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The Institutions of Government

Constitutional law, in its essentials, is an expression of how people want to live as individuals within an organized society.1 What form of government they want? What powers shall the government exercise? 

What rights and liberties shall remain with the people? By what mechanisms are these rights and liberties protected?

Because of the common law tradition,American constitutional law consists of the federal constitution and the case law under it.

The federal constitution, ratified in 1788 by the original thirteen states and thus today the oldest operative constitution in the world, is the core of the American legal system. It establishes the governmental structure of the federation, regulates the relationship between the federation and the member states 9 and lays down the basic rights of the American people.

The first three articles of the constitution separate the power of the government among the three governmental branches : the executive (the president and the federal agencies and departments under him)» the legislative (the Congress), and the judicial (the Supreme Court and the inferior federal courts).

The President
The president functions as head of state and chief of government. As head of state, he grants recognition to new foreign states,receives and appoints ambassadors and concludes state treaties as chief of government» he heads the executive branch 9 appoints and dismisses members of the government.3 Besides, he is also the commander in chief of the armed forces.

The president conducts the activities of the administration with the help of his Cabinet. Cabinet members (secretaries of the departments and other officials with cabinet rank) are appointed by the President (and thereafter confirmed by the Senate) and are subject to dismissal by him alone i they are not members of the Congress.

The president is not subject to any legislative control for his political acts. There is no vote of no confidence which can force him to resign. The only legislative control is the president's possible removal from office by means of the impeachment procedure. This is possible only upon “conviction of treason, bribery» high crimes and misdemeanors".

The Congress
All legislative powers are vested in the Congress, which consists of the Senate and the House of Representatives.

Section 8 of Article I of the Constitution enumerates the legislative powers of the Congress in specified subject matter areas. These include» among others, interstate and foreign commerce, federal taxation, currency, postal service,declaration of war, establishment of armed services, maritime law, bankruptcy patent and copyright. Besides, Congress also has the power to make laws which shall be necessary and proper for carrying into execution the foregoing powers.

All statutes except treaties are adopted by simple majority of both Houses of Congress. Proposals for statutes (bills) may be introduced in either House. However, the federal budget,financial allocation in general, and impeachment must originate in the House of Representatives. Statutes enter into force after they have been signed by the president or at the time specified in them. If vetoed by the president, a statute must be passed anew by a two-thirds majority in both houses before it enters into force. The Supreme Court The Supreme Court was established by the Constitution. It consists of nine justices appointed for life by the president with the advice and consent of the Senate. Its jurisdiction as a court of first instance is limited by the constitution. Its jurisdiction as an appellate court as well as the establishment of inferior federal courts derive from federal legislation.

Answer the following questions:
1. What is constitutional law?
2. What does American constitutional law consist of?
3. When did the American Constitution become the supreme law of the land?
4. What are the first three articles of the Constitution about?
5. Name some of the important legislative powers of Congress.
6. Does Congress have power to make property laws?
7. Describe the process by which statutory laws are made in the US Congress.
8. What does the President do as head of state? As chief of government? And the chief executive?
9. Does the President have any control over the process of law making?
10. Name some bills that must originate in the House of Representatives.
11. Can you give some reasons why the justices of the Supreme Court are appointed for life?
12. Does Congress have any control over the federal courts?

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