The main sources on the formation of American statehood are the Declaration of Independence, "Articles of Confederation", the US Constitution of 1787, and the Bill of Rights. Also, referring to the origins of the formation of the statehood, the Mayflower Compact is surely an important document.
The British political heritage has had a tremendous influence on the formation of the state system of America. English settlers brought with them the political ideas that developed in England for centuries. English Bill of Rights of 1689 was very important for the American colonists – it differentiated the rights and obligations of the ruler, was applied to the American settlers to the same extent as that of the British. One of the prerequisites of the American Revolution was the assumption that the colonists are deprived of fundamental rights laid down in the Bill. Despite the fragmentation of their activities colonial governments laid the foundations of the national statehood.
The First Continental Congress can be considered the first attempt to form an independent government of America. The first proposals on the rights of the colonies were put forward there, which have not been sufficiently supported by most Americans, and as in the result of the arisen irreconcilable contradictions between the colonies and the mother country on April 1775, the War of Independence broke out. As a result of the actions of the American colonies’ authorities, the Continental Congress declared its independence from the British Empire on July 4, 1776, after the vote of 12 colonies (New York abstained). On July 4 the Declaration of Independence was adopted. This day became an official holiday in the new country. In 1777, the Continental Congress formed the first central government. Each state had its own independent government; by 1780, all of them adopted their new constitutions. Their content indicated a break with the political structure of the colonial period in a number of fundamental relations. From now on, all authorities were set up on an elective basis, and non-elective monarchical and aristocratic branches were destroyed. American provinces become purely republican states. The "Articles of Confederation" continued to rely on the structure and the government work scheme, adopted by the Second Continental Congress. According to "Articles", the plan of the central government is quite simple, it includes a single chamber or Congress. They did not include the executive branch in the person of the president. Moreover, the "Articles" provided such norms: one delegate from each state, the absence of the federal judiciary, and disputes among states. Congress possessed only the powers defined by the "Articles of Confederation" – basically, lawmaking; all other rights – to the independent states (“The American Revolution, 1763-1783”).
Soon, shaken by the economic problems, the central government of states (meeting at a Convent on May 1787) has decided to discuss the plan for the creation of a truly national government. The delegates decided not to review the "Articles of Confederation" but began to develop a new constitution. As the movement for independence itself, a new constitution was the result of the efforts of a relatively small group of prominent politicians and did not immediately gain the support of the entire population. The most serious objection to the new Constitution was the absence of declarations of rights, however, in 1789, the Constitution was ratified. It stated that the president was the head of the state, elected for 4 years. He has the right to veto the decisions of Congress and the veto remains valid if 2/3 of the votes are not assembled at the repeated voting. The President, at his discretion, constitutes the Cabinet and changes its composition. The legislative power belongs to the Congress, consisting of two chambers: the House of Representatives and the Senate. The members of the Supreme Court are elected for life. The Supreme Court has the authority to interpret the constitution and revoke the decisions taken by Congress if the court members recognize that they are contrary to the constitution. Only about 120 thousand people out of a 3-million population enjoyed the right to vote. On September 25, 1791, ten amendments to the Constitution ("Bill of Rights") were adopted.
The US Constitution, as known, is the "oldest" of the written constitutions, which are currently in force. The level of democratism of any constitution is determined, above all, by the volume of the rights and freedoms enshrined in it and their warranty, plus, some of the other elements – the legal status of the central representative body, the extent of its powers, structure. And from this point of view, the US Constitution, taking into account its solid "age" may well serve as a model of a legal act. The Founding Fathers of the United States drew their constitutional ideas in Europe – mostly in the writings of John Locke and Thomas Hobbes. They, in fact, implemented the ideas of the French Revolution, which in the Old World had remained unfulfilled. The Founding Fathers of the United States took as a model, not the British constitution, as well as the values and ideals of American and European enlighteners of the XVIII century. The basis of the social and political institutions built in the US by the Founding Fathers is a natural law concept, the foundation of which is considered the human mind and universal moral principles. Assessing the political and legal views of Paine, Jefferson, Hamilton, and other Founding Fathers one important fact must be kept in mind – for the first time in the history, the ideas of natural law doctrine were specified in the constitutional provisions, set out in the constitutional documents, and implemented. In general, it should be noted that the US Constitution and the Bill of Rights paved the way for the development of bourgeois constitutionalism. As a result, the state system of America has developed, which is still in effect (“The Constitution”).
The US Congress consists of two chambers – the House of Representatives and the Senate. It is elected through universal, equal and direct elections by secret ballot. The House of Representatives is a nationwide representative body. It, consisting of 435 deputies, is elected for two years on the first Tuesday after the first Monday in November every even year in the single-member constituencies. Parliamentary seats are distributed among the states in proportion to the population. The redistribution of seats is carried out every ten years on the basis of the census. The constituencies in elections to the House of Representatives must have equal, if possible, population. Currently, the representation quota amounts to 520 thousand people. In addition to full members, one delegate from the District of Columbia, the Island of Guam, the Virgin Islands, Eastern Samoa, and Puerto Rico are elected to the House. They have the right to participate in the work of the Chamber and the committees, but no right to vote. A person who is a US citizen for at least seven years, has reached 25 years old, and lives in the state from his/her constituency – may be elected as a Representative.
