The political background of USA is quiet short in comparison to European countries and many African countries especially Nigeria, however United States can boast with contemporarily the oldest democratic system solutions, the oldest and not changed with rules constitution (1787), republic system and long-lasting, two parties system. [1] Stability of the American system is suspected in faithfulness of system tradition and stable modification connection, typical for United States.[2]

The United States population is about 309,162,381 millions (2010census), which have about 280 million registered voters across the country. With the creation of 13 colonies in time of 125 years (from Virginia in 1603 to Georgia in 1733) was fallen down by the background of United States statehood; the British politic in view of colonies, which had been relying on continuous restricting of their economic and social progress from the half of the 18^th century, charging by taxes and duties, had led the Americans to the revolution finished by victory and passing of independence Declaration 4^th of July 1776 (Bryn O’ Callaghan, 1990).

There was created of interstate central power in so-called “Act of Confederation” the name United States (act from 1776 was implemented in 1781) was used there first time. The Act of Confederation articles and eternal union” which gave the name: the United States character of states union that is a confederation. However, there principle was criticized by federalist associations which demanded even closer relations among states. This demand was met by the convention which was convened in Philadelphia.

The representatives of thirteen states passed in 1787 (17 September) a constitution which gave the United States the character of a union country, that is a federation.[3] The American constitution owes its success and constancy to high intellectual level of the makers and accepted compromise between particular States. Federal Constitution has been in force for over 200 years. There are relatively few amendments adopted by Congress and they have not introduced any "revolutionary" changes. Of greater significance has been dynamic political and socio-economic transformation which generated new problems, which would have been difficult to predict by the creators of the American constitution.

• The original text of the constitution consisted of exordium and seven articles: 1- 111 legislative Authority, IV and part of VI- relations between states and federal authorities (art. IV relations between states, too), VII tribe of constitution implement.

• The article V regulates tribes of constitution regulations

• Proposal of 2/3 of membership congress Houses or proposal 2/3 of legislature states with mediation of especially convoked constitution convention

• Modification of constitution needs an acceptation of minimum 3/4 states; a modification is not directly included to constitution text, but it constitutes a supplement as so called correction (17 of them have been accepted until nowadays, the first 10 of them concerning citizen rights were ratified in December of 1791)[4]

• Two basic, American polity rules are; (1) the federalism rule ( split of competences between states and federal power) - the rule of authorities partition and mutual balancing (2) The country mechanism realizes three separate Functions: Judges, executive and legislative one

• An activity of another country organ should be adequate to each of function- there should existing the rule of functions and standings un-connectivity

• There should be system of checks and balances of particular country organs- constitution normalizes polity in such a way: president, members of congress and judges are not dependent ones to the others, neither to common electorate (they are elected in different way, by other subject, besides this cadences are different (judges are entitled for life)[5]

• Every central power owns the defined authorization in fulfilling the function by another authority. There are a lot of examples; (1) For example: president executes the law but only congress can resolve the necessary fund (2) The Congress defines the amount of Court of justice, can even propose a amendment to the constitution which is going to annul the whole previous jurisdiction. The court of Justice has right to analyzing of parliament acts constitutionally.

     Congress approves presidential nominations

The background of contemporary voting rights in democratic countries had led to insertion of some standards in the space of 19^th and 20 the century. A citizen can not undertake decisions directly in the modern, democratic society. In connection to this he needs to rely in his representatives whose are elected in the election act.[6] Election is usually 4 or 5 adjectival- it means public: equal, direct, private and independent. Citizen has got an active voting right- this is the right to vote. An inactive voting right is right to candidate (being elected).

Commonness of voting rights means, that all citizens of the country who fulfill conditions described by ordination, can vote or be elected.[7]Equality of voting rights means that each authorized person has got one vote; electors vote with the same rules. Frankness of the voting rights means that all authorized citizens personally vote for candidate. Secrecy during election means that election is led in conditions which guarantee that his vote is not going to be revealed. The way of mandates allocation has got the fundamental meaning in whole process. United States - have two basic ways so really: proportional and manorial

Manorial election systems rely on this that party which received demanded most of the voices in the district is winning. Competition usually undergoes in one mandate districts, the winner takes everything.

Proportional election system counts on split of mandates accordingly to amount of voices collected by particular parties. The rule of proportionality can be used by many mandates districts, which different political parties appear with separate lists of candidates. The so-called barrier clause was led in many countries in the aim of prevention of break in parliament.

