TD ANGLAIS

t.nguyenq@parisnanterre.fr

Evaluation sur niveau d’anglais : aspects CR CO et EE. Acquisition des fondamentaux systèmes USA,
histo et juridique.

Modalités d’enseignements : activités compréhensions et expressions. Docs audios et vidéos. Caque

chapitre, liste de vocab + séries de questions de révisions. Des exos de grammaires à rendre chaque
semaines . Correction de ces exos obligatoire rythme hebdomadaire.

Rendu sur cours en ligne . Notation sur l’assiduité. Rajout de points sur note de fin de semestre.

2 absences max. 3 travaux non rendus, défaillants.

2 évaluations : comptés au même coefficient. Une de mi-semestre le 16 octobre. Question cours +

compréhension de documents

Fin de semestre un essai.

Point of the class : learn about po and judicial amrican system.

CHAP 1 : The American federal system of government

I. Historical background
Page 1 à 3

Colonial past USA

Setttlement : colonie

Stamp : timbre/ tamponner

Revenue stamp : taxe sur l’impression, le papier porte ce timbre, revient plus cher chaque
impression.

Silversmith quelqu’un qui travaille l’argent Orfevre Black smith : acier et métal

Argument over territories btw French and british : seven year war

1-F Le dernier des moicans

2-G

3-B

4-A

5-H

6-D

7-C

8-E
2.

FALSE : despite gaining new territories, winning the war also mean letting with a hudge
amount of debt. Even gaining, let with hudge amount of debt as they have to found the war,
solution : raise taxes specifiecly in the colonies.

FALSE : Not the only cases of taxes raise in the colonies, other act, 1767/1768 the thousand
act legalize for the brtiish parliament to tax the colonies. Act made with opposition by the colonies.

FALSE : American knew about the gathering, paul revere aware. Start of the revolution,
LEXIGTON Massachusetts.

Define a constitution : a text or series of text that define how government works. The
founding principles organizing principles, includes values that legitimizes why government should
work this specific way. British left with amount of debt, main leads to fund the state is to raise et
put on taxes. Characteristic modern state is to raise taxes.

Should have consent of population => election and participation State works for your best
interest. Be represented in parliament. To have a mandate. Problem is colonist had no representation
in the parliament, or they were British subjects and citizens. The colonist did not vote for members of
parliaments.

In the British constitution it was legal to tax British citizens without their consent. Questions
constitutional issues. No limits to the power has on the British colonies. Didn’t enjoy the same rights
as the British in Europe.

How is it possible to have no rights in the parliament, against this contradiction lived by
American colonist, any say with the legislative process.

Steps led to independence, debute with taxations, colonies refused to be tax by the uk
government, not have elected to represent their interest in parliament. State imposed taxes on
them when they didn’t elected those people.

Les colons pas rpz au parlement britanique qui leur a imposé des taxes. La boston tea party : dec
1773. Tea act : taxation sur la vente de thé, exonérait UK de certaines taxes mais imposaient aux
colonies d’amérique du nord. Acte symbolique d’arrêter ce navire pour le deverser, in the harbor . CeT
évènement qui conduit à a déclaration d’indépendance lorsque les colons et troupes britaniques
entrent en conflits, 76 declration independance 4th july suite american revolution.

II. Questioning the role of central government : from the articles of confederation to the
us constitution

PAGE 4 /5

Delegates – power - major flaw – central government – very limited -individual states – approval –
overwhelmed – chaos – way too strong – not strong enough – balance – founding fathers –
constitutional convention – 55 - revise – destroy – revise – took the pulse – starting from scratch (de
puis le début) - 1787

To torched : destroy, burn it.

The articles of confederation and perpetual union : first written constitution of the USA,
articles btw 1776 and 1777
 1. Because the went form a way too strong central government to a not strong enough needed
ton find a balance. Process new constitution had to deal with a form of trauma. By the fact
that british rule were authoritarians.
Concentrate in a place, consequence authoritarians effect, avoid the concentration of power,
created central government but limited power by making sure states has power of their own.
Pouvoir limités que le processus législatif était compliqué voir impossible.

