How To: Constitution System

President

The US are a federal republic with presidential democracy. The basic principles for the institutional organization of the US are separation of powers and checks and balances. Even though none of the constitutional organs - president, congress and federal courts - has sole possession of one power, the president is mainly the executive power, Congress the legislative and the federal courts the judicative. Compared to most European constitutions, the president is made exceptionally powerful by the constitution. Another typical characteristic of the US constitution is that not everything is clearly defined down to the last detail, leaving great room for interpretation. Furthermore, the US constitution is one of the oldest democratic constitutions in history and the original text of 1787 hasn't been changed until this very day. There are, however, several amendments that adjust the constitution to modern times and prevent it from becoming outdated.

The nominal head of state is the president, who is also the head of government. He is the commander in chief for the army and navy and has the right to bring in legislative initiatives and a veto right for any bills. With the Senate's approval he can make treaties with other countries and assign representatives to the diplomatic missions. In an indirect public election, the president is elected for four years. All registered voters of a state elect as many electors as they have Congressmen in the state. The electoral board then elects the president, the majority wins. Since 1951, a president can only be re-elected once. The vice president is being elected the same way. His job includes presidency of the Senate, and in case the president can no longer do his job he takes over for the rest of the presidential term.

Congress

Congress is the legislative power. It is divided into two Houses that debate and vote independently of each other. The Representatives of the House are elected by the voters in their respective state - usually in single-member constituencies - according to the number of residents in the state. This number is determined by a census every ten years. The representatives are in office for two years. The Senate consists of two Senators from each state, they are elected for a period of 6 years. Every two years, a third of the senators is being elected. If a bill is to be passed by Congress, both Houses have to pass it individually. This division of the parliament into Senate and House of Representatives has become the model for all state constitutions.

Federal Courts

For any legal proceedings, the US has their own Federal Courts that are completely separate from those of the individual states. The Federal Courts' jurisdiction includes federal law as well as all cases in which the parties include the US, several individual states or foreign persons. The Supreme Court, a key figure in the US political system, is at the top of all federal courts. It consists of nine judges appointed (for life) by the president and confirmed by the Senate. Not only is it the highest court of appeals, but also the Constitutional Court. The Supreme Court may revoke all Congress resolutions and presidential orders if it rules that they are unconstitutional.

Checks and balances

There are three levels of security measures against the president becoming too powerful. First, he can only act within the law and constitution. The laws, in turn, are the responsibility of Congress and the Supreme Court is there to make sure that everything is constitutional. Second, in case any government official including the president and all federal judges is accused of unlawful activity, Congress has the instrument of impeachment to remove the person in question from office. The House brings in the formal allegations, the Senate decides upon it. Third, Senate has a veto right for all especially important presidential decisions, treaties do not take effect before Senate has ratified them, Supreme Court judges must be approved by the Senate, the same applies to ambassadors and State Secretaries.

Congress cannot become too powerful because it is divided into two very different houses. Furthermore, any resolutions have to be signed by the president before they can take effect. Only if both the Senate and the House have passed a bill with two thirds majority does the president not have a veto right. Congress is being controlled by the Supreme Court.

The three powers (legislative, executive, judicative) according to Montesquieu are not assigned to three separate independent organs in the US, but rather each of the three has access to a certain portion of each power. The three organs are connected in a way that makes it impossible for one of them to assume all power. That's why it is called a system of checks and balances.