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25% of countries around the world have a common law legal system (v. 75% civil law system) , which is based on the idea that law is created with the time, and, in it, judges play an important row. America’s constitution dates from 1787 and it has been amended 26 times. It’s short, so it must be interpreted. By who? For federal judges (which are different from state judges), which are named by the president and stand their Jobs for life, so they are very independent. The US is a federal system composed of 50 States, each of which has its own political identity and legal structure (own courts –in Illinois, judges run for elections-, legislator, Governors, law…). Federal law (for the whole US) also exists, as well as Federal Courts. In 1787, 13 states decided to give out some of their powers in order to create a federal state: (1) Foreign/international policy and (2) enumerated powers (tax, expenditure, defense -army, navy…-). However, states still have lots of powers. US CONSTITUTION: Article 1.- Legislative branch (Congress). There is ; · a Senate (2 senators for state in order to make sure that all states have equal voice 100 senators; they run for office every 6 years) · and a House of Representatives, with 435 members who are voted based on population; each state has, at least, one representative (700.000 per congressman, except for Wyoming, with less population); they run for office every 2 years, which is a problem, as the always have to raise money. There are electoral districts whose boundaries are drawn by the state legislators every 10 years, and there is a problem related to it: the gerrymandering problem, which exists when governments change those districts in order to get more seats in the Congress (some of them are called “safe seats”, when they have been drawn by state legislators to benefit they party and are not really subject to change) Article 2.- Executive brand (President) Article 3.- Judicial brand These branches are: -Coequal in relation to one another. Neither branch exercises superiority. -Separate (Montesquieu). Article 6.- The Supremacy Clause: Federal law (Constitution, Federal statute -law passed by congress- and treaties) is supreme over State law. All the branches have say if the laws are constitutional. The President, when signing a law, has to do so as well. And if there is conflict, the Supreme Court decides. The supreme court is the only one mentioned in the Constitution. But the Congress can create as many federal courts as necessary. There are three levels for the Federal Court: · Supreme court. Decibe between 75 and 100 cases each year. Th “wears two hats”: · Highest court of appeal. · Highest court of constitutional interpretation. There are 9 judges (right now there are 8, and the 9th has not been named for political reasons: republicans did not want to have the candidate Obama wanted to appoint), appointed by the president with the approval of the Senate. They serve for life unless · Co ...
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