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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART VIII
In Vietnam, Court in particular, Justice System in particular; do not have the legislative function. Like other branches, the judiciary’s authority is specified in the U.S. Constitution. The Constitution defined federal jurisdiction only to certain kinds of disputes and grants the Supreme Court original jurisdiction, the authority that cannot be stripped by Congress. Article III, Section 2 lists them. The two most important disputes are cases involving a federal law question and"diversity" cases, or disputes between citizens of two or more states. Diversity jurisdiction allows each party to avoid litigating his case before the courts of his adversary's state. A second judicial power emerged in the Republic's early years. The U.S. Supreme Court in the case of Marbury v.Madison (1803) explained the authority (authorized by the Constitution) it is possible to identify a law unconstitutional and declare such a law invalid. A law is unconstitutional if it violates people's rights guaranteed by the Constitution, or if Article I does not give authority to Congress to pass that kind of legislation.
Conclusion
In conclusion, the U.S institution and the Vietnam institution are both similar and different. They share some similarities in the legal system. However, the two institutions show significant differences due to the fact that the US is a democratic country while Vietnam is a communist country. So that the law of Vietnam is based on communist legal theory and at both the federal and state levels, while the law of the United States was originally largely derived from the common law system of English law. In addition, the development of the United States constitution is split into the executive, the legislature and the judiciary which work independently whereas in Vietnam, there is no separation in powers of those bodies.
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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART VI
Judiciary in the United States
The United States is renowned for having one of the most sophisticated judicial systems in the world. The judiciary includes a system of courts spread throughout the U.S, headed by the U.S Supreme Court. 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 of the federal judiciary. The Constitution grants Congress the power to establish courts inferior to the Supreme Court. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term. Congress determines the federal courts’ jurisdiction. The courts only try actual cases and controversies which a party must show that it has been harmed in order to bring suit in court. Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court.
The Supreme Court is the highest court in the U.S and theonly one specifically required by the Constitution. It was organized onFebruary, 2nd, 1790. Court officers assist the Supreme Court in performance ofits duties. Approximate 7000 cases each year appealed to the Supreme Court. Its function are to review cases and laws in light of Constitution, to judge cases not solved by the lower court, to judge cases not in states jurisdiction, to judge cases involving non-U.S citizens and to ensure all courts operate under guidelines of U.S Constitution. One chief justice and eight associate justicesreside on the Supreme Court.
Vietnam judicial system consists of two institutions: People's Inspectorates and court. Prosecution and law supervision is the main function of the People's Inspectorates (Article 127, 137 of the 1992 Constitution). The Council of Judges of the Supreme People's Court has the authority to issue resolutions.
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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART V
Vietnam government, the supreme executive body of Vietnam unifies the management of the implementation of the tasks of politics,economy, culture, society, national defense, security and foreign policy of the State to ensure validity of the state apparatus from the central to grassroots levels; ensure respect for and observance of the Constitution and laws; Promote citizenship in the construction cause and national defense; Ensure stability and improve living standards of people. To perform its functions, the government has the authority to issue legal documents stipulated in Article 2,Law on Promulgation of Legal Normative Documents 2008: Decree of the Government, the decision of the Prime Minister, Circular of Ministers and the decision of the State Auditor. And, here is the competent of executive bodies;the legal effect is lower than the text of the National Assembly, the National Assembly Standing Committee issued. In comparison with Vietnam, Article II of the Constitution confers executive power on the President. All executive powers are delegated by the President and ultimately responsible to him. In some areas, the relationship between the executive branch and the other two branches is clear. Suppose there is a bank robbery. Congress passes a law that stipulates a statute criminalizing bank robbery (U.S. Code, Title 18, Section,Section 21 131). Federal Bureau of Investigation (FBI), a bureau under the Department of Justice can investigate the incident. When there is one or more suspects, a Federal Prosecutor who (also under the Department of Justice) may try to prove suspects’ crime in a criminal trial conducted by U.S. District Court.
