Anglais juridique 2

 What was the historical context of the establishment of the first colonies in America?

Contexte : European powers began to explore and settle new lands from the late 15th century. They acquired huge amounts of wealth. England wanted to share the New World too. First expeditions to North America took place under Queen Elizabeth I, who gave her name to Virginia, named after the “Virgin Queen”.

Where and when was the first successful colony founded?

1607: Jamestown, Virginia, first successful settlement.

 Who founded it?

Founded by the Virginia Company.

 What was the purpose of the first colony?

To get money: commercial project of the Virginia Company, to generate profit. A royal charter was granted to the company by James I to colonise Virginia.

What living conditions did the first settlers face?

Difficult and inhospitable conditions: swampy site, hostile Indian tribes, disease (maladie) and starvation (famine) lack of farming skills.

 What led to Jamestown's economic success as a colony?

John Smith stabilised relations with Native Americans. Jamestown developed tobacco cultivation. the first African slaves arrived massive export to Europe.

 What other colony was founded in 1620? Why was it founded?

Second colony: 1620, Plymouth Colony (the most famous). Commercial but also religious motives: fleeing religious persecution in Europe and looking for a new life. The Pilgrim Fathers. Plymouth was the first Puritan colony in America.

 Who were the Pilgrim Fathers?

A group of Protestant Puritans.

What is Puritanism?

A Protestant religious movement in the 16th and 17th centuries in England and Scotland. It was a Protestant movement with a radical doctrine, aiming to reform the Church. Puritanism was influenced by John Calvin and John Knox. For them, the Church of England was too Catholic. They rejected ecclesiastical hierarchy and church authority and preferred local forms of church organisation. The group of Puritans who first settled in America were also known as Separatists. They broke with the Church of England and decided to leave Europe.

What were Puritans also known as?

Also known as Dissenters or “Non-conformists”.

What is the legacy of Puritanism in the US today?

Present in the idea of American exceptionalism: the belief that the US is an exceptional country with a special destiny. Distrust of distant authority figures and preference for local forms of government (decentralisation through federalism). Importance given to dissenting voices (First Amendment). These ideas circulated at the time of the American Revolution. Distrust of the British monarchy’s authoritarian style made a break from Britain necessary.

 What was the Mayflower? What is the Mayflower Compact and why is it a famous historical document?

the first framework for government a prototype of a constitution or the Declaration of Independence.

What are the myth of Thanksgiving?

The settlers in Plymouth adapted badly to their new environment. Half of them died during the first winter. According to the Thanksgiving myth, the Wampanoag tribe came to their assistance, in particular Squanto, who brought them food and showed them how to grow corn.

In 1621, after the harvest, the Pilgrim Fathers organised a celebration and invited the Wampanoag to thank them. Thanksgiving tradition began and became the biggest family event in the US today.

Reality: the Pilgrim Fathers did not organise a meal especially for the Wampanoag. They arrived while a celebration was already happening. Squanto had been captured, spoke English and acted as a mediator. Relations between Native Americans and settlers were not harmonious. Millions of Native Americans were displaced or killed due to European settlement. The Wampanoag may have helped the Pilgrims for their own strategic reasons against another tribe.

What did the Plymouth colony come to symbolise? Why should we be sceptical about this?

Plymouth holds a mythological status in the US. It symbolises freedom and self-determination. The Pilgrims are seen as pioneers of religious freedom. Thousands of Puritans later came to America to flee persecution.

Scepticism is necessary because of the gap between myth and history. Religious tolerance was not always respected. Puritans later forbade dissent themselves, leading to the creation of other colonies. Plymouth was not the first colony: Jamestown aimed to make money, not to establish freedom. The opposition between idealism and materialism continued throughout American history.

 What is the definition of "American exceptionalism"? What are its origins?

As a story of a sign Plymouth also provided the foundation for American exceptionalism. Puritan thought they were an elect people, epitomized by a sermon by John Winthrop: "A city upon a hill." We shall be as a city upon a hill, the eyes of all people are upon us. Settlers had a godly mission on a providential land.

