Following are the salient features of the U.S.A. constitution:
√ Written constitution
√ Rigid constitution
√ Popular sovereignty
√ Bicameral legislature
√ Separation of powers
√ Checks and balances
√ Judicial Review
√ Presidential system
√ Federal system
√ System of republic
√System of spoils
√Bill of Rights
√ Dual Citizenship
Now i will try to give a short discussion above issues;
1. Written Constitution:
American constitution is a
written constitution framed in
1787 and enforced in 1789. It
consists of seven articles; three
of them related to structure and
powers of Legislative (Article 1),
Executive (Article 2) and
Judiciary (Article 3) and the
other four dedicated to position
of states (Article 4), modes of
amendments (Article 5),
supremacy of national power
(Article 6) and ratification
(Article 7). It also holds that
constitution is the supreme law
of the land. Article one is the
longest and cannot be amended.
Like other constitutions, it also
consists of preamble; a single
sentence that introduces and
defines purpose of the
document.
2. Rigid Constitution:
It is one of the most rigid
constitutions in the world which
means that for amending it, a
special and difficult procedure
has to be followed. It consists of
2 steps;
2.1 Proposal for Amendment:
Either two-third (67%) of both
the houses (Senate and House of
Representatives) shall propose
for amendment to constitution
or on the application of
legislatures of two-third (67%)
states shall call a convention for
proposing amendment.
2.2 Ratification of Proposal:
The amendment shall be ratified
by the legislatures of three
fourth (75 %) of all states or by
the convention of three fourth of
states.
It is because of this rigidity that
American constitution has been
amended only 27 times in over
200 years.
3. Popular Sovereignty:
In U.S, the people rule i.e. they
have delegated their powers to
the government and the
government owes its authority
to the will of the people. The
principle of popular sovereignty
is stated in the Preamble of
constitution as “ we the
people……..do ordain and
establish this constitution for
United States of America.”
4. Bicameral Legislature:
The constitution of USA provides for bicameral legislature i.e. two houses in the centre.
According to Article 1, “All
legislative powers are vested in
Congress.” Congress consists of
two houses i.e. Lower House or
House of Representatives and
the Upper House or Senate.
4.1House of Representatives:
The House of Representatives
has 435 members who are
elected by the people through
adult franchise method for a
period of two years on
population basis i.e. state with
larger population gets more
seats in this house like
California has 53 members.
4.2 Senate:
The members of Senate are
elected by the state legislatures.
Each state has two senators
meaning that each state has two votes in senate. These senators are elected for a period of six years on parity basis. The total number of senators is 100 as the
total states are 50.
5. Separation of Powers:
The doctrine of separation of
powers divides power between
the three pillars/institutions of
government to prevent
interference of one institution in the affairs of another. The
powers are divided among
Congress, President and the
Judiciary. Congress has the power to make laws which outline general policies and set certain standards. President can
enforce, execute and administer
law. He is assisted by his
cabinet but is solely responsible
for all actions of Executive
branch. Judicial Powers are
exercised by the Supreme Court
which interprets laws and
decided cases and controversies
in conformity with the law and
by the methods prescribed by
law.
6. Checks & Balances:
The system of Checks and
Balances laid down by the
separation of powers prevents
misuse of powers. The powers
are provided in such a way that
it provides a check upon other
institutions.
Examples:
a) President can veto a bill
passed by the Congress. The
congress can pass legislation
over president’s veto by two
third majority.
b) President has the power to
appoint judges of the Supreme
Court subject to approval of the
Senate.
c) The constitution has vested
the powers of “Judicial
Review” in Supreme Court.
Supreme Court can approve,
reject or review any action
taken by the President or laws
made by the Congress .
All this creates a system which
makes compromises necessary
which is a sign of healthy
democracy. It prevents the rise
of dictators as well.
7. Federal System:
The U.S constitution provides
for a federal system of
government which means that
powers are divided among
centre/federal government and
the states. According to Article 1, the federal government has
jurisdiction over 18 matters and
residuary powers are vested in
states. States are autonomous
bodies and centre cannot
meddle in their affairs. In case
of conflict, Supreme Court
decides or settles the dispute.
8. Presidential System:
The constitution provides for a
presidential form of
government. Article 2 provides
the powers, election and their
matters related to president.
President is elected for a term of 4 years and is not answerable to Congress but cannot dissolve Congress. He has a cabinet to assist him in running his executive powers.
9. Republicanism:
The constitution calls for a
republican system with
President as elected head of the
state. The constitution derives
its authority from the people
and is supreme law of the land.
Neither centre nor states can
override it.
10. Bill of Rights:
The first ten amendments to the
constitution are called “Bill of
Rights”. The BOR provides for
the rights of a person’s
property, liberty, freedom of
speech, press, religion and
assembly.
11. Dual Citizenship:
The constitution provides for
dual citizenship i.e citizen of
United States and the state
where one is domiciled.
12. System of Spoils:
When a president is elected, he
does appointment of public
offices. If in elections, President
elected is of the opposition
party, he dismisses the public
office bearers and makes fresh
appointments. Under this
system, a civil servant
appointed by one president on
political consideration cannot
retain his office when an
opposition President secures
victory in polls.