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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART IV
2. The Election
Every four years, the U.S. presidential election takes place on the first Tuesday after the first Monday in November. Following to U.S Constitutions requirements, a presidential candidate must be at least 35 years old, must be a natural born citizen of the USA and must be a resident of the USA for 14 years. The process of the US presidential elections is divided into four stages: Primaries and Caucuses; National Conventions; General Election and Electoral College. In the primaries and caucuses, party members get to vote for the candidate that will represent their party in the upcoming general election. At the end of this step, each party holds a national convention to finalize the selection of one Presidential nominee. During this time, each Presidential candidate chooses a running-mate (or Vice-Presidential candidate). Each party is represented by one candidate, the general election process begins. Candidates campaign throughout the country in an attempt to win the support of voters. Finally in November, the people vote for one candidate. When a person casts a vote in the general election, they are not voting directly for an individual Presidential candidate. In the Electoral College system, each state gets a certain number of electors, based on each state’s total number of representation in Congress. Each elector gets one electoral vote. The President-elect and Vice President-elect take the oath of office and are inaugurated two weeks later, on January 20th.
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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART III
Among the president’s constitutional powers is that of appointing important public officials. Presidential nomination of federal judges, including members of the Supreme Court, is subject to confirmation by the Senate. Another significant power is that of granting a full or conditional pardon to anyone convicted of breaking a federal law except in a case of impeachment. The pardoning power has come to embrace the power to shorten prison terms and reduce fines. Presidential Power is under the control of Congress and depends on public opinions. The roles of the Cabinet are to advise and assist the President. The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, who are generally the heads of the federal executive departments. They are Vice President and the Heads of 15 Executive Departments.
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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART II
The president is the head of the executive branch of the government, which includes many departments and agencies. The president, the Constitution says, must “take care that the laws be faithfully executed.” To carry out this responsibility, he presides over the executive branch of the federal government-a vast organization numbering about 3.5 million people, including 1 million active-duty military personnel. In addition, the president has important legislative and judicial powers. Article I requires any bill passed by Congress has to be presented to the president before it can become law. The president has three options. The first option is to sign the legislation; the bill then becomes law. The second option is to veto the legislation and return it to Congress. The bill does not become law unless each house of Congress votes to override the veto by a two-thirds vote. The third option is to take no action. After 10 days, not counting Sundays, two possible outcomes emerge: If Congress is still convened, the bill becomes law. If Congress has adjourned, thus preventing the return of the legislation, the bill does not become law. This latter outcome is known as the pocket veto. Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the federal government. The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require congressional approval. As commander-in-chief of the armed forces of the United States, the president may also call into federal service the state units of the National Guard. In times of war or national emergency, the Congress may grant the president even broader powers to manage the national economy and protect the security of the United States. The president nominates and the Senate confirms the heads of all executive departments and agencies, together with hundreds of other high-ranking federal officials. The large majority of federal employees, however, are selected through the Civil Service system, in which appointment and promotion are based on ability and experience.
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U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART I
Introduction
In the history of all nations in the world, the United States is the first federal country that has the chance to build a political institution that entirely selected by citizens from the early days of national building. Experiencing the vicissitudes of history, the United States institution is specified in the original Constitution that still exists to this day. These principles are defined in this constitution and they have been used in many countries around the world as the model, because they reflect the fundamental aspirations of the people, the life liberty and the pursuit of happiness. “The chief magistrate derives all his authority from the people..."(Abraham Lincoln,1861).The federal entity created by the Constitution is the dominant feature of the American governmental system.
Executive in the United States
The power of the president
220 years ago in 1787, the Constitutional Convention did talk about the role of the executive branch and representatives of the states have debated and agreed upon a principled problem is that if the power belongs to the people institution must have real power, such ideas are mainly expressed in a collection of articles on federalism advocated (Federalist Papers) of the author Alexander Hamilton, James Madison, and John Jay. The U.S. Constitution in 1787 was the first written constitution in the history of mankind that although so far there have been amendments to the constitution, the results of this meeting, 7 clauses of the U.S Constitution is still in force reality. The power of the Executive Branch is vested in the President of United States, who also acts as head of state and Commander-in-chief of the armed forces. The U.S Constitution prescribes that the President must be elected. 220 years have passed, and so far we must also accept the fact that the framer writers of U.S Constitution calculated carefully, the head of the executive has a strong institution, real power and is capable of quick decisions and timely big issues of the country. In a constantly changing world, the pressures of the market, the public cannot allow the decision delays. Before the great issues of the country, the head of the executive has to express their views strongly and it is important to be responsible directly to the citizens. Presidential Powers includes executive power, legislative power and judicial power. The office of president of the United States is one of the most powerful in the world.
2015년 2월 13일
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