4I 2014

THE

DECLARATION

OF INDEPENDENCE

The DocumentThis document represented the moment of transformation of the battle of the settlers from Great Britain for the protection of his rights of “English “ men in a revolution aimed at overthrowing the existing form of government at the time. It was not aimed to define a new form of government and , therefore, it should not be confused with the Constitution of the United States of America. To the American colonists it represented an announcement to the whole world achieved independence from the British colonies . The objective was to strengthen the support to make their own battle and encourage intervention in favor of some European powers , particularly France. The statement was drafted by the Commission of the Five composed by Thomas Jefferson (chief editor), John Adams , Benjamin Franklin, Robert R. Livingston and Roger Sherman. It was ratified in Philadelphia July 4, 1776 by thirty-three delegates of the Second Continental Congress (called Founding Fathers).The original of the declaration, almost illegible , is exhibited in the National Archives in Washington , the museum that houses many documents , official or otherwise, of the events that have marked the history of the United States. The declaration of independence is preserved and exhibited to the public together with the United States Constitution and the Bill of Rights in the most prestigious hall , called the Rotunda because of its circular shape.In the first part there are some references to Enlightenment principles and natural law , including the reference to " natural and divine law " and the principle of equality : "All men are created equal ," and immediately after the reference to " inalienable rights " . It also refers to the right of the people to rebel against constituted authority theorized by Locke : "It is the right of the people to alter or abolish " .

The system of federal governmentEstablished by Article I of the Constitution, the Legislative Branch consists of the house of representative and senate, which together form the United States congress.

Legislative BranchThe Congress has got the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments and substantial investigative powers. Congress has also authority over financial and budgetary policy through the enumerated power to lie and collected taxes, duties, imposts and excises, to pay the debts.

The House of Representative is made up of 435 elected members divided among the fifty states in proposition on the population each state contains. There are also 6 and no-voting members, representing the District of Columbia, the common wealth of Puerto Rico, and four other territories of the United States. The members of the house are elected every two years and its members must be 25 years of age, U.S. citizens for at least 7 years and residents of the state they represent. The house has the power to initiate revenue bills, impeach federal officials, and direct the president in case of an electoral college tie.

The Senate is composed of 100 senators, two for each state. Until the ratification of the 17th Amendment in 1913, senators were chosen by state legislatures, not by popular vote. Since then, they have been elected to six-year terms by the people of each state. About one-third of the senate is up for reelection every two years. Senators must be third years of age, U.S. citizens for at least nine years, and residents of the state they represent. Is power to confirm the President’s appointments that require consent, and to ratify treaties.

The Executive BranchThe President

The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander- in- Chief of the

armed forces. Under Article II of Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. The president as the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses. The Executive Branch conducts diplomacy with

other nations, and the President has the power to negotiate and sign treaties, which also must be ratified by two-thirds of the Senate. The

President can issue executive orders, which direct executive officers of clarify and further existing laws. The President also has unlimited power to

extend pardons and clemencies for federal crimes, except in cases of impeachment . The Constitution lists only three qualifications for the17 Presidency – the President must be 35 years of age, be a natural born

citizen, and must have lived in the United State for at least 14 years. And though millions of Americans vote in presidential election every four years, the President is not, in fact , directly elected by the people. Instead, on the

first Tuesday in November of every fourth year, the people elect the members of the Electoral College. Apportioned by population to the 50 states-one for each member of their congressional delegation- these

Electors then cast the votes for President. There are currently 538 electors in the Electoral College.

The CabinetThe Cabinet is an advisory body made up of the heads of the 15 executive

departments (Department of agriculture ,Department of commerce, Department of defense, Department of education, Department of energy,

Department of health and human services , Department of homeland security, Department of housing and urban development, Department of interior, Department of justice, Department of labor, Department of state,

Department of transportation, Department of treasury, Department of veterans affairs).Appointed by the President and confirmed by the Senate. In addition to running major federal agencies, the play an important role in the Presidential line of succession. All the members of the Cabinet take the

title Secretary, excepting the head of the Justice Department, who is styled Attorney General.

The Judicial BranchWhere the Executive and legislative branches are elected by people, members of the judicial branch are appointed by the president and confirmed by the senate. Article III of the constitution which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure in the federal judiciary .Even the number of supreme court Justices is left to congress (nowadays the members are nine with one Chief Justice and eight Associate Justices).Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed them, the serve until their death, retirement, or conviction by the Senate. Generally, congress determines the jurisdiction of the federal courts. In some cases, however, the constitution grants the Supreme Court original jurisdiction. The courts only try actual cases and controversies: these means that the courts do no issue advisory opinions on the constitutionality of laws or de legality of actions if the ruling would have no practical effect.Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases.

Section 2.The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

Article III

Section 1 .In every State shall be allocated the full faith and full credit to the acts , access to public documents and judicial proceedings of other states;Section 2 .The citizens of each State shall be entitled in all other states to all the privileges and immunities relating to the condition of all citizens.Section 3 .New States may be admitted to the Union by decision of the Congress ; but no new State shall be formed or within the jurisdiction of any existing state ; and no State may be formed by the meeting of two or more States , or parts of States, without the consent of the Legislature of the States concerned as well as of the Congress.The Congress shall have the authority to dispose of land and other property belonging to the United States and to establish all the rules and measures in that territory were considered necessary .Section 4 .The United States shall guarantee to every state in the Union a republican form of government , and shall protect each of them against any invasion ;

Article IV

The Congress shall convene the Assembly to propose amendments. No amendment , first year1808 may change in any way the first and fourth paragraphs of Section 9 of Article 1, and that no State, without its consent , shall be deprived of equal representation in the Senate.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article V

Article VI

Cicala Francesca Isernia Martina

Manto Maria Pia Persico Roberta

Tafuri Alessia

Classe 4°I