State-legal development of the United States in XVIII-XIX

State-legal development of the United States in XVIII-XIX

Content 1. The struggle for independence and the causes of the revolution 2. “Declaration of independence” 3. “Articles of Confederation” 4. The US Constitution 5. The development of the law

The struggle of the American colonies for independence At the beginning of the 18 th century. in the U. S. , there were 13 colonies which were divided into three groups: 1)the crown, which was under the control of Royal officials (Virginia, Georgia, etc. ); 2) self-governing (Connecticut, Rhode island, Massachusetts 3) privately owned (Pennsylvania, Delaware, Maryland, etc. ).

Till the middle of the eighteenth century. the colonies had a certain political autonomy. At the head of the colonies were the governors, who were appointed by king or proprietors of the colonies, or were elected by the entire population. In all the colonies, existed representative bodies had the right to make laws, set taxes. The governors had the right to veto bills adopted by these bodies.

The causes of the revolution: • The selfish policy of the British government • The enforced placement of growing contingents of British troops in the American colonies • England, impeding economic development of the colonies, took measures aimed at the cessation of their growth industry • the introduction of "stamp duty" - a new tax, which levied and shopping deals, and documents, and Newspapers , and ads

Бостонське чаювання— акція американських колоністів у відповідь на дії Британського уряду, в результаті якої в Бостонській гавані був знищений вантаж із 342 ящиків чаю, який належав Англійській Ост-Індській компанії. Ця подія, яка послугувала початком американській революції, є символічною в американській історії.

5 Sep 1774 the colonists convene The first continental Congress, which ushering the creation the General Executive body for all the colonies, addressed to the king George IV with the request colonies greater rights. King gave the order to suppress speech colonies and sent troops.

In may 1775, assembled the second continental Congress, which, noting the state of war with England, adopted the decision on the establishment of the army. Each colony declared itself independent.

The second continental Congress in terms of war, which actually began, assumed the functions of the Central government, stated the state of war and decided to organize a joint army of the colonies. At the head of the army was George Washington (17321799).

George Washington— American statesman, the first President of the United States, the founding father of the United States, commander in chief of the Continental army, the participant of war for independence of the North American States, Creator of the American presidency, General of the armies of the United States.

The Declaration of independence In July 4, 1776. was adopted "the Declaration of independence, " which declared that colonial oppression is contrary to the natural rights of man to freedom, life and pursuit of happiness, and the rebels the colonies were free and independent States United in United States of America. The author of the Declaration was Thomas Jefferson (1743 -1826).

Thomas Jefferson a member of the First American revolution, the 3 rd President of the United States, one of the founders of this state, an outstanding politician, diplomat and philosopher. He was Chairman of the Committee writing the Declaration of independence. In the Declaration of independence, which at the request of Congress developed the 33 -year-old Jefferson (the youngest of the deputies), he introduced the clause on the abolition of slavery. However, this item during the edition of a document, a special Commission struck out.

The Declaration of independence The introductory part: that is the natural human aspiration to political independence Preamble: - due to the legitimacy of the revolution if the government violates the fundamental rights of citizens The main part: - a long list of "repeated harassment and usurpation" by the British government against the rights and freedoms of American colonists - mention the attempts of the colonists to attract the attention of the British authorities to set out issues - colonies are forced to discard their political connection with the British crown and become independent States

Articles of Confederation The second continental Congress in November 1777. adopts the first constitutional document, the "Articles of Confederation and perpetual Union, " a draft of which was submitted for the approval of all States. Finally, this document comes into force March 1, 1781 Under the articles, the Confederation has decided questions of war and peace, diplomacy, the Western territories, monetary and public loans, while other issues were left for States.

Structure Articles of Confederation was created in five pages and consist of the preamble, thirteen articles and the signature list. Main provisions: The Name Of The Confederation Is "The United States Of America. - Proclaimed the sovereignty of States and guaranteed their powers in the part in which they are not transferred to the Confederation. - Set the goal of creating a Confederation, the States agree to help each other. - The freedom of movement of citizens of the States of the Confederation and the duty of States to extradite criminals.

Structure • The principle of "one state has one vote in Congress" and the appointment of delegates to the Congress (delegates determine the legislature States, one person may be a delegate for more than three out of every six years). • International relations are the exclusive competence of the Confederation, the States may not have their own armed forces (except militia) and the Navy without the authorization of Congress. • The procedure of awarding military ranks during the war (the rank below Colonel assigned to the legislature of the States).

• • • The expenses of the Confederation shall be paid from the fees which were set by legeslature of. States and distributed to States in proportion to the value of land in the States. The powers of the Confederation: declare war, standardization of weights and measures (including cash handling), disputes between the States. The Committee States, the authority of the acting government between sessions of Congress. Establishes procedures for the acceptance of the new member (Canada (modern Quebec) is assumed by default, in other cases it requires the approval of nine States). Confirmation of the commitments made by the United States prior to the approval of the Articles of Confederation. The procedure of changing of Articles - changes must be approved by all States.

But the Articles of Confederation proved ineffective, and identified a number of problematic issues, in particular: Congress was more diplomatic institution The General budget of the Union did not exist There was no mechanism for the implementation of the resolutions of the Congress Given this j. Washington called the Articles of Confederation “rope of sand”

Constitution • September 17, 1787, the Convention approved a draft Constitution • Consists of a preamble, 7 articles and 27 amendments • Written in the first person and begins with the words "We the people of the United States. . . ". • The authors considered. Franklin, A. Hamilton, D. Madison

The Principles Of The Constitution: Republican form of government Federalism The distribution of power among the three branches

The legislature Congress The house of representatives Senate

The house of representatives ü Members were elected for two years from each state ü Candidates were presented with the following requirements: - 25 years - to be for 7 years a US citizen - - during the holding of elections to reside in the state from which elected

The Senate ü Two senators were chosen from the state for six years, at first by the state legislatures, since 1913 by the population of States ü Each Senator had one vote ü A Senator could be a person who was 30 years old, for 9 years was a U. S. citizen at the time of the election lived in the state from which elected ü The President of the Senate was Vice-President

Executive power • The head of state and Executive is the President • The President is elected by a two-stage election for a term of four years • The President appointed Ministers, and was commander of the armed forces, carried out representative functions, - appointed members of the Supreme court • The President could be a person aged 35 years who was a U. S. citizen and lived in the United States at least 14 years

The level of judicial system Federal (Supreme court, the courts of appeal, district courts) The judicial system each state (The state Supreme court, the courts of first instance and local courts)

The development of the law A feature of the legal system of the United States of America was the fact that the legal system was formed at the level of the whole country and individual States. The long history of colonization is reflected in the formation of the sources of law. Even before independence, American lawyers widely used English law. The most important work during the formation of the new state was processing the English precedent so that Edina has developed a practice in all States

Civil law Federal legislation affected private law only in General questions. Careful consideration of the civil laws was exposed to the civil codes of the States. Specific had a direct manifestation in the law of discrimination against the persons who were once slaves. Introduces the Institute of a legal entity, detailed regulation of their activities, especially the corporate (equity) forms. With their appearance a special legal regulation was required by the institution of ownership. With the development of capitalist production occurs associated corporate form of ownership. This required a legislative recognition that had not the Constitution. Required a Supreme court decision. His role was significant in the development of contract law. Distinguished law in written form and "transfer of contractual rights as property rights. "

Family law In the field of family relations used rules of English common law. And each state they are treated differently. Since the mid-nineteenth century. significantly expands the capacity of women, including in property relations. A special legal regime acquired the property at the time of opening the inheritance. It was under the protection of the court.

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