The Senate is a representative body of the states; consists of 100 senators, each state elects two senators for 6 years together with the House of Representatives. However, the Senate is renewed every two years by one-third. A person who is a US citizen for at least nine years has reached 30 years old, and lives in the state from which elected – may be elected as a Senator (“Constitution of the United States”).
Each Chamber of Congress has an extensive system of internal subsidiary bodies, which are designed to facilitate the implementation of constitutional authority: Presidents of the Chambers, committees, factions, administrative, and technical services. The Speaker is the Chairman of the House of Representatives, formally elected by the Chamber. His election is determined in advance because he is a representative of the party faction that has a majority in the House. The Speaker of the House of Representatives is a "third" official in the state. He holds the post of the President after the Vice President, if necessary. The Vice President presides by official position in the Senate. In the case of his absence, the temporary chairman of the majority party faction is elected (“The Legislative Branch”).
The committees serve an important role in the Congress: joint, special, conciliatory, standing, committee of the Whole. The Joint committees include members of both Chambers of Congress and coordinate activities in a specific area (economics, taxation, Library of Congress etc.). The Committee of the Whole is a meeting of the Chamber in full complement acting as a committee to speed up the passage of a particular bill. However, the discussions are held with the regulatory committee procedure. Special committees are temporary. They are created to address specific issues. Conciliatory committees are created by both chambers in case of disagreement between them on certain issues. The crucial role in the legislative activities of the Congress belongs to standing committees. The House of Representatives has 20 standing committees. In the Senate, there are 16 standing committees. Standing Committees determine the fate of every bill. The practice shows that the majority of bills, approved by the Standing Committee, are adopted by the Chambers without amendments (“Committees of the U.S. Congress”).
The Constitution in sections 8 and 9 of Art. 1 and also the 16th Amendment establish amendment the competence of Congress. The financial powers of Congress consist in the right to establish and collect taxes, duties equally throughout the United States, pay debts, make loans, coin money, regulate the value of US currency, establish penalties for forgery of state securities and coins. The powers in the area of economy and trade include prerogatives to make uniform laws on bankruptcy, regulate commerce with foreign nations and among the individual States. The military authority means the right to declare war, to shape and provide the army, to build and maintain a navy. In addition, the regulating of the procedure for acquisition of US citizenship and the institution of the federal courts also refer to the authority of Congress. This list is not exhaustive. After all, defining the powers of the Constitution the creators have written that the Congress have the right “to make all Laws, which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” (“Constitution of the United States”).
At the same the Constitution established a number of bans for Congress: not to confer the titles of nobility, not to violate the procedural rights of citizens, not to tax the goods exported from the state, not to give money out of the Treasury except on the basis of law.
The competence of the Chambers of Congress is not the same. Only the House of Representatives is subject to financial bills. It also formulates allegations on impeachment concerning the President and other senior officials, elects the President if no candidate receives an absolute majority of votes. The upper house is also endowed with exceptional powers. Only the Senate has the right to ratify international agreements, approve appointments to senior positions in the state, decide on the guilt of the official on impeachment, elect the Vice President if no candidate receives an absolute majority of votes. The Senate is seen as a body that represents the interests of the states and ensures continuity of government, for this the Senate is being renewed in parts.
Congress exercises its powers by adopting laws and resolutions. The legislative process in the US Congress is realized, as in many other countries, in the following stages: the introduction of the bill, discussion, and adoption. Only Chamber members have the right to introduce a bill. Moreover, bills are usually introduced both the both representatives and senators. The discussion takes place in three readings. The third stage – the adoption of the bill. Once the bill is adopted in each house, it is sent for approval to the President. In the event of disagreement between the chambers on any bill, the Conciliation Committee is created by the members of both chambers on a parity basis. The Chambers of the US Congress are equal in lawmaking: all laws are passed with the consent of both houses.
Works Cited
“Bill of Rights”. The Charters of Freedom. The U.S. National Archives and Records
Administration. Web. Accessed 14 Dec 2016 at <http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html>
“Committees of the U.S. Congress”. US Congress Online. Web. Accessed 14 Dec 2016 at
<https://www.congress.gov/committees>
“Constitution of the United States”. The Charters of Freedom. The U.S. National Archives
and Records Administration. Web. Accessed 14 Dec 2016 at <http://www.archives.gov/exhibits/charters/constitution_transcript.html>
“The American Revolution, 1763-1783”. The Library of Congress Online. Web. Accessed 14
Dec 2016 at <http://www.loc.gov/teachers/classroommaterials/presentationsandactivities/presentations/timeline/amrev/>
“The Constitution”. The White House Online. Web. Accessed 14 Dec 2016 at
<https://www.whitehouse.gov/1600/constitution>
“The Legislative Branch”. The White House Online. Web. Accessed 14 Dec 2016 at
<https://www.whitehouse.gov/1600/legislative-branch>