The clause means that if part did not receive some percentage of voices in country scale then it would not be allowed to mandates split. This solution functions in political life of Germany from 1953 (5%) and it has been checked in practice. Commonness of voting rights in 18^th and 19^th century had been being limited on various ways; however these limits, called censuses, have gone under fundamental reductions during the past time.

A wealth census had been playing very important role until the half of 19^th century. A huge majority of citizens were deprived of voting rights because of census in England or France , especially in 1815-1848. France nation is a good example because in 1831-1848 only 200 thousands of citizens were authorized to voting (30 millions of citizens in the whole country (Miller, H., Newman, A. 1970).

Reform of liberalism led to abolition of wealth census in France in 1848, and 1918 in England. New constitutions, which had been created after 1918, haven not led this restriction. The curiosity fact is that in 1967 a wealth census had been still being appeared in almost 27 countries of the world (Webster, Kitchell, 1917)

An age census - a high border of age supposed to affect for more conservative character of elected organs. The person must be 18 year old nowadays-this is a condition to vote in common election (an active voting right). The border of age is higher if one should mean the inactive voting right, especially in president election. According to American constitution is written that president must be at least 35 year old).

Domicile census - condition is living in country, state or another territorial unit for some time. In practice, it involves matters connected with inactive voting right today. Candidates for senators have to live in the United States for at least nine years and for president lived 14 years within United States, candidates for a president position.[8]

Sex census - generally woman had been being deprived of voting rights until the half of 19^th century. In 1869, the first voting rights for woman had been admitted in Wyoming State. These rights were admitted all around the United States in 1920, on the basis of 19^thamendment to the constitution. Woman received voting rights in 1928 in Great Britain, in 1946 in France in 1948 in Belgium.

In 1941, Switzerland has been boasting with many centuries democratic tradition. The Nigeria constitution of 1979 and 1999 were out very positively, if one should mean voting rights, man and woman were treated equal.

Education census – It was led in United States, aim of removal part of blacks popularity and Indians from voting rights. Racial census - was led by Germany Adolf Hitler times, the aims was eliminating of persons who had no “Arian provenience”. The interesting fact is that blacks and Indian were deprived of citizens, election in result, rights by United States Constitution until the beginning of 20^th century.[9]

The commonness of voting right in Europe had been being understood as the right for man. This process (admission of common voting rights to man) was performed in United States in 1820-1840, in Europe until the end of 19^th century. The common voting right for man was admitted in 1874 in Switzerland, in 1890 in Spain, 1893 in Belgium , 1896 in Netherlands , and in 1898 in Norway.

One can talk about real commonness from the time of equalizing the rights of man and woman. It took place in 20^th century in democratic countries.[10] One can mark out five periods in the historical background of United States polity:

• 1776-1803 the shortest but the most important period- creating of most important polity institutions

• 19^th century is elapsing under the domination of congress, jealously (and successfully) protecting of its precedence position in competition with first strong president (Jackson A. Johnson). The Supreme Court is getting the basics of the today position, mainly because of tieing up another right organ of the constitution commentary.

• Turn of 19^th and 20^th century U.S. president period became stronger, the president position, because of next strong president (both Roosevelt and Woodrow Wilson.

• This period is finished with conventional Richards Nixon’s resignation. It was called by critics-period of “empire” presidency Presidents base mainly at society support. Times of supporting of president by parliament majority of his party are gone.

• The newest period is elapsing under receiving an equivalent role to resident one by congress.

   The system of law sources was developing under overpowering affection of English common law. American statute law creates a fluent and loose system. The system of law sources is more complexed and complicated than constitution shows. One can mark out these kinds of law on the federal level:

Precedent law (enormous size, not appeared out of United States)-precedent is the basic institution here, result of conclusion in concrete case of basic lack in written law or when the basic is described un satisfactorily. The collusion taken on that way allows for formulating of a general norm which proclaims the basic of resolving the same or essentially similar cases in the futures. However the precedents are not eternal, changes of an economic and social life cause retreating from some precedents and replacing them with new ones (in much bigger field than in Great Britain).[11]

The Legislation and legal delegacy; constitution in art.1 proclaims that all legislative powers belong to congress of United States.  A congress practicly was using the possibility of delegacy of legislative authorization over an executive power often, in the way of very general authorizations.

Legislatury of president, Executive orders; Proclamations must be compatible with congress statutes, there must be result of president competencies and can not disturb constitutionally protected rights and freedom of citizens. The United States constitution, with tracts, administration agreements and common, international law, and properly for international relations and according to supremation clause (art.4 of constitution)

Self-executing tracts proclaim the most supreme country law with statutes) – there are included to inside law and have the same law power, just like congress statutes. In result tracts can avert former statutes, contradictory with new one (lex posterior derogate legi priori).