• Would be a model for all nations.

• Idea that unlike other nations, the American nation was founded on principles.

• Mission: to propagate freedom.

How many colonies existed in America by the time the American Revolution took place?

13 colonies.

 Which laws governed the North American colonies before independence?

Under British law, but at the same time they had self-government. Each colony had a government framework, a governor, an assembly, and a court system.

 

What was the Seven Years War known as in America? Who did it oppose?

Between France and Britain who tried to get a dominant position in Europe, but also for the different territories they had colonized. Most of the conflict took place in the north of America → the French and Indian War.

 What effect did the Seven Years War have on the way the thirteen colonies were governed?

During the 1760s and 1770s, England took measures to exert control over colonies. They imposed taxation to pay the cost of the war. They regulated trade strictly to benefit Britain more. They limited expansion into new territory to avoid new conflicts.

 How did the colonists respond to this new form of government?

 

They rebelled against measures. Saw them as a limitation of freedom. It also led to the American Revolution independence.

What did the Sugar Act and the Stamp Act impose on the colonies?

Context: the colony was a source of revenue for Great Britain. Provided Britain raw materials, manufactured goods.

• Sugar tax: increased taxes the colonies had to pay when they imported products.

• Stamp Act: imposed a tax on legal documents, newspapers, playing cards, etc.

How did the colonies react to these acts? What measures did they take?

The colonies reacted and boycotted British goods, smuggling increased. The act triggered widespread protest in the colonies. They burned stamps, terrorized tax collectors, and pillaged the houses of royal officials (form of resistance).

Why were militias an important aspect of the colonists' rebellion? What legacy do they have today?

The colonies didn't have armies. Militias were a way for the colonists to resist what they saw as British oppression. Inspired by the Bill of Rights and John Locke. The idea that physical force could be justified in the case of tyranny. It is the reason why we have the 2cd Amendment today (people have the right to have guns to defend themselves).

What did the Virginia Resolves (résolution) declare? Why was taxation a political issue as well as an economic one?

declared that American colonists had the same rights and liberties as Englishmen. Proclaimed the colony's exclusive right to tax itself.

Protestant slogan: "No taxation without representation," idea: unfair, unjust for British government to tax Americans with no colonial representative and seat in the British Parliament. Inspired by the Bill of Rights.

What was Britain's response to protest in America?

They didn’t agree. They passed other acts to restrict (restreindre) the power of local government to reassert the authority of the British Parliament over American colonies.

Why was the Tea Act of 1773 seen as a double interference by the colonies? What event happened as a result?

Effectively made tea sold by British companies cheaper to buy than other tea. (atteinte au libre échange, concurrence déloyale) In addition, the sale of this tea was taxed in the colonies (impot sans consentement) This was a double interference with colonists, interfering with free trade ( libre échange ) and imposing further taxation. Met with strong opposition in the colonies.

Event: → the Boston Tea Party. Members of the Sons of Liberty, disguised as Indians, went aboard tea ships in Boston Harbor. They dumped hundreds of cargoes into the ocean. Led to an escalation of tension between Britain and the colonies.

How did the British government respond to the Boston Tea Party?

Responded repressively: they wanted to crush opposition, they sent soldiers.

What did the Continental (US) Congress want to do in 1774?

In 1774, the colonies came together in a Continental Congress. They began to act collectively. Initially didn’t want independence, only more self-government and less tyranny. Inspired by Enlightenment ideas. They wanted to put pressure on Britain with an alliance.

 What happened when Britain refused to compromise with the Continental Congress? Who was put at the head of the Continental Army?

Eventually the dispute between Britain and the colonies became a war in 1775. A Continental Army was organized. George Washington was the commander. British army more powerful, Americans had local advantage.

What did the Second Continental Congress do on July 4th, 1776? Why?

It was clear to the colonies that negotiation with Britain was impossible. The representatives decided to declare independence on the 4th of July 1776, American national holiday today.

