuesday after the first Monday in November.

The method of electing the president is peculiar to the American system.

Although the names of the candidates appear on the ballots, technically the

people of each state do not vote directly for the president (and vice

president). Instead, they select a slate of presidential electors, equal to

the number of senators and representatives each state has in Congress. The

candidate with the highest number of votes in each state wins all the

electoral votes of that state.

The electors of all 50 states and the District of Columbia—a total of

538 persons—compose what is known as the Electoral College. Under the terms

of the Constitution, the College never meets as a body. Instead, the

electors gather in the state capitals shortly after the election and cast

their votes for the candidate with the largest number of popular votes in

their respective states. To be successful, a candidate for the presidency

must receive 270 votes. The Constitution stipulates that if no candidate

has a majority, the decision shall be made by the House of Representatives,

with all members from a state voting as a unit. In this event, each state

and the District of Columbia would be allotted one vote only.

The presidential term of four years begins on January 20 (it was changed

from March by the 20th Amendment, ratified in 1933) following a November

election. The president starts his or her official duties with an

inauguration ceremony, traditionally held on the steps of the U.S. Capitol,

where Congress meets'. The president publicly takes an oath of office,

which is traditionally administered by the chief justice of the United

States. The words are prescribed in Article II of the Constitution:

/ do solemnly swear (or affirm) that I will faithfully execute the

office of President of the United States, and will to the best of my

ability, preserve, protect and defend the Constitution of the United

States.

The oath-taking ceremony is usually followed by an inaugural address in

which the new president outlines the policies and plans of his or her

administration.

PRESIDENTIAL POWERS

The office of President of the United States is one of the most powerful in

the world. The president, the Constitution says, must "take care that the

laws be faithfully executed." To carry out this responsibility, he or she

presides over the executive branch of the federal government—a vast

organization numbering several million people—and in addition has important

legislative and judicial powers.

LEGILATIVE POWERS

Despite the Constitutional provision that "all legislative powers" shall be

vested in the Congress, the president, as the chief formulator of public

policy, has a major legislative role. The president can veto any bill

passed by Congress and, unless two-thirds in each house vote to override

the veto, the bill does not become law. Much of the legislation dealt with

by Congress is drafted at the initiative of the executive branch. In an

annual and special messages to Congress, the president may propose

legislation he or she believes is necessary. If Congress should adjourn

without acting on those proposals, the president has the power to call it

into special session. But, beyond all this, the president, as head of a

political party and as principal executive officer of the U.S. government,

is in a position to influence public opinion and thereby to influence the

course of legislation in Congress. To improve their working relationships

with Congress, presidents in recent years have set up a Congressional

Liaison Office in the White House. Presidential aides keep abreast of all

important legislative activities and try to persuade senators and

representatives of both parties to support administration policies.

JUDICIAL POWERS

Among the president's constitutional powers is that of appointing important

public officials; presidential nomination of federal judges, including

members of the Supreme Court, is subject to confirmation by the Senate.

Another significant power is that of granting a full or conditional pardon

to anyone convicted of breaking a federal law—except in a case of

impeachment. The pardoning power has come to embrace the power to shorten

prison terms and reduce fines.

EXECUTIVE POWERS

Within the executive branch itself, the president has broad powers to

manage national affairs and the workings of the federal government. The

president can issue rules, regulations and instructions called executive

orders, which have the binding force of law upon federal agencies. As

commander-in-chief of the armed forces of the United States, the president

may also call into federal service the state units of the National Guard.

In times of war or national emergency, the Congress may grant the president

even broader powers to manage the national economy and protect the security

of the United States.

The president chooses the heads of all executive departments and

agencies, together with hundreds of other high-ranking federal officials.

The large majority of federal workers, however, are selected through the

Civil Service system, in which appointment and promotion are based on

ability and experience

POWERS IN FOREIGN AFFAIRS

Under the Constitution, the president is the federal official primarily

responsible for the relations of the United States with foreign nations.

Presidents appoint ambassadors, ministers and consuls—subject to

confirmation by the Senate—and receive foreign ambassadors and other public

officials. With the secretary of state, the president manages all official

contacts with foreign governments. On occasion, the president may

personally participate in summit conferences where chiefs of state meet for

direct consultation. Thus, President Woodrow Wilson headed the American

delegation to the Paris conference

at the end of World War I; President Franklin D. Roosevelt conferred with

Allied leaders at sea, in Africa and in Asia during World War II; and every

president since Roosevelt has met with world statesmen to discuss economic

and political issues, and to reach bilateral and multilateral agreements.

Through the Department of State, the president is responsible for the

protection of Americans abroad and of foreign nationals in the United

States. Presidents decide whether to recognize new nations and new

governments, and negotiate treaties with other nations, which are binding

on the United States when approved by two-thirds of the Senate. The

president may also negotiate "executive agreements" with foreign powers

that are not subject to Senate confirmation.

CONSTRAINTS ON PRESIDENTIAL POWER

Because of the vast array of presidential roles and responsibilities,

coupled with a conspicuous presence on the national and international

scene, political analysts have tended to place great emphasis on the

president's powers. Some have even spoken of the "the imperial presidency,"

referring to the expanded role of the office that Franklin D. Roosevelt

maintained during his term.

One of the first sobering realities a new president discovers is an

inherited bureaucratic structure which is difficult to manage and slow to

change direction. Power to appoint ex- ' tends only to some 3,000 people

out of a civilian government ' work force of more than three million, most

of whom are protected in their jobs by Civil Service regulations.

The president finds that the machinery of government operates pretty

much independently of presidential interventions, has done so through

earlier administrations, and will continue to do so in the future. New

presidents are immediately confronted with a backlog of decisions from the

outgoing administration on issues that are often complex and unfamiliar.

They inherit a budget formulated and enacted into law long before they came

to office, as well as major spending programs (such as veterans' benefits.

Social Security payments and Medicare for the elderly), which are mandated

by law and not subject to influence. In foreign affairs, presidents must

conform with treaties and informal agreements negotiated by their

predecessors.

The happy euphoria of the post-election "honeymoon" quickly dissipates,

and the new president discovers that Congress has become less cooperative

and the media more critical. The president is forced to build at least

temporary alliances among diverse, often antagonistic interests—economic,

geographic, ethnic and ideological. Compromises with Congress must be

struck if any legislation is to be adopted. "It is very easy to defeat a

bill in Congress," lamented President John F. Kennedy. "It is much more

difficult to pass one."

Despite these burdensome constraints, few presidents have turned down

the chance to run for a second term of office. Every president achieves at

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