State-legal development of the United States in XVIII-XIX

1. State-legal development of the United States in XVIII-XIX

2.

Content
1. The struggle for independence and the
causes of the revolution
2. “Declaration of independence”
3. “Articles of Confederation”
4. The US Constitution
5. The development of the law

3.

The struggle of the American colonies for
independence
At the beginning of the 18th
century. in the U.S., there
were 13 colonies which were
divided into three
groups:1)the crown, which
was under the control of
Royal officials (Virginia,
Georgia, etc.);
2) self-governing
(Connecticut, Rhode island,
Massachusetts
3) privately owned
(Pennsylvania, Delaware,
Maryland, etc.).

4.

Till the middle of the eighteenth century. the
colonies had a certain political autonomy.
At the head of the colonies were the
governors, who were appointed by king or
proprietors of the colonies, or were elected
by the entire population. In all the colonies,
existed representative bodies had the right
to make laws, set taxes. The governors had
the right to veto bills adopted by these
bodies.

5. The causes of the revolution:

• The selfish policy of the British
government
• The enforced placement of growing
contingents of British troops in the
American colonies
• England, impeding economic development
of the colonies, took measures aimed at
the cessation of their growth industry
• the introduction of "stamp duty" - a new
tax, which levied and shopping deals, and
documents, and Newspapers , and ads

6.

Бостонське чаювання— акція
американських колоністів у відповідь на дії
Британського уряду, в результаті якої в
Бостонській гавані був знищений вантаж із
342 ящиків чаю, який належав Англійській
Ост-Індській компанії. Ця подія, яка
послугувала початком американській
революції, є символічною в американській
історії.

7.

5 Sep 1774 the colonists
convene The first continental
Congress, which ushering the
creation the General Executive body
for all the colonies, addressed to the
king George IV with the request
colonies greater rights. King gave the
order to suppress speech colonies
and sent troops.

8.

In may 1775, assembled the
second continental Congress,
which, noting the state of war
with England, adopted the
decision on the establishment
of the army. Each colony
declared itself independent.

9.

The second continental Congress in terms of war, which
actually began, assumed the functions of the Central
government, stated the state of war and decided to organize a
joint army of the colonies. At the head of the army was George
Washington (1732-1799).

10.

George Washington—
American statesman, the
first President of the United
States, the founding father
of the United States,
commander in chief of the
Continental army, the
participant of war for
independence of the North
American States, Creator of
the American presidency,
General of the armies of the
United States.

11.

The Declaration of independence
In July 4, 1776. was
adopted "the Declaration of
independence," which
declared that colonial
oppression is contrary to the
natural rights of man to
freedom, life and pursuit of
happiness, and the rebels
the colonies were free and
independent States United
in United States of
America. The author of the
Declaration was Thomas
Jefferson (1743-1826).

12.

Thomas Jefferson a member of the First American revolution, the 3rd
President of the United States, one of the founders of this state, an outstanding
politician, diplomat and philosopher. He was Chairman of the Committee writing the
Declaration of independence. In the Declaration of independence, which at the
request of Congress developed the 33-year-old Jefferson (the youngest of the
deputies), he introduced the clause on the abolition of slavery. However, this item
during the edition of a document, a special Commission struck out.

13.

The Declaration of
independence
The introductory part:
that is the natural human aspiration to political
independence
Preamble:
- due to the legitimacy of the revolution if the
government violates the fundamental rights of citizens
The main part:
- a long list of "repeated harassment and usurpation" by
the British government against the rights and
freedoms of American colonists
- mention the attempts of the colonists to attract the
attention of the British authorities to set out issues
- colonies are forced to discard their political connection
with the British crown and become independent States

14. Articles of Confederation

The second continental Congress in
November 1777. adopts the first
constitutional document, the "Articles
of Confederation and perpetual
Union," a draft of which was submitted
for the approval of all States. Finally,
this document comes into force March
1, 1781 Under the articles, the
Confederation has decided questions
of war and peace, diplomacy, the
Western territories, monetary and
public loans, while other issues were
left for States.

15.