President can comprise international deal as a tract needs to introduce it to senate ratification requires (2/3 voices of senators) or as administration agreement- without this requirement (90 percentage of comprised deals). Decision concerning procedure of international deal acceptance belongs exclusively to president.

A common international law (law of countries) is incorporated to inside law and being a federal law. United States Federal powers dispose only with authorizations which are clearly conceded by constitution and these which are necessary for realization of delegated authorizations.

According to the tenth amendments the constitution- any powers not restricted by constitution for United States government and not straightly prohibited by this to states-belong to United States or the nation (what proclaims additional terms of federal competences).

Powers prohibited to states-belong to federal powers. Delegacy of concrete power to government does not automatically retrieve (beside some exceptions) possibility of executing the same power to states.

Except of areas of separate Union and States competences, exists areas of law regulations and both of indicated entities contain powers to put them into this (for example: imposing and collecting the taxes, public order, health care etc.) Majority election system in the United States is one-mandate districts, are there in force, Voting takes place in even year, on first Tuesday after first Monday of November.[12]

Filling an office of the [president of United States,]; (1) inactive voting rights are owned by person, (2) who must be an American citizen, (3) citizen who is over 35 years of old, (4) person must live in United States at least for 14 years, (5) it is not naturalized citizen, and citizen since he or she was born) (6) it disposes with full public rights (7) candidate can be registered by political party, group of voters, candidate on his own ( Ros Perot in 1992) - president tenures lasts 4 years. The is possibility of repetition, but just once 22^nd amendments to United States constitution from 1947)[13]

President tenure consists of a couple of elements:

• Candidates nomination by political parties because of primary election;       appointment takes place at country convenes of both parties; voting is as often as it is necessary for collecting more than half convene participants voices by candidate. Elected candidate can select a candidate for vice president.

• Common election (November) – there are chosen president electors (as many as   state has got places in senate and the House of the Representatives); every party has got list electors, who citizens are voting at.

Electors give their vices for candidates later (one for president, and one for vice president )-12th amendments of U.S. constitution mark clearly who the person is giving the vote for); before this there was one vice president for each of candidates and the one got more of electoral vote became a president, second one-vice president. Candidate of the party which received most of the voices in the states (its electors were chosen) gets all the other voices of local electors – deciding meaning of common election for president it because of this.

• Election for president by electors committee (December), in principle formality,     because it’s often known after common election who is going to be president. Of course, electors may make mistake and not vote for their candidates. Only one time in United States history that candidate received 100 percentages of electors voices- that was George Washington.

• Voices are sent to congress, there are counted and soon after this the official result of presidential elections are announced (January)

• If none of candidates receives required amount of voices (more than half) in elector committee then president is chosen by the House of the Representatives and vice president by Senate. The House of the Representatives chooses president from among of three candidates from 1804 (12 th amendments).

It had been happened that the House of the Representatives had problems with of candidates in 1800 (Thomas Jefferson received as same amount of vote as second republic candidate- Aron Burr. The House of the Representatives had voted 37 times before they elected President Thomas Jefferson and won). On the basic of this there was adopted 12th amendment, concerning among other things indication the vote or voice for president and vice president by elector.

• In 1824 the House of the representatives needed to choose from three candidates – J. Adams, Andrew Jackson and Crawford. President candidate J. Adams receive   at least of electoral voices from among of three candidates (84 instead of 116 required). However, voting in the House of the representatives awarded him title of President.[14]

Vice-president owns two constitution duties as spiteful Americans say: he occasionally presides to senate and waits until president post is emptied. In the second case-vice president becomes president until election of new one. The vice president is not competitor of president in election since 12th amendments to constitution in 1804, which start as a tandem. There were established the rules of succession after died in time of tenure president in 20th amendments to constitution in 1933. Person fulfilling vice-president post is becoming president. It was stated in 25th amendments U.S. constitution ( accepted after president Kennedy Death) that vice –president takes a presidents when the president died, disclaimed from a post or was removed from that. The president appoints a vice president in case of vacate on that position (resignation, death, taking president position). Consequences of 25th amendments, which happened in 1973, are curiosity.

