The US constitution.

                   The US Constitution. 


               Introduction and Evolution

• The present Federal government of U.S.A came into being in the year of 1789.The United States comprised of thirteen colonies of Great Britain. In the year 1776, these colonies at the Atlantic Coast rebelled against the mother country and became independent in 1783.During this period the revolted colonies established the “Articles of Confederation” as the first constitution in 1777.

• However, this system could not last very long. There was no separate common executive nor was there any independent judiciary. An effective central government was the fundamental need of the hour. A convention for the purpose of framing the constitution was convened at Philadelphia in 1787.Thus the constitution was framed on the basis of this convention and was signed by the delegates on September 17,1787.This constitution came into force in 1789.since then it has undergone many changes, one of them being the increase in the number of states from 13 in 1787 to 50 at present.

                             Sources

• Following are the important sources of the American constitution.

Written Constitution of 1787:

• This original constitution was drafted by a convention held at Philadelphia. It came into force in 1789.

Judicial Decisions

• The occasional interpretations of the constitution by the Supreme Court have introduced many important modifications in the constitutions.

Laws of Congress

• The framers of the constitutions laid down only the general outlines of the governmental structure. The details have been filled in by the laws passed by the congress.

Convention:

• A convention is a custom which by long usage has acquired the force or sanctity of the constitution. These are also an important source of the American Constitution.

Formal Amendments:

• During the period of over 170 years, the American constitution has undergone a number of amendments in the original documents. 

                     Articles

• THE 7 ARTICLES OF THE US CONSTITUTION

• To understand the United States of America, start with the Constitution. Written over 200 years ago, when the nation was first being established out of the 13 British colonies, this document is a blueprint. Its seven sections (or Articles) detail the core components of how the framers wanted the government to run the country.

• Article I – The Legislative Branch.

•  The principal mission of the legislative body is to make laws. It is split into two different chambers – the House of Representatives and the Senate. Congress is a legislative body that holds the power to draft and pass legislation, borrow money for the nation, declare war and raise a military. It also has the power to check and balance the other two federal branches.

• Article II – The Executive Branch. 

• This branch of the government manages the day-to-day operations of government through various federal departments and agencies, such as the Department of Treasury. At the head of this branch is the nationally elected President of the United States.

• The president swears an oath to ‘faithfully execute’ the responsibilities as president and to ‘preserve, protect and defend the Constitution of the United States’. Its powers include making treaties with other nations, appointing federal judges, department heads and Ambassadors, and determining how to best run the country and run military operations.

• Article III – The Judicial Branch. 

• Article III outlines the powers of the federal court system. Determines that the court of last resort is the US Supreme Court and that the US Congress has the power to determine the size and scope of those courts below it. All judges are appointed for life unless they resign due to bad behaviour. Those facing charges are to be tried and judged by a jury of their peers.

• Article IV – The States. 

• This article defines the relationship between the states and the federal government. The federal government guarantees a republican form of government in each state, protects the nation and the people from foreign or domestic violence, and determines how new states can join the Union. It also suggests that all the states are equal to each other and should respect each other’s laws and the judicial decisions made by other state court systems.

• Article V – Amendment. 

• Future generations can amend the Constitution if the society so requires it. Both the states and Congress have the power to initiate the amendment process.

• Article VI – Debts, Supremacy, Oaths.

• Article VI determines that the US. Constitution, and all laws made from it are the ‘supreme Law of the Land’, and all officials, whether members of the state legislatures, Congress, judiciary or the Executive have to swear an oath to the Constitution.

• Article VII – Ratification. 

• This article details all those people who signed the Constitution, representing the original 13 states.

                          Features

• Following are the salient features of the American constitution:

A)Written Constitution. 

• First prominent feature of the American constitution is that unlike the British Constitution, it is a written or documentary .It is very brief document and contains about 4000 words and at least 10—12 pages. It consists of preamble and seven articles only. The framers laid down only the fundamental principles and did not bother about the details. However, this does not mean that all the rules of the American constitution are to be found only in one document. It proclaims itself to be the “supreme law of the Land”.

b)Rigid

• Another feature of the American constitution is that it is rigid, which means that it cannot be amended by the congress by the ordinary procedure. The procedure is very intricate and difficult. It is, therefore, rightly remarked that “it the founding fathers were to return to life today, they would not find it difficult to recognize handiwork.

c) federal:

• Another important feature of the American constitution is that it is federal in structure. Federalism is a device by which independent states form a union without losing their identity. The American states are units having autonomous powers; the centre cannot meddle in their affairs.

d) Separation of powers:

• American constitution is based on the principle of “separation of powers”. The framers of the constitution believed that the separation of various organs of the government was necessary to ensure individual liberty and to check despotism. They, therefore, gave the presidential system to their people. In U.S all the legislative power is enjoyed by the president; he is not responsible to the legislative. The legislative powers have been vested in the Congress. The judicial powers are vested in the Supreme Court.

e) Checks and balance

• The framers of the U.S constitution were aware that a department, if left unchecked, would become oppressive. They, therefore, introduced checks and balances n the constitution. Thus, Congress has been given a share in the executive powers. It can check the president’s powers of making treaties and appointments. Similarly, the President enjoys the powers of suspense veto. By using this power he can influence legislation. He also enjoys judicial powers of giving pardon and reprieve.

f) judicial independence:

• The direct consequence of separation of powers is the doctrine of judicial independence. In United States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other office can influence its independence.

g)Judicial Review:

• An important feature of the American constitution is the power of judicial Review. The Supreme court in U.S is supreme not only in theory but also in practice. In U.K no court can challenge the power of Parliament; however in United States all the laws passed by the congress and state legislatures are subject to judicial review.

h) Fundamental rights and Liberty:

• Another important feature of the American constitution is that it ensures certain fundamental rights for every America citizen, of which he cannot be deprived by any lawful authority. Freedom f religious worship, freedom of speech and press, right to assemble peacefully and property rights etc. are some of the fundamental rights enjoyed by the U.S citizens.

I) Popular Sovereignty:

• The US constitution establishes the popular sovereignty of the people. The preamble of the constitution runs thus:

• “We, the people of United States, in order to form a perfect union, establish justice, ensure domestic tranquility, promote general welfare and secure the blessings of liberty ourselves, do ordain and establish this constitution for the United States of America”

• First words---------we, the people of United States..This means that the ultimate seat of authority in United States is the American people.

j) Limited Government:

• Another important feature is the doctrine of limited government. Unlimited powers of the government would make them despotic which would lead to tyranny and violence. In U.K the Parliament is supreme whereas in United States the constitution is supreme and the powers of the government organs are limited.

K) Bicameral Legislature:

• In United States, congress is the parliament, which consists of two houses. The Senate and the House of Representatives. This means that the type of legislation in U.S is bi-cameral.

l) Dual citizenship:

• Every American citizen is entitled to the right of dual citizenship. First of all, he is the citizen of America and secondly he is the citizen of that state in which he lives. The feature of dual citizenship was introduced in the American constitution by the 4th amendment.