Professional Documents
Culture Documents
US Political System
US Political System
1
US POLITICAL
SYSTEM
Articles of Confederation
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Came into force---1 March 1781
Trade
Revenue generation
Foreign affaires
3
militia
REASONS OF FAILURE
5
US CONSTITUTION
CAME INTO FORCE 1789
Article 1 - Legislature 10 sections
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Article 5 - Amending the constitution
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FEATURES OF US'
CONSTITUTION
Written character
Bill of rights
Dual citizenship
Judicial review
Division of powers
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Spoil system
ELECTION OF AMERICAN
PRESIDENT
Qualifications
1. natural born citizen
2. must be 35 years of age
3. lived for 14 years in US
Executive powers
a) Chief Administrator
b) Commander-in-chief
c) Dictator of foreign affaires
d) Appointments
Legislative Functions
d) Patronage
e) Appeal to public opinion
f) Personal influence
g) Delegated legislation –rule-making power
through executive orders
Its life
Qualifications
Its committees
Its powers
Legislative and financial
Executive powers
Judicial Authority
14
MOST POWERFUL CHAMBER OF
THE WORLD
1) Direct executive powers-internal external policy
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6) Equal legislative and financial power
7) Practice of Filibustering
8) Court of impeachment
Legislative pressure
Technical legislature
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Standing committees –miniature legislatures-19 in US
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COMMITTEE SYSTEM IN UK
1) Committee of Selection- 11 members from treasury and
opposition select members of committees
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COMPARISON BETWEEN US AND UK
HOC not delegated powers to committee while US
standing committees are real legislative called miniature
legislature by Woodrow Wilson
In UK- chairman neutral and impartial in US partisan
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SEPARATION OF POWERS AND
CHECKS AND BALANCES
“No feature of American government ,
national, state ,and often local is more
characteristic than the separation of powers
combined with precautionary checks and
balances”
“ Frederick Ogg ”
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ORIGIN / ROOTS OF THEORY
Aristotle---For Rule of Law three
institutions
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Montesquieu –The Spirit of Laws
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MOTIVES BEHIND SEPARATION OF
POWERS
Wanted limited government
Checks on despotism and arbitrary actions
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CONSTITUTIONAL PROVISIONS
Article – 1 Legislative powers with congress
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HOW CHECKS AND
BALANCES WORK
Executive Checks on Congress
1. Veto power
2. Executive Actions
3. Laws subject to executive consent
4. Congressional appointments subject to president
Congress Control on Executive
1. Appointment of judges
2. Increase and decrease number of courts
3. Increase and decrease salary of judges
4. Could impeach judges
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JUDICIAL REVIEW
Is the power of SC to review actions taken by legislative
branch and executive branch declaring it constitutional
or unconstitutional
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Judicial Review of Civil Actions
Section 114 of CPC ….power of HC
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Modes of Exercising Powers of JR
Writ of Mandamus …command issued to a public authority
to do a certain act
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JUDICIAL ACTIVISM
Is a broader term used to define the process of judicial
review
Readiness and quickness of the judiciary to perform the
act of judicial review
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NEGATIVE IMPLICATIONS
Results in institutional imbalance
Derails democratic political system
35
SUGGESTIONS TO CURTAIL JUDICIAL
ACTIVISM
Amend the Constitution
Follow Indian model of JR
Strengthen institutions
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