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Russia versus the United States Comparative

Framework

United States of America

-Constitution-based federal republic; strong democratic tradition

-federal court system based on English common law; each state has its own unique legal system

-bicameral

- executive judicial and legislative branches

-political pressure from just about every walk of life (PAC’s)

Russia

-3 branches, executive judicial and legislative

-46 oblasts (states), 21 republics with 4 autonomous okrugs

-based on civil law system; judicial review of legislative acts;

-federation, but is essentially a democracy

-elections have been lopsided since new constitution implemented in 1993

-government faces pressures from lobbyist groups, mostly civil rights and labor movements

-bicameral

-parties include democratic and communist influences, although federalists are in power

Russia

Limitations

Type: Federation.

Independence: August 24, 1991.

Constitution: December 12, 1993.

Branches: Executive--president, prime minister (chairman of the government). Legislative--Federal Assembly (Federation Council, State Duma). Judicial--Constitutional Court, Supreme Court, Supreme Court of Arbitration, Office of Procurator General.

Political parties: After a shakeup in late 2008 dissolved and combined several parties, seven registered parties remain: United Russia, the Communist Party (KPRF), the Liberal Democratic Party (LDPR), Just Russia, Yabloko, Patriots of Russia, and the new Right Cause party. Yabloko, which favors liberal reforms, and Patriots of Russia failed to clear the 7% threshold in 2007 to enter the Duma.

Subdivisions: 83 federal subjects (members of the Federation), including 21 republics, 9 krays, 46 oblasts, 2 federal cities, 1 autonomous oblast, and 4 autonomous okrugs.

Suffrage: Universal at 18 years.

Limitations….Russia’s 141.9 million citizens descend from more than 100 ethnic groups. Russian is the official language of Russia and is one of the six official languages of the United Nations.

United States

Limitations

The implied limitations upon the Federal Government are: first, those implied in the express limitations; and second, those which arise from the general nature of the American federal State. The Constitution looks to a preservation of the several States in the administrative autonomy that is allotted to them, and from this is deduced the principle that the Federal Government may not, unless it be absolutely necessary to its own efficiency, interfere with the free operation of state governments either by way of imposing upon them the performance of duties, or of unduly restraining their freedom of action by way of taxation or otherwise.

Roles on a National Level

Judicial Branch

  •  Supreme Court – court of judges that see the highest court cases and produce the final decisions

 -Federal court of Appeals

 -Other federal courts

  • In charge of enforcing the laws making sure that things are constitutional

Executive Branch

  • President - Highest power in the country; commander in chief
  • Vice President
  • Vetos laws; Talks about politics

Legislative Branch

  •  Supreme Court – court of judges that see the highest court cases and produce the final decisions

 *Federal court of Appeals

 *Other federal courts

  • In charge of enforcing the laws – making sure that things are constitutional

Role of Executive

Branch

- Head of government and state are same person, president

- President is commander in chief

- Handle direct foreign affairs

- Veto or suggest bills to congress

Role of Judicial

Branch

•Judges appointed by the President and Senate

•Supreme Court (highest court)

•Judges serve for life or until they resign

•Sees cases between states and those involving ambassadors

•Appeals from highest state courts

•Determine if laws are constitutional

•Fulfills constitutions right for every citizen to have a fair trial

•writ of certiorari - petition for Supreme Court to hear criminal and civil cases

*Different states have different laws as long as they don’t conflict with the federal government

Role of Legislative Branch

- Draft bills and vote on whether or not to implement them

- Bicameral

- Can overthrow presidential veto with 2/3 vote

- Investigative powers

- Power to declare war

Military

• Army, Navy, Marine Corps, Air Force, and Coast Guard

• President - Commander in Chief

• civilian control of the military - soldiers are civilians

• complex network of people and departments that organize and control the military

• United States Department of Defense, National Security Council, etc.

• 2010 - Department of Defense had base budge of $533 billion (#1 in world) (4.3%)

• additional $163 billion requested for War on Terrorism

• another about $250 billion in “other” spending

• Military’s role is for defense and to fight wars

Legislative

Branch

-considered a parliament, called the Federal Assembly

-approve legislation, draft new laws

-two chambers, the 450-member State Duma (the lower house) and the 178-member Federation Council (the upper house).

-The Federation Council, as its name and composition implies, deals primarily with issues of concern to the subnational jurisdictions, such as adjustments to internal borders and decrees of the president establishing martial law or states of emergency. As the upper chamber, it also has responsibilities in confirming and removing the procurator general and confirming justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, upon the recommendation of the president. The Federation Council also is entrusted with the final decision if the State Duma recommends removing the president from office. The constitution also directs that the Federation Council examine bills passed by the lower chamber dealing with budgetary, tax, and other fiscal measures, as well as issues dealing with war and peace and with treaty ratification.

-All bills, even those proposed by the Federation Council, must first be considered by the State Duma

Judicial Branch

-Based on civil law

-Includes review of legislative acts

Settles disputes between:

•Legislative and execute branches

•Moscow and regional government

Also sees:

*Violations of constitutional rights

*Looks at appeals from various bodies

*Participate in impeachment proceedings against the president

*Includes

•The Supreme Court - criminal, civil, ans administrative cases

•The Supreme of Arbitration - resolves economic disputes

*Judges appointed by the federation council

Executive

Branch

-President is responsible for broad direction and policies, while the premier is in charge of day to day operations

-Represents the country in all state and foreign affairs

-President empowered to add or remove members of the executive branch

-Adhere to swift lawmaking with regard to constitution and civil justice

-execute credit and monetary policies and defense, foreign policy, and state security functions; ensure the rule of law and respect for human and civil rights; protect property; and take measures against crime

-The Government formulates the state budget, submits it to the State Duma, and issues a report on its implementation

Military

- Anti terrorism

- Maintaining expensive nuclear weaponry

- Focus continues to be on these weapons

- Not engaged in any meaningful conflict

How the Constitutions Get Amended

America

Proposed in two ways:

1. A bill must go through both houses in Legislature (2/3 majority); then goes to states

2. Constitutional Convention to be called by 2/3s of legislatures of the states; then the convention proposes the amendment(s). Then they are sent to the states

*Never been done

Ratify in two ways

1.Amendments must be accepted by 3/4 of the state legislatures

2.Amendments must be accepted by 3/4 of states’ ratifying conventions

oHas only been used once

•The president may not veto an amendment

“Informal Amendment”

•Gradual change of the meaning of the constitution but not a change of the constitution itself

•Circumstances change in a country

•The Judiciary

•Says how the Constitution is interpreted and so they can change the interpretation of the Constitution

Russia

•Amendments are proposed by

•President

•Federation Council

•State Duma

•Government of Russian Federation

•Legislative bodies

•Constitution says that Chapter 1,2,9 of Constitution cannot be revised by the Federal Assembly

•However, if 3/5 of deputies of Federation Council and State Duma support a revision of Chapter 1,2, and 9, then a Constitutional Assembly will be called

•At the assembly they will either uphold the original constitution or draft a new Constitution

•New constitution must be accepted by 2/3 of Constitutional Assembly or 1/2 of the population

•Chapters 3-8 will follow the procedures of adoption of a law

•2/3 votes of citizens in order to pass

Based on civil law

Includes review of legislative acts

Settles disputes between:

• Legislative and execute branches

• Moscow and regional government

Also sees:

• Violations of constitutional rights

• Looks at appeals from various bodies

• Participate in impeachment proceedings against the president

• Includes

• The Supreme Court - criminal, civil, and administrative cases

• The Supreme of Arbitration - resolves economic disputes

• Judges appointed by the federation council

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