2.3 The Bill of Rights

The Constitution has been amended 27 times since 1789, and it is likely to be further revised in the future. The most sweeping changes occured within two years of its adoption. In that period, the first ten amendments, known collectively as the Bill of Rights, were added. Congress approved these amendments as a bllock in september 1789, and 11 states had ratified them by the end of 1791.
Much of the initial resistance to the Constitution came not from those opposed to strenghtening the federal union but from statesmen who felt that the rights of individuals must be specifically spelled out.These amendmends remain intact today, as they were written two centuries ago. The first guarantees freedom of worship, speech and press, the right of peacefull assembly, and the right to petition the government to correct wrongs. The second guarantees the right of citizens to bear arms. The third provides that troops may not be quarted in private homes without the owner´s consent. The forth guards aginst unreasonable searches, arrests, and seizers of property.
The next four amendments deal with the system of justice. The fifth forbids trial for a major crime except after indictment by a grand jury. It prohibids repeted trials for the same offense, forbids punishment without due process of law, andd provides that an accused person may not be compelled to testify against himself. The sixth guarantees a speedy public trial for criminal offences. It requires trial by an unbiased jury, guarantees the right to legal counsel for the accused, and provides that witnesses shall be compelled to attend the trial and testify in the presence of the accused. The seventh assures trial by jury in civil cases involving valued at more than 20 USD. The eight forbids excessive bail or fines, and cruel or unusual punishment.
The last two of them contain very broad statements of constitutional authority. The ninth declares that the listing of individual rights is not meant to be comprehensive, that the people have other rights not specifically mentioned in the constitution. The tenth provides that powers not delegated by the constitution to the federal government nor prohibited by it to the the states are reserved to the states or the people.

3. The Federalist Papers

3.1 Introduction

For Thomas Jefferson, one of America´s Founding Fathers and later the new nation´s third president, the Federalist Papers were the best comentary on the principles of government.... ever written. For the 19th century British philosopher, John Stuart Mill, The Federalist – as a collection of 85 short essays was ussually titled – was „ the most instructive treatise we possess on federal government“.
Contemporary historians, jurist, and poitical scientists have generally agreed that The Federalist is the most important work of political philosophy and pragmatic government ever written in the US.It has been compared to many well-known philosophical works in the world, and it has also inspired other constitutions in the world.
The delegates who signed the draft US Constitution in Philadelphia on september 17, 1787, needed support of 9 from 13 states to ratify the Constitution. The biggest problems were with the two most powerfull states in US – New York and Virginia.
The Federalist Papers were in fact a work of two American scholars Alexander Hamilton, aged 32, and James Madison, aged 36, and what is very interresting is the fact that this young men were from the states New York and Virginia, isn´t it ironic? And of course John jay had contributed with 5 essays too.
It was Hamilton´s idea to ask the other ones to join him in this crucial American project. Their purpose was to persuade the New York convention to ratify the Constitution. They wrote this essays into the New York newsletters under a common pseudonym Publius. As I already had noticed, the Federalist Papers were Hamilton´s idea – it was him who initiated the whole project, outlined the topics, and wrote the majority of the essays – 51. In contrast it were the Letters of Madisson to be the most memorable ones.
The Federalist Papers were written between October 1787 and May 1788, and they had an great influence on the ratification of the Constitution in the State New York.

3.2 Checks and Balances

The federalist Papers also provide the first specific mentio found in political literature of the idea of checks and balances as a way of restricting governmental power and preventing its abuse. The words are used mainly in reference to the bicameral legislature, which Hamilton and Madison regarded as the most powerful branch of government.That means that the House of Representatives would be checked and balanced by the most conservative Senate chosen by state legislatures.
In the essay number 78, Hamilton defended the Supreme Court´s right to rule upon the constitutionality of laws passed by national or state legislatures.
3.3 The Separation of Powers
The idea of separating powers among the various branches of government to avoid the tyranny of concentrated power falls under the larger category of checks and balances. But the Federalist Papers see another virtue in the separation of powers, namely, an increase in governmental efficiency and effectiveness.
Qualities that might be crucial to one function could be inapropriate for another. Hamilton termed on the one hand „energy in the executive“ and on the other hand „deliberation and wisdom for a legislator“, as far for the qualities for a judge should be „integrity andmoderation“. The difference of needs also explains why executive authority should be placed in the hands of one person, the president, since a plurality of executives could lead to a paralysis and frustrate the most important measures of government, in the most critical emergencies of the state.

4. Powers of the Presidency

4.1 The Presidency

The office of the president of the united States is one of the most powerful in the world. The president, the Constitution says, must „ take care that the laws be faithfully executed “. To carry out this responsibility, he presides over the executive branch of the federal government – a vast organization numbering about 4 million people, including 1 million active – duty military personnel. In addition, the president has important legislative and judicial powers.
He is elected, by the people, but not directly, but through the electoral college, to a four year term, limited to 2 terms. The president is quite well paid 400 000 USD per year, he is inaugurated on 20 of January, following the November generall elections.

4.2 Executive, legislative and judicial powers

• Executive power
Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the workings of the federal government. As comander – in – chief of the armed forces of the US, the president may also call into federal service the state units of the National Guard. In extraordinary occasions, the Congress may grant the president to manage the national economy and protect the securiry of the US. He also nominates the heads of all executive departmends and agencies, together with other federal officials. The selection is based on ability and experience.
• Legislative power
The president, as the chief formulator of public policy, has a major legislative role. He can veto any bill passed by Congress and, unless two – thirds of the members of each house vote to override the veto, the bill doesn ´t become a law. The president also has the power to call a special session of Congress, if necessery.
• Judicial powers
Among the president ´s constitutional powers is that of appointing important public officials – federal judges, members of the Supreme Court, pardoning.

4.3 Powers in Foreign Affairs

The president is responsible for the relations of the US with foreign nations. He appoints ambassadors, ministers, receives foreign ambassadors and other public officials. He manages all official contacts with foreign governments. The president is responsible for the protection of Americans abroad and of foreign nationals in the US. He is also empowered to decide wheter to recognize or not a new nation, new government, and negotiate.