Who wrote the Declaration of Independence?

Thomas Jefferson and the Founding Fathers.

How did the Declaration of Independence justify the American Revolution? What political philosophy inspired it?

It enumerated the abuses and usurpations of Great Britain. Britain was a tyranny for the state. Americans could legitimately overturn it. Inspired by John Locke’s Second Treatise on Civil Government (1689), the idea that we have natural rights and we have to establish governments in order to guarantee those rights.

What was the inherent contradiction in the Declaration of Independence?

"All men created equal," but slavery then? The economy of Southern colonies based on slavery, Jefferson himself owned slaves, as did many of the Founding Fathers. Contradiction of the principle of equality and liberty of the Declaration and the reality.

 Who were the Founding Fathers?

Involved in the creation of United States, they drafted the Declaration of Independence and Constitution after.

 

What various forms did territorial expansion take in the US?

• Settlement: 13 → 50 states? After independence, American settlers moved into new lands to the west of the Mississippi (Virginia). Laws were passed to regulate the integration of new territories into the United States.

• Purchase: Americans bought new land and then settled there. In 1803 Jefferson bought Louisiana from Napoleon.

• Negotiation and wars: Example: the Southwest, war with Mexico.

What is the doctrine of "Manifest Destiny"?

Essay written by John O’Sullivan just before the annexation of Texas. Puritan ideas that it was the American destiny to expand to the Pacific in order to spread their democratic institutions. Inspired by Puritan idea in predestination. Also a convenient justification for expansionist policies.

 What were the Articles of Confederation? What system of government did they create? Why did they not give much power to the national government? Why were they abandoned?

The Articles of Confederation were like a prototype, approved by the Continental Congress in 1777 during the Revolution, ratified by all 13 states in 1781. It created a loose association, not unlike the European Union. States retained a great degree of autonomy, and the power of the central government was really limited.

Lesson from the Revolution: fear that the government would become abusive of its power. Also, the colonies were initially against the British government to get more self-government.

It did not work (only during the War of Independence): the power of the central government was too limited, so it was ineffective.

Examples: it could not raise taxes, there was no real army. The Union struggled to deal with post-war problems, which led to calls for a stronger national government.

 Where and when did the First Constitutional Convention take place? What was its purpose initially? What did it end up doing?

Philadelphia, in May 1787, with 55 delegates. Presided by George Washington.

Their mission was to modify or revise the Articles of Confederation, not to write a Constitution. However, they came up with a totally different document.

Final version voted on September 17th, 1787. It had to be ratified by at least 9 of the 13 states, which was not easy.

The debate was between Federalists and Anti-Federalists.

Federalists: in favour of a strong central government.

Anti-Federalists: in favour of a limited central government.

Who was Alexander Hamilton?

Author of The Federalist Papers, published to convince states to ratify the new Constitution `

 When was the final version of the Constitution voted and when was it ratified?

 

Voted: September 17th, 1787.

Ratified: June 1788.

George Washington became the first President of the United States after that.

Question of limits of federal government power and debate over the boundaries between national power vs state sovereignty, a hot topic in the 19th century as well.

What did the Federalists advocate (défendaient) at the Convention?

They advocated:

• A strong central (federal) government.

• A powerful executive.

• The replacement of the Articles of Confederation.

• A Constitution creating a real national authority.

• A system based on checks and balances.

• The idea that a large republic could protect liberty better than small ones.

 What did the Anti-Federalists advocate at the Convention?

They advocated:

• A weak central government.

• Strong state sovereignty.

• Fear of tyranny and concentration of power.

• Protection of individual liberties.

• The necessity of a Bill of Rights.

• That the Constitution threatened freedom and states’ rights.

 When did George Washington become the first President of the United States?

In 1789.

 What was the political system established by the Constitution a compromise between?

A compromise between:

• A strong national government and state sovereignty.

• Federalism and republicanism.

• Authority and liberty.