Vice-President Sapiro Agnew resignated of his position, and President Richard Nixon called Gerald Ford for that position, when Nixon was forced to demission after Watergate incident- Gerald Ford became president, he has been the only United States president, who was not chosen in elections.[15]

• Election to congress-every state has right to two places in congress; inactive voting right entitles to person; (1) who is over 35 years old; (2) American citizenship for minimum nine years, living in state which is candidate; (3) The candidate to the House of the representatives can be person who is over 25 years old, (4) American citizenship for at least seven years, living in state which is candidate.

Election to the House of congress take place every two years, on first Tuesday of November ( last one- 5^th of November 2009) at the same time full panel of the House of the representatives and 1/3 of senate (senator tenure lasts six years) are chosen; election to the House of the representatives take place in districts which are parts of every district, and to Senate- in the whole state (election campaigns are led in the same way- Senate in state scale, in district to the House of the representatives); candidates in 47 of 50 states receive party nomination in primary election.

Every state chooses two senators, every state chooses amount of the House of the representatives members proportional to amount of state tenants ( national census takes places every ten years and on the basic of this a new split of mandates between states is performed)[16]

At present the United States are a federal country, which consists of 50 states and the District of Columbia (capita district). United States is a presidential republic, and the basic principle of the United States political system constitutes: federalism principle, with guarantees particular states political sovereignty as well as the principle of power separation, which has supported by the system of checks and balances. It means that the task of the three separations of power: executive, legislative and judiciary is to: mutually restrict and complete one another at the same time.

There were two legislative Houses established for the Federation,[17]House of the representatives and a senate. Common election (November) –there are chosen president electors as many as state has got places in Senate and the House of the representative); every party has got list electors, who citizens are voting at. However, in spite of the American constitution creators' intentions, the idea of keeping balance between executive and legislature did not persist.  Since the end of XIX century one can observe constant growth of president's position importance. Constitutional practice, strengthened by judiciary case-law on the one hand, and on the other weakening the efficiency of "brakes" the constitution equipped Congress in relation to executive power with, has led to this. "By way of peculiar practice, not infringing the constitution directly indeed, however having its source to some extent beyond it, many indirect president's competences of secondary importance assumed all-important character.

The brakes towards legislature, being at his disposal, have transformed into a "driving wheel" - an instrument of range widening" As a consequence it has led to the overgrowth of executive power over legislative one and forming in United States presidential government. US, have legislative power belongs to two parliaments, which consists of the House of Representatives and Senate. Both parliaments are charged with responsibility of making law for the good governance of United Sates and its own regulations and separate constitutional conventions. It also works in collaboration with Executive arm in budgetary appropriation, the enactment of laws etc.

 

Bibliography

1.Garlicki, L.(1987); Bill of Rights w rozwoju Konstytucji federalnej Stanów Zjednoczonych, [w:] Konstytucja USA 1787-1987. Historia a współczesność, red. Jerzy Wróblewski, Warszawa

2.Garlicki, L.( 1985); Ewolucja praw obywatelskich w prawie amerykańskim, [w:] Prawa człowieka w Stanach Zjednoczonych, red. L. Pastusiak, Warszawa

3.Garlicki, L.(1982); Sąd Najwyższy Stanów Zjednoczonych Ameryki, Ossolineum, Wrocław- Warszawa- Gdańsk- Łódź

4.Gebert, S.(1981); Kongres Stanów Zjednoczonych Ameryki, Ossolineum, Wrocław- Warszawa- Kraków- Gdańsk

5.Gebert, S. (1979); Prawa i wolności obywatelskie w Konstytucji federalnej USA, [w:] Prawa i wolności obywatelskie w państwach kapitalistycznych, red. Witold M. Góralski, PWN, Warszawa

6.Godlewski J.(1974); Wolność sumienia i rola związków wyznaniowych w Stanach Zjednoczonych Ameryki, [w:] Instytucje i doktryny prawno-polityczne Stanów Zjednoczonych Ameryki, red. W. Sokolewicz, Wrocław- Warszawa- Kraków- Gdańsk, Ossolin

7.Katz H.( 1971); Historia Stanów Zjednoczonych Ameryki, Wrocław- Warszawa- Kraków- Gdańsk

8.Langer, T.( 1987); Ewolucja legitymacji władzy w USA 1776- 1865, [w:] Konstytucja USA 1787- 1987. Historia a współczesność, red. Jerzy Wróblewski, Warszawa

9.Lisińska, Z.( 1985); Prawo do równego traktowania bez względu na płeć, rasę, przynależność etniczną, [w:] Prawa człowieka w Stanach Zjednoczonych, red. Longin Pastusiak, Warszawa

10.ttp://www.usconstitution.net/const.html#A2Sec1

---