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The supreme bodies of authority and management under the Constitution of USA
a) The congress
The legislature under the Constitution of 1787 belongs to the Congress of USA (an item 1, .1), consisting of two chambers: the Houses of Representatives and the senate. Both chambers have received equal rights in that, as to the legislative initiative and acceptance of laws. The competence of the Congress included the following questions (an item 1, .8): an establishment and collection of duties, taxes, duties; care of the general(common) well-being and joint defense of USA; uniformity of taxes, and duties in all territory of USA; manufacture of loans due to the state; questions of foreign trade; uniform interpretation of laws in all territory of federation; stamping of a coin; post service; establishment of the courts subordinated to the Supreme court; declaration of war; a set and the maintenance(contents) of army; suppression of the performances(statements) breaking the order established by the law, etc. Besides powers of the Congress included the statement of the state budget, ratification of the international contracts signed by the president, purpose(assignment) for the major state posts. Last item(point) demands specification. Embodying in life system mutual and , the Constitution has empowered the senate to assert(approve) the ministers appointed the president and members of the government. But after the senate gives the consent to purpose(assignment), it(he) can not remove them from the posts expression of mistrust any more or censures. Thus, the legislature loses an opportunity directly to influence work of the government. The system and operates and inside the Congress. It concerns also procedure of acceptance of laws, both structure of chambers, and an election system of members of the Congress. So, at discussion of the bill approved by one of chambers, another can offer amendments to it(him). And only after the bill will pass both chambers, it(he) acts to the President of the country (an item 1, .7). In case of approval, the President signs the bill in ten-day term (if the President has not made any decision under the bill it(he) becomes the law without his(its) signature), and in case of disagreement - sends the Bill with the objections in that chamber from which it(he) has acted(arrived). After that the appropriate chamber again considers(examines) the bill with amendments of the president. If the Bill with amendments types(collects) 2/3 voices in both chambers, it(he) becomes the law. So influence of the president on legislature is provided. As to an election system and structure of chambers more conservative, professional senate on structure was initially conceived, as alternative, a counterbalance to the "national" House of Representatives, the population of staffs(states) each 2 years. Members of the senate down to 1913 were selected parliaments of staffs(states), and the structure of it(him) is completely updated for 6 years (rotation on third of deputies each 2 years was established). All this gave the senate some independence of voters and an opportunity, if necessary, to block populist decisions of the House of Representatives. The two-chamber structure of the Congress of USA was stipulated also with the purpose of maintenance of proportional representation of staffs(states) in a legislature. Densety populated staffs(states) had a clear advantage before sparsely populated at elections to the House of Representatives. The senate in which each staff(state) had two representatives, irrespective of number of voters, equalized chances of small staffs(states) with big. Approaches to purpose(assignment) of heads of chambers are various also. The House of Representatives selects the speaker, and in the senate the chapter automatically is vice-president. Also it is necessary to note, that the Constitution has put in pawn the mechanism of return influence of subjects of federation on legislative activity of the Congress. Federal laws, acting on ratification in parliaments of staffs(states), inure in all territory of the country only after the necessary majority (for that period nine of thirteen
) staffs(states) ratify it(him).
