droit des etats unis cours

« The exam: 40 questions Myth and reality of the American system Summary: 1) The constitution of foundations Many myths about the American constitution: concern the American constitution: the farmers Role of the judge is to apply the law, ask the question “what was the intention of the farmers with the constitution?” Constitution made an incredible role: the myth = what people believe Reality=what begin Flattering picture of the farmers: what is the reality behind the picture of the farmers ‘founding fathers”: arrived in May Who where these men: the intendment philosophy: political decision: apply their notions to the design of a new constitution = improve the system 1997 Not many powers were given to the government, in the original time only 14 states George Washington and Benjamin franklin: contribute to the debate During the convention debate: influence helps to Symbol with those men, social interest, and selfish view, What image do the American have to this constitution? In 2002 the us constitution is a symbol of the nation and the symbol to other people of the others country There is only seven articles: 27 amendments Degrees of respect the constitution receive For most American people the document represents the constitution as a nation The American nation is related to a common idea The myth of a timeless and profit constitution: the us constitution is most of a simple document The constitution has been amended times What is the reality? The constitution has been constantly reinterpreted (status tory), subjects to change by time and circumstances The interpretation has change Five mains’ goals here: need to shape these legibility (3 branches of the government, 4 procedures) How do they establish this legitimacy? FONDAMENTAL TO ANY GOVERNMENT TO HAVE CITITIZEN BELIEVE: fundamental articles: you agree, you consent The legitimacy of the constitution is written in the preamble of the constitution. »