The American Political System dott. Marco Morini

I tre poteri
• Esecutivo (Presidente): potere di veto sulle leggi; nomina
di giudici e di altre cariche pubbliche; trattati
internazionali; Comandante in Capo delle forze militari;
potere di concedere la grazia.
• Legislativo (Congresso): Promulgazione di tutte le leggi
federali; nomina tutte le corti inferiori alla Corte
Suprema; superamento del veto presidenziale (coi 2/3
dei voti); impeachment del Presidente.
• Giudiziario (Corte Suprema): interpretazione delle leggi e
della Costituzionethe.
Historically, the concept of Separation of Powers dates back as far as ancient Greece.
The concepts were refined by contemporaries of the Framers, and those refinements
influenced the establishment of the three branches in the Constitution.
Article 4, Section 1
• Full Faith and Credit shall be given in each
State to the public Acts, Records, and
judicial Proceedings of every other State.
And the Congress may by general Laws
prescribe the Manner in which such Acts,
Records and Proceedings shall be proved,
and the Effect thereof.
Articolo IV
• Regola i rapporti tra gli Stati membri
dell’Unione, le modalità di ammissione di
nuovi stati, garantisce un governo
“repubblicano” a tutti gli stati
Art. 4, Section 2 (clauses 1-2)
• The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the
several States.
• A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from
Justice, and be found in another State, shall on
demand of the executive Authority of the State
from which he fled, be delivered up, to be
removed to the State having Jurisdiction of the
Crime.
Art. 4, Section 2 (Clause 3)
• No Person held to Service or Labour in
one State, under the Laws thereof,
escaping into another, shall, in
Consequence of any Law or Regulation
therein, be discharged from such Service
or Labour, but shall be delivered up on
Claim of the Party to whom such Service
or Labour may be due. (Amended in 1865:
XIII)
Art. 4, Section 3, clause 1
• New States may be admitted by the
Congress into this Union; but no new
States shall be formed or erected within
the Jurisdiction of any other State; nor any
State be formed by the Junction of two or
more States, or parts of States, without the
Consent of the Legislatures of the States
concerned as well as of the Congress.
Art. 4, Section 4, clause 1
• The United States shall guarantee to every
State in this Union a Republican Form of
Government, . . .
• [...] and [The United States] shall protect
each of them [the States] against Invasion;
and on Application of the Legislature, or of
the Executive (when the Legislature
cannot be convened) against domestic
Violence.
Art. 5
• The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of
two thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall
be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three
fourths of the several States or by Conventions in three
fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress; Provided
that no Amendment which may be made prior to the
Year One thousand eight hundred and eight shall in any
Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its
Consent, shall be deprived of its equal Suffrage in the
Senate.
Articolo V
• Fissa le procedure per emendare la
Costituzione
• 2 percorsi previsti, ma solo uno è stato
sempre utilizzato:
• Emendamento votato dai 2/3 del
Congresso e ratificato dai 3/4 degli Stati
Art. 6
• All Debts contracted and Engagements entered into,
before the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as
under the Confederation. This Constitution, and the
Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall
be made, under the Authority of the United States, shall
be the supreme Law of the Land; and the Judges in
every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary
notwithstanding.
• The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, and
all executive and judicial Officers, both of the United
States and of the several States, shall be bound by Oath
or Affirmation, to support this Constitution; but no
religious Test shall ever be required as a Qualification to
any Office or public Trust under the United States.
Articolo VI
• Pone a carico dell’Unione il debito
pubblico della Confederazione e dei
singoli Stati; definisce la Costituzione e i
trattati come “legge suprema” su tutto il
territorio, vieta la discriminazione religiosa
Art. 7
• The Ratification of the Conventions of nine
States, shall be sufficient for the
Establishment of this Constitution between
the States so ratifying the Same.
The Constitution was ratified by the states in the following order:
Votes
Date
State
% Approval
Yea
Nay
1
December 7, 1787
Delaware
30
0
100%
2
December 12, 1787
Pennsylvania
46
23
67%
3
December 18, 1787
New Jersey
38
0
100%
4
January 2, 1788
Georgia
26
0
100%
5
January 9, 1788
Connecticut
128
40
76%
6
February 6, 1788
Massachusetts
187
168
53%
7
April 28, 1788
Maryland
63
11
85%
8
May 23, 1788
South Carolina
149
73
67%
9
June 21, 1788
New Hampshire
57
47
55%
10
June 25, 1788
Virginia
89
79
53%
11
July 26, 1788
New York
30
27
53%
12
November 21, 1789
North Carolina
194
77
72%
13
May 29, 1790
Rhode Island
34
32
52%
Signatories
• 74 selected to attend, 55 actually
attended, only 39 signed.
