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History of state and law of foreign countries. Constitution of 1787 (most important)

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Constitution of 1787

It should be noted that the development of the draft constitution took place in secret from the people.

September 17, 1787 The Convention approved the draft Constitution, and after it was ratified by three-quarters of the states March 4, 1789 it came into force. The contents of the Constitution clearly indicate a compromise between slave owners and the big bourgeoisie.

Speaking about the structure of the document, let’s say that in the brief introductory part of the Constitution, its development and adoption are justified by the following reasons:

1) the formation of a more perfect union;

2) approval of justice;

3) protection of inner peace;

4) organization of joint defense.

Only at the end of the preamble does it talk about promoting the well-being of the living and providing them and their descendants with benefits and freedoms. The revolutionary slogans of the Declaration of the Rights and Freedoms of American Citizens are not even mentioned in the Constitution. The drafters sought to consolidate rights and power in USA behind the wealthy minority, contrary to the democratic majority.

The highest federal legislative power was vested in Congress, consisting of two chambers:

1) the lower house was called the House of Representatives;

2) upper - by the Senate.

The bicameral structure of parliament reflects the federal structure of the state. The House of Representatives was elected for a term of two years by direct vote from among citizens over 25 years of age. Members of the Senate were elected by state legislatures with two senators each. The 17th Amendment to the Constitution, adopted in 1913 BC, established that senators are elected directly by the people of the state through direct elections. The age limit for senators is 30 years. Their term of office is 6 years. In two years, the Uz of Senators must be re-elected. The President of the Senate was the Vice President. The powers of Congress, compared to the powers defined in the Articles of Confederation, have expanded significantly. He received the right: to issue laws regulating foreign and domestic trade, coinage, the work of postal departments, the recruitment and maintenance of the army, militia, to declare war, to enter into foreign loans, to establish units of weights and measures, to introduce rules for the naturalization of future American citizens, to issue acts on management and organization of shipping. He has the authority to issue acts to organize the suppression of riots, etc. The transfer of many rights from the states to the federal authorities indicated the concentration of power. 16th Amendment passed in 1913 BC, gave Congress the power to set income taxes.

The supreme judiciary is vested in the Supreme Court USA. Its members are appointed by the President with the consent of the Senate and retain their positions there for life, "as long as their conduct is impeccable." The Constitution prohibits reducing their salaries. The Supreme Court later arrogated to itself the power to express its opinion on whether laws and executive actions are consistent with the US Constitution.

According to the constitution, the president is the head of state and federal administration. He cannot be removed from office by a resolution of no confidence passed by Congress. In fact, it is the main confidant of the ruling classes USA. The President is the Commander-in-Chief of the Army and Navy and can appoint and remove any member of his cabinet. As the head of state, the president carries out the functions of representation: he receives and appoints ambassadors.

The important articles are those that talk about the powers of the president as head of government:

1) determine the duties of all ministers, officials of the United States;

2) require a written opinion on any issue from the heads of each department or ministry.

Author: Selyanin A.V.

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