) The president
The chief executive of USA is the president (an item 2, .1). The constitution has united in his(its) person the head of the state and the governments. To it(him) the Supreme command by armed Forces (was entrusted to an item 2, .2). As the head of the state, the president represents United States on international scene, signs the international agreements, carries out a management(manual) internal and foreign policy of the state. As the head of the government, the president forms his(its) bodies, appoints ministers (with the consent of the senate), supervises over work of federal executive authority, can release(exempt) from a post of any member of the government. In the activity the president does not depend on how the policy(politics) spent by him(it) in the congress will be accepted, except for cases when realization of this policy(politics) would be impossible without his(its) assistance (assignments, the conclusion of the international contracts, the legislation, purpose(assignment) for the important posts). The president is not accountable to the congress that provides to it(him) freedom of actions. However, following a principle of division of authorities, the constitution has deprived with the president of the legislative initiative in strict sense of a word (the right to represent chambers the ready bill). The president has the right to put a veto for any bill accepted by both chambers to send it(him) on completion with the objections in that chamber from which it(he) has acted(arrived). On the other hand, the Constitution establishes, that the presidential veto can "be overturned" by the qualified majority of both chambers. The president has no powers to dismiss any of chambers of the Congress. In turn, for removal(distance) of the president the Constitution demands the proved accusation of change, bribery or other important crimes. Both chambers have powers to excite procedure of impeachment (an item 2, .4). But the question on discharge from authority of the president solves the senate under presidency of the Supreme judge by two thirds of voices present. In result, the president and the congress opportunities to interfere with affairs each other directly were deprived, that provides their independence from each other. It is possible to tell, that the president has indirect influence on the Supreme court meaning that it(he) appoints his(its) members. But as they are appointed for life, and all including the president of USA, obliged to submit to decisions of the Supreme court there is obvious that the system mutual and works here again.
Positions of the Constitution about the order, terms of elections and a term of office of the president (an item 2, .1) are essentially important. In particular, it was established, that the president of USA is selected electors (i.e. the persons directly voting at indirect elections for the candidate for a post of the president) on staffs(states) in time strictly stipulated by the Constitution to avoid possible(probable) manipulations with terms of elections. Electors submitted voices with the help of bulletins. Passed for whom a lot of an electoral vote (an item 2, .1) was sent. Powers of the president were limited to four years, but to it(him) was not forbidden to achieve re-election on new term.
) The Supreme court
The Constitution names the third authority of United States court. By consideration of this part of the Constitution members of Constituent convent offered to give the Supreme federal court of power of the maximum(supreme) judicial instance of USA (an item 3, .1). It(he) should receive the right of revision of the laws accepted by the Congress at their discrepancy of the Constitution, but not as supervising instance, and in connection with the certain actions of proceeding which are taking place in his(its) manufacture. The Supreme court should receive such right and concerning the laws accepted by parliaments of staffs(states) and decisions of regular courts. However, these positions in the Constitution have not come. Being afraid of counteraction of staffs(states) on which decision the destiny of the Constitution depend, understanding, that they will not suffer intervention of federation in their "internal affairs", including the legislation and court, members of Convent have again compromised, having postponed the decision of this question up to best times. Under the Constitution of 1787 (an item. 3, .2) the judicial authority of federation should reach all those affairs, ... Arising on the basis of the present Constitution , from laws and treatises which are accepted, made or can be accepted and made by United States further. Besides it to federal jurisdiction disputes between chambers, suit between citizens of various staffs(states) and some other claims concerning federation as a whole were referred. Members of the Supreme court are appointed the president of USA for life. It reaches(achieves) independence of judicial authority from legislative and executive. The question on practical creation of the new judicial organization of USA and on fastening powers of the Supreme court was considered among the basic by the first Congress of USA. In result the Law about 1789 (see the appendix) was accepted. As well as it was conceived by development of the Constitution, to a question on the Supreme constitutional supervision, the Congress has given the Supreme court of USA the right of a cancellation of any law, both federal, and regular if it will be found, that this law evades from instructions and principles of the Constitution. Moreover, the Supreme court received powers to issue instructions, obligatory for enforcement authorities, including the president and ministers. This position contradicted the constitutional principle of division of authorities as put the Supreme court above the Congress and the president. It is necessary to note, that later this skew was smoothed by Supreme court during hearing affair 1803. Since then and till now the Supreme court posesses the final right to treat the Constitution, i.e. ... To speak, that there is a right of the country and, that contradicts it(him). The decision of the Supreme court is final and to discussion is not subject. The first congress also developed structure federal . It was solved, that to the order and in parallel with courts of staffs(states) the federal judicial system consisting of regional and district courts (for this period their quantity(amount) was determined in 30 regional and 3 district courts) will function. The last were allocated appeal authority concerning the first.