• Large states and small states.

 Why was there such a divide between the states at the Constitutional Convention?

The colonies were not a unified territory, they had diverging interests.

A divide between large states and small states.

A divide between northern states and southern states.

A balance needed to be struck between the need for unity and the autonomy of each state.

What political system did the Constitution establish?

A republic and a federation.

What are the three branches of government called? What is this separation of powers into three branches also known as?

An horizontal and a vertical division of power.

Horizontal:

• Legislative

• Executive

• Judicial

What are the roles of each branch?

Legislative: makes the law.

Executive: enforces the law.

Judiciary: interprets the law.

How is the separation of powers different in the American system and the British system?

In the UK, executive and legislative branches are not strictly separated (members of the cabinet are also MPs).

In the US, separation is strict.

What does the term "vertical division of powers" mean?

Power is divided between the national government and the states: federalism.

What is the difference between "enumerated powers" and "reserved powers"?

Enumerated powers: powers enumerated by the Constitution, for example:

• Raise taxes

• Regulate commerce with foreign nations

Reserved powers: powers not explicitly given by the Constitution to the federal government are reserved to the states (10th Amendment), for example:

• Operate schools

• Give licences

The federal government cannot normally legislate on these questions.

 Why was power divided so much by the Founding Fathers?

They were deeply sceptical of systems of government which concentrated power.

They had seen the British system and found it dangerous to allow too much power to be held in the hands of a few.

To avoid this, the Founding Fathers wanted to fragment power as much as possible:

• Between the three branches of government

• Between federal government and states

Strong protections were established to ensure the federal government would not extend its power.

Which philosopher(s) inspired the principle of the separation of powers enshrined in the Constitution?

John Locke and Montesquieu, De l’esprit des lois.

What is the principle of "checks and balances"?

Mutual control between branches.

What is the purpose of checks and balances?

Each branch acts like a safeguard (garde-fou) against abuses of power.

 Note down some examples of checks and balances.

The power of the legislative can be checked by the executive (veto).

The power of Congress can be checked by the judiciary: courts can strike down laws (judicial review).

Congress can impeach members of the executive and also of the judicial branch.

What is the Bill of Rights?

It protects states’ rights and individual rights.

It is the first ten amendments to the Constitution.

It is a safeguard against federal authority.

Why was a Bill of Rights added to the Constitution?

To protect individual rights and liberties.

 What are the roots of the Bill of Rights?

The Magna Carta, limiting the power of the king.

The English Bill of Rights (1689), protecting people from government abuse.

 Why wasn’t the Bill of Rights included in the Constitution at first?

It was not initially in the draft Constitution.

Federalists thought that checks and balances were enough to prevent abuse of power.

They were afraid of giving minorities the power to block majorities.

It was a political compromise: Federalists agreed to add a Bill of Rights later to obtain ratification.

 What rights and protections do the amendments in the Bill of Rights guarantee?

The Bill of Rights is composed of the first 10 amendments. They guarantee fundamental rights and freedoms, including freedom of religion, speech, press, assembly and petition (1st Amendment), the right to bear arms (2nd), protection against the quartering of soldiers (3rd), protection against unreasonable searches and seizures and the requirement of a search warrant (4th), rights of the accused such as due process, protection against self-incrimination and double jeopardy (5th), the right to a speedy and fair trial and to legal counsel (6th), the right to trial by jury in some civil cases (7th), protection against excessive bail and cruel and unusual punishment (8th), protection of unenumerated rights (9th), and the principle of federalism reserving undelegated powers to the states or the people (10th).

What sort of interpretation does the Supreme Court generally give of the First Amendment?

The Supreme Court gives a very broad (large) interpretation of the First Amendment. Most speech is protected, but certain categories are not, such as defamatory speech, some forms of obscene speech, and speech likely to provoke immediate violence.

 What did the Supreme Court say about the Second Amendment in Heller v DC?

