History of state and law of foreign countries. President of the USA. States law (most important)

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History of state and law of foreign countries. President of the USA. States law (most important)

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President in the USA. states law

In this case, the president played an influential role in the state. He concentrated enormous powers in his hands. There was a practice according to which the president either signed agreements himself without applying to Congress, or, after what had happened, sought approval from Congress. These two types of acts were called - agreements of executive power ("executive agreements"). The concentration of power was determined by economic trends and the interests of the monopolies. Big business in a difficult situation preferred to deal not with a ranting congress, but with a "dynamic" president. In addition, the presidents were proteges of the richest corporations. The power of the president was strengthened by the activation of his role as the leader of the party, something that the fathers of the American Constitution did not know at all. The practice of meetings in the White House is being introduced, during which the president, together with the leaders of his faction in Congress, discussed the strategy and tactics of the political struggle, the fate of important bills, government decrees. It was up to the president to receive positions in the federal administration, in the diplomatic service, and in court. By tradition, they were received by those who provided services and assistance in the election campaign, which became unthinkable without financial donors. The most important positions went to those who made especially large contributions to the election of the president, the so-called "fat cats". FROM 1903 BC the president, as commander in chief, led the national guard, which included the militia of the states.

The American system of law has absorbed many principles of English law, especially case law. Basic principles of law USA enshrined in the Declaration of Independence 1776 BC and the Constitution. In their class content they have a bourgeois character. The main source of law is the Constitution, followed by federal laws, constitutions, and state laws. A feature of the American system of law is that it recognizes many doctrines and provisions of English case and statutory law. This is written into the constitutions of some states. The coincidence of the bourgeois legal principles of both countries gives grounds to talk about the existence of the Anglo-Saxon system of law. In the field of civil law, the most important are the institution of private property, freedom and inviolability of the contract, wide freedom to dispose of the inheritance, the right to judicial protection of violated rights, etc. The courts of the states had broad independence in making decisions in civil cases. According to social legislation, the first power of capitalism occupied one of the last places. The vast majority of enterprises and institutions did not have an 8-hour working day, there was no insurance for sickness, unemployment. Entrepreneurs desperately resisted the introduction of labor arbitration. The collective agreement was not always and not everywhere recognized by entrepreneurs.

In the field of criminal law, American judicial theory and practice recognizes the English system of classification of crimes, which divides them into three types:

1) treason;

2) grave criminal offences;

3) punishable offenses.

In order to intimidate, "modern" methods of killing convicts were introduced:

1) execution in the electric chair;

2) in the gas chamber;

3) acid poisoning.

The theory of the American criminal process closely links such institutions as the presumption of innocence and the rule of burden of proof to the "privilege against self-incrimination". The accused cannot be forced to testify against himself. The law guarantees the right of the accused to defense. The court may provide a free lawyer.

Author: Selyanin A.V.

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