Structure
Articles of Confederation was created
in five pages and consist of the
preamble, thirteen articles and the
signature list.
Main provisions: The Name Of The
Confederation Is "The United States
Of America.
- Proclaimed the sovereignty of States
and guaranteed their powers in the
part in which they are not transferred
to the Confederation.
- Set the goal of creating a
Confederation, the States agree to
help each other.
- The freedom of movement of citizens
of the States of the Confederation
and the duty of States to extradite
criminals.

16. Structure

• The principle of "one state has
one vote in Congress" and the
appointment of delegates to the
Congress (delegates determine
the legislature States, one person
may be a delegate for more than
three out of every six years).
• International relations are the
exclusive competence of the
Confederation, the States may not
have their own armed forces
(except militia) and the Navy
without the authorization of
Congress.
• The procedure of awarding
military ranks during the war (the
rank below Colonel assigned to
the legislature of the States).

17.

The expenses of the Confederation
shall be paid from the fees which were
set by legeslature ofStates and
distributed to States in proportion to
the value of land in the States.
The powers of the Confederation:
declare war, standardization of
weights and measures (including cash
handling), disputes between the
States.
The Committee States, the authority
of the acting government between
sessions of Congress.
Establishes procedures for the
acceptance of the new member
(Canada (modern Quebec) is
assumed by default, in other cases it
requires the approval of nine
States).Confirmation of the
commitments made by the United
States prior to the approval of the
Articles of Confederation.
The procedure of changing of Articles
- changes must be approved by all
States.

18.

But the Articles of Confederation proved
ineffective, and identified a number of
problematic issues, in particular: Congress was
more diplomatic institution
The General budget of the Union did not exist
There was no mechanism for the
implementation of the resolutions of the
Congress
Given this j. Washington called the Articles of
Confederation “rope of sand”

19. Constitution

• September 17, 1787, the Convention
approved a draft Constitution
• Consists of a preamble, 7 articles and 27
amendments
• Written in the first person and begins with
the words "We the people of the United
States...".
• The authors considered. Franklin, A.
Hamilton, D. Madison

20.

The Principles Of The Constitution:
Republican form of government
Federalism
The distribution of power among the three
branches

21.

The legislature
Congress
The house of
representatives
Senate

22. The house of representatives

Members were elected for two years from
each state
Candidates were presented with the
following requirements:
- 25 years
- to be for 7 years a US citizen
- - during the holding of elections to reside
in the state from which elected

23. The Senate

Two senators were chosen from the state for six
years, at first by the state legislatures, since
1913 by the population of States
Each Senator had one vote
A Senator could be a person who was 30 years
old, for 9 years was a U.S. citizen at the time of
the election lived in the state from which elected
The President of the Senate was Vice-President

24. Executive power

• The head of state and Executive is the President
• The President is elected by a two-stage election
for a term of four years
• The President appointed Ministers, and was
commander of the armed forces, carried out
representative functions, - appointed members
of the Supreme court
• The President could be a person aged 35 years
who was a U.S. citizen and lived in the United
States at least 14 years

25.

The level of judicial
system
Federal
(Supreme court,
the courts of appeal,
district courts)
The judicial system
each state
(The state Supreme court,
the courts of first instance
and local courts)

26. The development of the law

A feature of the legal system of the United States of
America was the fact that the legal system was formed at
the level of the whole country and individual States. The
long history of colonization is reflected in the formation of
the sources of law. Even before independence, American
lawyers widely used English law. The most important work
during the formation of the new state was processing the
English precedent so that Edina has developed a practice
in all States

27. Civil law

Federal legislation affected private law only in General
questions. Careful consideration of the civil laws was exposed to
the civil codes of the States. Specific had a direct manifestation
in the law of discrimination against the persons who were once
slaves. Introduces the Institute of a legal entity, detailed
regulation of their activities, especially the corporate (equity)
forms. With their appearance a special legal regulation was
required by the institution of ownership. With the development of
capitalist production occurs associated corporate form of
ownership. This required a legislative recognition that had not
the Constitution . Required a Supreme court decision. His role
was significant in the development of contract law. Distinguished
law in written form and "transfer of contractual rights as property
rights."

28. Family law

In the field of family relations used rules of English
common law. And each state they are treated
differently. Since the mid-nineteenth century.
significantly expands the capacity of women,
including in property relations. A special legal
regime acquired the property at the time of
opening the inheritance. It was under the
protection of the court.

29.

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