I tre poteri• Esecutivo (Presidente): potere di veto sulle leggi; nomina

di giudici e di altre cariche pubbliche; trattati internazionali; Comandante in Capo delle forze militari; potere di concedere la grazia.

• Legislativo (Congresso): Promulgazione di tutte le leggi federali; nomina tutte le corti inferiori alla Corte Suprema; superamento del veto presidenziale (coi 2/3 dei voti); impeachment del Presidente.

• Giudiziario (Corte Suprema): interpretazione delle leggi e della Costituzionethe.

Historically, the concept of Separation of Powers dates back as far as ancient Greece. The concepts were refined by contemporaries of the Framers, and those refinements influenced the establishment of the three branches in the Constitution.

Article 4, Section 1

• Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Articolo IV

• Regola i rapporti tra gli Stati membri dell’Unione, le modalità di ammissione di nuovi stati, garantisce un governo “repubblicano” a tutti gli stati

Art. 4, Section 2 (clauses 1-2)

• The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

• A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Art. 4, Section 2 (Clause 3)

• No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. (Amended in 1865: XIII)

Art. 4, Section 3, clause 1

• New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Art. 4, Section 4, clause 1

• The United States shall guarantee to every State in this Union a Republican Form of Government, . . .

• [...] and [The United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Art. 5

• The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Articolo V

• Fissa le procedure per emendare la Costituzione

• 2 percorsi previsti, ma solo uno è stato sempre utilizzato:

• Emendamento votato dai 2/3 del Congresso e ratificato dai 3/4 degli Stati

Art. 6• All Debts contracted and Engagements entered into,

before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

• 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.

Articolo VI

• Pone a carico dell’Unione il debito pubblico della Confederazione e dei singoli Stati; definisce la Costituzione e i trattati come “legge suprema” su tutto il territorio, vieta la discriminazione religiosa

Art. 7

• The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Constitution was ratified by the states in the following order:

 Date State

Votes

 % ApprovalYea Nay

1 December 7, 1787 Delaware 30 0 100%

2 December 12, 1787 Pennsylvania 46 23 67%

3 December 18, 1787 New Jersey 38 0 100%

4 January 2, 1788 Georgia 26 0 100%

5 January 9, 1788 Connecticut 128 40 76%

6 February 6, 1788 Massachusetts 187 168 53%

7 April 28, 1788 Maryland 63 11 85%

8 May 23, 1788 South Carolina 149 73 67%

9 June 21, 1788 New Hampshire 57 47 55%

10 June 25, 1788 Virginia 89 79 53%

11 July 26, 1788 New York 30 27 53%

12 November 21, 1789 North Carolina 194 77 72%

13 May 29, 1790 Rhode Island 34 32 52%

Signatories

• 74 selected to attend, 55 actually attended, only 39 signed.

First Amendment (1791)

• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• Il Primo emendamento della Costituzione degli Stati Uniti garantisce la terzietà della legge rispetto al culto e il suo libero esercizio, nonché la libertà di parola e stampa; il diritto di riunirsi pacificamente; e il diritto di appellarsi al governo per correggere i torti. Esso inoltre proibisce al Congresso di "fare alcuna legge per il riconoscimento di qualsiasi religione"

L’influenza di Locke su Madison

• Diritti naturali inviolabili• John Locke, Two Treatises of Government

(1689): società civile come protezione della proprietà (vita, libertà, proprietà terriera)

• Nello stato di natura ogni individuo è libero e uguale

• Protezione dei diritti economici individuali (contro lo Stato)

• Individualismo. Essenza della Nazione?

Other granted rights

• Anonymous speech• Campaign finance• Flag desecration• Free speech zones• School speech• Obscenity• Libels and slander• Memoirs of convicted criminals

Positive and Negative ≠ True and False

• “Huckabee is a skilful politician because, as Arkansas governor, cut taxes keeping balanced the budget”.

• “Huckabee is a devoted family father, opposite to Giuliani that is adulterous, multi-divorced and frequents homosexuals and transvestites”.

Second Amendment (1791)

• A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Ragioni dell’emendamento:

• Repelling invasion

• Deterring undemocratic government

• Suppressing insurrection

• Facilitating a natural right of self-defense

• Participating in law-enforcement

• Enabling the people to organize a militia system

3 modelli di interpretazione(II Amendment)

• 1) “collective rights model”: does not apply to individuals, it merely recognizes the right of a state to arm its militia.

• 2) “sophisticated collective rights model”: individual only during organized militia’s activities.

• 3) “standard model”: right of individual to keep and bear arms.

• Second Amendment: guarantees the right of individuals to possess weapons.

III Amendment

• No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

• Third Amendment: prohibits the government from using private homes as quarters for soldiers during peacetime without the consent of the owners.

IV Amendment

• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Fourth Amendment: guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed.

V Amendment

• No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

• Fifth Amendment: forbids trial for a major crime except after indictment by a grand jury; prohibits double jeopardy (repeated trials), except in certain very limited circumstances; forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself.This is regarded as the "rights of the accused" amendment. It also prohibits government from taking private property for public use without "just compensation".

VI Amendment

• In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Speedy Trial“Four factors” (US Supreme Court 1972)

• Length of delay (reasonable ~ 1 year)

• Reason for the delay

• Time and manner (in which the defendant has asserted his right)

• Degree of prejudice to the defendant which the delay has caused

• Sixth Amendment: guarantees a speedy public trial for criminal offenses. It requires trial by a jury, guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him.

VII Amendment

• In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

• Seventh Amendment: assures trial by jury in civil cases.

VIII Amendment

• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

• Eighth Amendment: forbids excessive baill or fines, and cruel and unusual punishment.

IX Amendment

• The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

• Ninth Amendment: declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained by the people.

X Amendment

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

• Tenth Amendment: reserves to the states respectively, or to the people, any powers the Constitution did not delegate to the United States, nor prohibit the states from exercising.