The procedure for the election of the President, Vice-President, Congressmen and US senators

In the history of the United States, there have been occasions when congresses and legislative assemblies of individual states attempted to introduce additional "qualifications" for candidates to the House of Representatives, but such attempts were rare. In 1969, the Supreme Court in the Powell v. McCormack finally decided that the list of "qualifications", contained in Sec. 2 tbsp. I, is exhaustive and the Congress can not deprive mandates of already elected members on the grounds that they do not meet any other additional requirements.

In the United States, the "locality rule" was repeatedly criticized, according to which a member of the House of Representatives must necessarily be a resident of the state from which he is elected. The constitutional requirements were aggravated by the established practice, which acquired the force of the convention norm (constitutional agreement), which requires the candidate to reside not only in the state, but also in the relevant constituency. This agreement gave rise to parochialism, particularism, disregard for national problems, since a member of the Chamber is not only bound by the short-term nature of his powers, but also by the need to placate local interests [6. from. 213].

According to Section 1 of Article 1 of the US Constitution, the time, place and procedure for holding elections for senators and representatives are established in each state by the legislature; However, the Congress may at any time by its law establish or change the rules for holding elections, with the exception of those relating to the place of election of senators.

Within the meaning of this section, art. I all the rules concerning the time, place and order of election of members of both chambers of the congress are referred to the joint competence of the legislature of the respective state and congress. The Constitution makes an exception to the rules on the place of election of senators - their adoption is the exclusive prerogative of state legislatures. However, the Congress did not use its powers in this area until 1842, when he passed a law on the introduction of a uni-unified system for the election of members of the House of Representatives. In subsequent years, the Congress repeatedly passed laws concerning the equality of electoral districts for the election of members of the House of Representatives and establishing the procedure for challenging the legitimacy of mandates received in violation of the rules fixed by it. Only in 1870 Congress passed the first federal law, which was aimed at the practical implementation of the guarantees contained in Amendment XV to the Constitution against racial discrimination in the field of electoral rights. This and a number of subsequent laws criminalized offenses punishable by federal laws, such as illegal registration of voters, bribery, illegal voting, submission of falsified reports on the number of votes cast, interference of election officials in the voting procedure, abuse of such officials by their official duties . The legislation enshrines the right of federal judges to appoint special persons to oversee compliance with the law in the places of registration and voting; these persons had the authority to witness with their signature the truth of any documents on the conduct of voting and determining the results of elections.

The abolition of restrictive qualifications and the establishment of a mechanism to monitor the legality of elections were held after the Second World War. In 1957, 1960, 1964, 1965, 1968 and 1970, Congress passed laws guaranteeing the exercise of electoral rights in federal, state and local elections. The legislation provides for the appointment of federal electoral registrars and observers, suspends or abolishes the use of the literacy qualification and certain other qualifications and restrictions. Currently, the regulation of congressional elections in the most general form is implemented by the Law on Federal Election Campaigns of 1971 and its Amendments of 1974.

 

 

 

 

 

 

 

 

 

 

 

Conclusion

The US President is the head of the US state, the head of the executive branch of the US Federal Government and the commander-in-chief of the Army and the Navy under the US Constitution. Has the right to veto bills (bills) passed by the US Congress. The post originated under the US Constitution, adopted in 1787. Becoming the US President under the US Constitution can only be a US citizen by birth, over 35 years of age and residing in the United States for at least 14 years.

The US Vice President is the second most important official in the executive branch of the US federal government. Elected together with the President of the United States, each candidate for the presidency has a "in a bunch" candidate for a vice-presidential office. Represents the same political party as the president. Formally headed by the US Senate, has a number of other public duties.

The system of formation of the House of Representatives has developed to the present as a result of a long and contradictory process of interpretation and explanation of the Constitution by the federal courts and the House itself.

In American constitutional theory and practice, there is no doubt only the proposition that "the House of Representatives consists of members elected every two years." Thus, the Constitution established a two-year term for the House of Representatives. All its members are re-elected on the first Tuesday after the first Monday of November of every even-numbered year. However, the term of office of the House of Representatives is calculated not from the election day, but from the day of the first session of the newly elected Congress.

 

Sourse

1. The Constitution of the United States. - M .: Lawyer, 1995.

2. Constitutional (state) law of foreign countries. A common part. Responsible editor B.A. Scary. M., Beck, 2000.

3. A.A. Mishin. Constitutional law of foreign countries. M., 2000.

4. A.V. Yakushev. Constitutional law of foreign countries. Lecture course. M., Prior, 2000.

5. Constitutional law of foreign countries. Under the general ed. member - corr. RAS, Professor, MV Baglaya, Doctor of Law, Professor Yu.I. Leibo and Doctor of Law, Professor L. M. Entin. M., "Norma", 2000.

6. General theory of state and law. Academic course in 2 volumes. Ed. prof. M.N. Marchenko. Volume 2 Theory of Law. - M .: Publishing house "Zertsalo", 1998. - 656 p.

7. Yagur N.N. History of the state and law of foreign countries. Reader. - Mn. Theseus 2004 - 92s.