Définition
Constitution des États-Unis
The fundamental law of the country, adopted on September 17, 1787 in Philadelphia. It establishes the structure of the federal government, defines the principles and rights of citizens, and is the oldest written constitution still in force.
Fédéralisme
The system of government in which power is divided between a central authority and political units (such as states in the case of the United States) in a way that balances centralization and regional autonomy.
Séparation des pouvoirs
Fundamental principle of the Constitution, according to which the government is divided into three distinct branches: executive, legislative and judicial branches, each with distinct powers and responsibilities.
Checks and Balances
A system of mutual controls established to ensure that no branch of government accumulates too much power, allowing each branch to limit the authority of others.
The Constitution of the United States -> of the Philadelphia Convention in 1787. This convention was convened to amend the Articles of Confederation, initially in force since 1781, which gave little power to a centralized federal government.
(Conflicts between large and small states (representation).
- No power to **tax**, regulate trade, or maintain a military.
- Lack of **executive power** → Weak enforcement of laws.
- **Pro-France vs. Pro-England divide**: Treaties with foreign powers caused internal conflict.)
Founders needed to balance a **strong national government** with **state autonomy** to avoid tyranny (fear from colonial experience under Britain).
Article 1 Legislature (Congress) → Creates laws Bicameral system (The Great Compromise):
-House of Representatives: Based on state population (2-year terms).
- Senate: Equal representation (2 senators per state, 6-year terms).
- Enumerated Powers:Taxation, regulate commerce, coin money, declare war.
The United States Congress is the bicameral legislative body of the federal government, composed of two chambers: the Senate and the House of Representatives. The Senate is composed of 100 senators, two for each state, while the House of Representatives has 435 members, distributed proportionally to the population of the states.
Article II:** *Executive (President and Cabinet)* → Enforces laws
- Presidential terms: 4 years (max 2 terms).
- Electoral College system: 270 votes needed to win.
- Powers: Commander-in-Chief, treaties, veto power (can be overridden by Congress).
The President of the United States is the chief executive and plays a central role in the direction of the country's affairs, the implementation of federal laws, the command of the armed forces and the conduct of foreign policy. The President is assisted by the Vice-President and the Cabinet, composed of the Heads of the Executive Departments.
The federal judicial system is governed by the United States Supreme Court, the highest court in the country.
Judiciary (Supreme Court) → Interprets laws
- Supreme Court Justices: Appointed for life by the President, confirmed by Senate.
- Judicial review: Supreme Court can invalidate laws conflicting with the Constitution (established in *Marbury v. Madison*).
Cases :
1896 Plessy versus Ferguson = separate but equal doctrine
• 1954 Brown v. Topeka Board of Education segregation in schools unconstitutional ex: decision led to Ruby Bridges case (1960) first Afro American girl to go to an exclusive white school
1973 Roe v. Wade = laws banning abortion unconstitutional (overturned by the 2022 Dobbs decision) (explanation++)
1978 Regents of the University of California v.bakke = affirmative action policies are constitutional (upheld in 2003 / overturned in 2023)
2015 Obergefell v. Hodges=same-sex marriage every states .
The amendment process requires two-thirds approval of the two-houses of Congress and ratification by three-quarters of the state legislatures, which illustrates the balance between flexibility and stability in the U.S. constitutional system.
- 1st Amendment: Freedom of speech, religion, press.
- 2nd Amendment: Right to bear arms.
- 5th Amendment: Protection from self-incrimination.
- 13th Amendment (1865): Abolished slavery.
- 14th Amendment (1868):Equal protection under the law, birthright citizenship.
- -15th Amendment (1870): Voting rights for African Americans.
- Progressive Amendments:
- - 19th Amendment (1920): Women’s right to vote.
Federalists vs. Anti-Federalists:
- Federalists: Supported a strong central government to avoid chaos.
- Anti-Federalists: Wanted to protect state autonomy; feared concentration of power.
- Bill of Rights (1791) added to placate Anti-Federalists → Guaranteed individual liberties (e.g., speech, religion).
The Great Compromise:
- House: Representation based on population.
- Senate: Equal representation for all states.
3/5 Compromise:
- Slaves counted as 3/5 of a person for House representation.
- Impact : Gave slave states more power in Congress → Controversial but necessary for unity.