First Amendment (1791)
• Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the Government for a
redress of grievances.
• Il Primo emendamento della Costituzione
degli Stati Uniti garantisce la terzietà della
legge rispetto al culto e il suo libero
esercizio, nonché la libertà di parola e
stampa; il diritto di riunirsi pacificamente; e
il diritto di appellarsi al governo per
correggere i torti. Esso inoltre proibisce al
Congresso di "fare alcuna legge per il
riconoscimento di qualsiasi religione"
L’influenza di Locke su Madison
• Diritti naturali inviolabili
• John Locke, Two Treatises of Government
(1689): società civile come protezione della
proprietà (vita, libertà, proprietà terriera)
• Nello stato di natura ogni individuo è libero e
uguale
• Protezione dei diritti economici individuali
(contro lo Stato)
• Individualismo. Essenza della Nazione?
Other granted rights
•
•
•
•
•
•
•
•
Anonymous speech
Campaign finance
Flag desecration
Free speech zones
School speech
Obscenity
Libels and slander
Memoirs of convicted criminals
Positive and Negative ≠ True and False
• “Huckabee is a skilful politician because,
as Arkansas governor, cut taxes keeping
balanced the budget”.
• “Huckabee is a devoted family father,
opposite to Giuliani that is adulterous,
multi-divorced and frequents homosexuals
and transvestites”.
Second Amendment (1791)
• A well regulated Militia, being
necessary to the security of a free
State, the right of the people to
keep and bear Arms, shall not be
infringed.
Ragioni dell’emendamento:
•
•
•
•
•
•
Repelling invasion
Deterring undemocratic government
Suppressing insurrection
Facilitating a natural right of self-defense
Participating in law-enforcement
Enabling the people to organize a militia
system
3 modelli di interpretazione
(II Amendment)
• 1) “collective rights model”: does not apply
to individuals, it merely recognizes the
right of a state to arm its militia.
• 2) “sophisticated collective rights model”:
individual only during organized militia’s
activities.
• 3) “standard model”: right of individual to
keep and bear arms.
• Second Amendment:
guarantees the right of
individuals to possess
weapons.
III Amendment
• No Soldier shall, in time of peace be
quartered in any house, without the
consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
• Third Amendment: prohibits the
government from using private homes as
quarters for soldiers during peacetime
without the consent of the owners.
IV Amendment
• The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be
seized.
• Fourth Amendment: guards against
searches, arrests, and seizures of property
without a specific warrant or a "probable
cause" to believe a crime has been
committed.
V Amendment
• No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation
• Fifth Amendment: forbids trial for a major
crime except after indictment by a grand
jury; prohibits double jeopardy (repeated
trials), except in certain very limited
circumstances; forbids punishment without
due process of law; and provides that an
accused person may not be compelled to
testify against himself.This is regarded as
the "rights of the accused" amendment. It
also prohibits government from taking
private property for public use without "just
compensation".
VI Amendment
• In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district
shall have been previously ascertained by law,
and to be informed of the nature and cause of
the accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his
defence
Speedy Trial
“Four factors” (US Supreme Court 1972)
• Length of delay (reasonable ~ 1 year)
• Reason for the delay
• Time and manner (in which the defendant
has asserted his right)
• Degree of prejudice to the defendant
which the delay has caused
• Sixth Amendment: guarantees a speedy
public trial for criminal offenses. It requires
trial by a jury, guarantees the right to legal
counsel for the accused, and guarantees
that the accused may require witnesses to
attend the trial and testify in the presence
of the accused. It also guarantees the
accused a right to know the charges
against him.
VII Amendment
• In Suits at common law, where the value
in controversy shall exceed twenty dollars,
the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be
otherwise re-examined in any Court of the
United States, than according to the rules
of the common law.
• Seventh Amendment: assures trial by jury
in civil cases.
VIII Amendment
• Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and
unusual punishments inflicted.
• Eighth Amendment: forbids
excessive baill or fines, and
cruel and unusual punishment.
IX Amendment
• The enumeration in the
Constitution of certain rights shall
not be construed to deny or
disparage others retained by the
people.
• Ninth Amendment: declares that the
listing of individual rights in the
Constitution and Bill of Rights is not
meant to be comprehensive; and that
the other rights not specifically
mentioned are retained by the people.
X Amendment
• The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the
States respectively, or to the people.
• Tenth Amendment: reserves to the states
respectively, or to the people, any powers
the Constitution did not delegate to the
United States, nor prohibit the states from
exercising.