Kyrgyz State National University THE GOVERNMENT OF THE UNITED STATES ______________________________ Ilebaev Emil Kasymov Maksat_________ Bishkek 2001 Introduction In July 1780 France's Louis XVI had sent to America an expeditionary force of 6,000 men under the Comte Jean de Rochambeau. In addition, the French fleet harassed British shipping and prevented reinforcement and resuppi^ of British forces in Virginia by a British fleet sailing from New York City. French and American armies and navies, totaling 18,000 men, parried with Cornwallis all through the summer and into the fall. Finally, on October 19, 17B1, after being trapped at Yorktown near the mouth of Chesa-peake Bay, Cornwallis surrendered his army of 8,000 British soldiers. Although Cornwallis's defeat did not immediately end the war - which would drag on inconclusively for almost two more years - a new British government decided to pursue peace negotiations in Paris in early 1782, with the American side represented by Benjamin Franklin, John Adams and John Jay. On April 15, 1783, Congress approved the final treaty, and Great Britain and its former colonies signed it on September 3. Known as the Treaty of Paris, the peace settlement acknowledged the independence, freedom and sovereignty of the 13 former colonies, now states, to which Great Britain granted the territory west to the Mississippi River, north to Canada and south to Florida, which was returned to Spain. The fledgling colonies that Richard Henry Lee had spoken of more than seven years before, had finally become "free and independent states." The task of knitting together a nation yet remained. CONSTITUTION
    During the war, the states had agreed to work together by sending representatives to a national congress patterned after the "Congress of Delegates" that conducted the war with England. It would raise money to pay off debts of the war, establish a money system and deal with foreign nations in making treaties. The agreement that set up this plan of cooperation was called the Articles of Confederation. work together? They believed that the Congress needed more power.
    The plan for the government was written in very simple language in a document called the Constitution of the United Slates. The Constitution set up a federal system with a strong central government. A federal system is one in which power is shared between a central authority and its constituent parts, with some rights reserved to each. The Constitution also called for the election of a national leader, or president.
    Two main fears shared by most Americans: one fear was that one person or group, including the majority, might become too powerful or be able to seize control of the country and create a tyranny, another fear was that the new central government might weaken or take away the power of the state governments to run their own affairs. To deal with this the Constitution specified exactly what power central government had and which power was reserved for the states.
    Representatives of various states noted that the Constitution did not have any words guaranteeing the freedoms or the basic rights and privileges of citizens. Though the Convention delegates did not think it necessary to include such explicit guarantees, many people felt that they needed further written protection against tyranny. So, a "Bill of Rights" was added to the Constitution. The Bill of Rights The first 10 amendments to the Constitution and their purpose PROTECTIONS AFFORDED FUNDAMENTAL RIGHTS AND FREEDOMS Amendment 1 Freedom of religion, speech, press, and assembly; the right to petition government PROTECTIONS AGAINST ARBITRARY MILITARY ACTION Amendment 2 Right to bear arms and maintain state militias (National Guard). Amendment 3 Troops may not be quartered in homes in peacetime. PROTECTION AGAINST ARBITRARY POLICE AND COURT ACTION Amendment 4 No unreasonable searches or seizures. Amendment 5 Grand jury indictment required to prosecute a person for a serious crime. No "double jeopardy" - being tried twice for the same offence. Forcing a person to testify against himself or herself prohibited. No loss of life, liberty or property without due process. Amendment 6 Right to speedy, public, impartial trial with defense counsel, and right to cross-examine witnesses. Amendment 7 Jury trials in civil suits where value exceeds 20 dollars. Amendment 8 No excessive bail or fines, no cruel and unusual punishments. PROTECTION OF STATES' RIGHTS AND UNNAMED RIGHTS OF THE PEOPLE Amendment 9 Unlisted rights are not necessarily denied. Amendment 10 Powers not delegated to the United States or denied to states are reserved to the states or to the people.
    The Bill of Rights was ratified in1791, but its application as broadened significantly by the 14th Amendment of the Constitution, which was ratified in 1868. A key phrase in the 14th Amendment - "nor shall any state deprive any person of life, liberty or property, without due process of law" - has been interpreted by the Supreme Court as forbidding the states from violating most of the rights and freedoms protected by the Bill of Rights.
     THE EXECUTIVE BRANCH
    At a time when all the major European states had hereditary monarchs, the idea of a president with a limited term of office was itself revolutionary. The Constitution vests the executive power in the president. It also provides for the election of a vice president who succeeds to the presidency in case of the death, resignation or incapacitation of the president. While the Constitution spells out in some detail the duties and powers of the president, it does not delegate any specific executive powers to the vice president or to members of the presidential Cabinet or to other federal officials.
    Creation of a powerful unitary presidency was the source of some contention in the Constitutional Convention. ............