2. Lay the foundation for this failure : poser les bases de cet échec. Concentration of power in
one single place, let the authoritarians abuses over the colonies, wanted to avoid that,
wanted to limit. Was a way to au prevent risk of autoritharian. Balance distribution of power.
3. To correct, te convention was to revise. But they created a new one.

PAGE 7/9 :

1. Delegates would not come or not agreed to participate. Because wanted to avoid a too strong
central government. Not running the risk of limiting the autonomy.
The founding fathers /the framers
2. Separtion of power (Montesquieu), executive, legisltativ et judicial. Retain certain amount of
sovereignty for the colonies, divided power btw federal government and it constituent units.
Begin of the American federal system.

PAGE 10/11

Divided power btw federal and state => Power enumerated, reserved, concurrent and prohibited.

1. Uniformise procedure and to trauma with british power

2. Avoid abuses and form of royalty either in federal government and federal state
3. To avoid tyrani
Confederation of state, how it divides power btw it constituencies. Are states. Idea that the
government was still very influencial when the constitution was voted. If want to change constit have
to go threw congress but the vote is difficult one to obtain, congress may by 2/3 votes both chambers
Proposing and then ¾ of the states ratified it, then the amendement if amended. Alternatively states
also called on congress on constitutional amendents.

Established boundaries : power to decide in constituency

PAGES 9/10

 Types of laws at federal and state level

USA constit, birthday 17th September, set out the system of the federal government, the
relationship btw federal government and the state governments. Several statutes passed by
congress.

Executive agencies EPA, of food and drugs administration. Power

X or Y. Federal system => Agencies.

Common law => Judge law

Replicate at state level ; own

REGULATIONS : en acted by adminsitrations of the executive branch. Prescriptive xith normative

values, not issues by the legislative branch.

US constitution supreme law of the land, can’t have any form of law or regulation that goes
agains us constitution.

Federal legisltature : congress.

All operates as laws. => All of them bc same structure.

FDA and EPA

Delegate of power with agencies. It’s called regulation => statute piece of legisltation form
legisltature and regulation piece of legislation by executive branch of government througt
delegation to federal agencies (FDA EPA).

Common law : judge made law.

PBQ with this ucplication : wchich court has authority, conflicts of laws, states laws may
contradict federal laws.

PAGE 11/12 =>

 Features - sources – Founders – framed – ratified – amendment – legislativie – legislature –
permitted – Executive – executive – delegations – defining – enforcing – branches – enforcer –
congrational – creature of the judiciary – wrap their minds around (a comprendre/ a s’y faire) –
around – written down – the courts – knock on wood– get sued- sue – damages (le tort et
dédomagement) - a claim of negligence – claim of negligence – prior cases – judication –
predates – England – civil law – roman – code – positive enactements - no other sources – their
own decisions – sources – judiciary – judiciary – interpretets – sides cases – source – decider

In keeping with => En accord avec

1. Civil law : a code, from roman law, tries to define everything, positive enactements law,
common law based on precedent and their own decisions, interprets.

Mains differences : common law based concept of judicial precedent. Passed judicial decides, take
eact in shaping the law. Even tho law creat by legislative, judges relies on precedent, applied them in
individual cases. Expost approach.

Civil law : much place on codification, civil law almost exclusively rely on written statutes, constzntly
updated. Legal codes established legal procedures. In civil law system : found awnser in cofified law,
law makers more influence than judges. Common law system : judges have more influence/

Execuriv regulations, legilstarure instit with statutes and judiciary with common law creature
of judiciary.

Applies at state and federal levels. Judiciary different, source of it’s own law also decider for the other
types of laws, judiciary gets to a tempored statutes and regulations.

Certaines lois peuvent prendre le pas sur l’autre, dependent de la privenance de cette loi. Common
laws precedent based on judges : statutes supersead the common law made by judges. US
constitution au dessus de tout.