In Heller v. DC, the Supreme Court held that the Second Amendment includes an individual right to keep and bear arms, not limited to participation in a militia.

What does the Fourth Amendment require the police to do before searching and seizing somebody's property?

The Fourth Amendment requires the police to obtain a search warrant (mandat de pérquisition) before searching and seizing someone’s property. If they do not, the evidence obtained will not be admitted in court.

What does the Fifth Amendment protect? What case created the obligation for the police to inform people of their right to remain silent when in custody (garde à vue)? What is the warning called?

protects the right to due process, to remain silent, protection against self-incrimination, and protection against double jeopardy. comes from Miranda v. Arizona (1966). The warning is called the Miranda Warning.

How can the Constitution be amended?

approved by 2/3 of Congress and then ratified by ¾ of the states.

 What significant amendments have been made to the Constitution apart from the Bill of Rights?

13th Amendment : abolished slavery

14th Amendment : citizenship to Black people

15th Amendment : which guaranteed voting rights regardless of race or color

19th Amendment : women the right to vote

22nd Amendment : limited the President to two terms. (mandat)

 What constitutional amendment failed to get passed in the 1970s? What would it have established?

guarantee equal rights for men and women

 

Why does the US Constitution provide for a strict separation of powers between the three branches?

To prevent the concentration of power in one person or institution and to avoid abuses of power (Montesquieu).

Why was there a debate on representation at the Constitutional Convention?

Because states disagreed on how representatives should be allocated among states.

What two issues was the debate about?

 

The number of representatives per state and whether representation should depend on population size.

What type of legislature was created?

A bicameral legislature (House of Representatives and Senate).

 How many seats are there in the House of Representatives and in the Senate?

House of Representatives: 435 seats.

Senate: 100 seats.

What is the current political composition of the House and the Senate?

House of Representatives: 218 Republicans, 215 Democrats.

Senate: 51 Republicans, 49 Democrats.

What are the members of each chamber called?

House of Representatives: Representatives (Congressmen / Congresswomen).

Senate: Senators.

How often are elections held for the House of Representatives and for the Senate?

House of Representatives: every 2 years.

Senate: every 6 years, with 1/3 renewed every 2 years.

Who is the current Speaker of the House of Representatives and the President of the Senate?

Speaker of the House: Mike Johnson.

President of the Senate: J.D. Vance.

What is a “government trifecta”? Give an example.

A situation where one party controls the executive branch and both chambers of Congress.

Example: Republicans in 2024.

What important election will take place in 2026? Why is it important?

The midterm elections.

They renew all seats in the House of Representatives and one third of the Senate and serve as a test of the President’s popularity.

 How do the characteristics of representatives and senators differ? What explains these differences?

Representatives act more aggressively. (car election plus court)

Senators are more measured because they face less immediate electoral pressure.

 What legislative institutions exist at the state level?

 

Each state has its own legislature. All are bicameral (two chambers) except Nebraska.

 What powers (compétences) does Congress have?

Congress makes and passes laws. It has the power to declare war, regulate interstate and foreign commerce, raise taxes, and control federal spending (argent) policies (pollitique).

What do members of Congress do?

 

They introduce bills (= projet de lois), serve (siège) on committees, table amendments, and vote on bills to approve or reject them and pass laws.

How does a bill become a law? What are the different stages?

1 : the bill is introduced in either House Any Representative or Senator can introduce a bill, unlike in the British system.

2: the bill is examined and approved by the committees

3: debate in the chamber of the 2 chambers the bill must be approved by both houses by a simple majority. The upper house can block legislation, unlike the House of Lords.

What role can the President play in the legislative process?

The President must sign the bill for it to become law, but he has the right to veto it. This illustrates checks and balances.

How can Congress (les 2 chambres) override the President’s veto?

By a 2/3 majority vote in both houses. This is rare and usually happens at the end of a president’s second term.

What bill did Donald Trump decide not to veto in 2017? Why?

a bill obliging him to impose sanctions on Russia. He knew his veto would be overridden

What is “gridlock” (= shutdown)? Why does the American system create gridlock easily? What are the consequences? What is therefore necessary to get a bill passed?

means an impasse or blockage

This is a major difference from the UK. Gridlock has become more common in the last 10–20 years because of political polarization. To pass a bill, compromise and agreement between institutions are necessary.

What causes a federal government shutdown? What are the consequences of a shutdown?

A shutdown happens when Congress fails to approve the federal budget needed for the executive branch to function. Non-essential government activities are shut down

Why has it become more difficult in recent years for governments to obtain Congress’s approval for the federal budget? Why did the government shut down in 2019?

polarization and lack of compromise.

In 2019, Congress refused to fund Donald Trump’s plan to build a wall on the southern border.

Democrats considering it wasteful and ineffective (35-day shutdown, the longest in history) Trump relented. (a cédé)

Why is the Senate often described as a legislative (cimetière) graveyard for bills with popular support?

The Senate represents each state equally, regardless (indépendament de la démographie) of population.

Bills with broad popular support may fail because less populated states oppose them. Senate mechanisms allow a minority to block legislation.

What is the Senate filibuster? How does it allow a minority to block legislation? What recent legislative proposal failed because of this mechanism?

The filibuster is a Senate mechanism that allows senators to delay or block a bill by speaking for a long time

To stop a filibuster, a cloture motion must be passed, requiring 60 votes. This allows a minority to block legislation.

 How do the British and American legislative systems compare?

It is more difficult to pass legislation in the US, which leads easily to gridlock.

bipartisanship is necessary.

In the UK, the government usually holds a majority in the House of Commons. In the US, the President and the House of Representatives can be from opposite parties.

The House of Lords rarely blocks legislation, unlike the US Senate. There is no presidential veto in the UK.

What are the two main political parties in the United States? What adjective is generally used to describe each?

The Republicans (broadly conservative) and the Democrats (broadly liberal).

 What are “red states”, “blue states”, and “purple states”?

They describe voting patterns (= tendance). Red states generally vote Republican (for example Texas), blue states generally vote Democrat (for example New York), and purple states are swing states that are harder to predict.

 How do the two parties differ on gun control, abortion, gay rights, taxation, immigration, government intervention in social and economic policy, and measures to fight climate change?

Gun control: Republicans are generally against stricter gun control; Democrats are in favor.

Abortion: Republicans are mostly pro-life; Democrats are mostly pro-choice.

Gay rights: Republicans are partly opposed; Democrats largely support them.

Taxation: Republicans favor low taxation; Democrats favor progressive taxation.

Immigration: Republicans support stricter borders and enforcement; Democrats support more openness and amnesties for some undocumented migrants.

Government intervention: Republicans favor a minimal state; Democrats favor government action to combat inequality.

Climate change: Republicans are mostly against strong government measures; Democrats are mostly in favor of measures to limit climate change.

How can Congress check the power of the executive branch? What recent example illustrates this? What happens when a vote is tied (égalité) in the Senate?

Congress can override a presidential veto and can refuse to confirm presidential appointments (= nomination). ( the Senate).

example is when Donald Trump wanted to appoint Matt Gaetz as Attorney General (= procureur général)

When a vote is tied in the Senate, the Vice President casts the deciding vote.

 What does it mean to “hold the government to account”? What is the procedure used to remove a president from office called?

It means obliging the government to be responsible and to justify its actions. Congress cannot question the President regularly, unlike in the British system

The Impeachment, it's by the chambre of representative by a simple majority then se senat organized the trial (procès) super majoritt (2/3) no president has ever been conviced.

 

1. Wich presidents have been impeached ? What were they accuses of ?

André johnson he refuse to execute certain law (abuse of power).

Bill clinton for perjury (mentir en prêtant serment)

Donald trump 2019 for the attempt to get ukraine to uncover dirty secret about Jor biden and twice In 2021 for incifing the capital riat

 

Who was the only president to resign ?

 Richard Nixon