Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

Salient features of American constitution

Introduction: American constitution is the oldest written constitution in


the world it was adapted/ratified on 21st June 1788 and enforced on
March 07, 1789. James Madison is considered as the primary author of
US Constitution. It consists of seven articles. Salient features of the
Constitution can be listed as follows:
(1) . Written Constitution: American constitution is the oldest,
briefest written constitution in the world. It consists of a
Preamble and 7 articles running into four thousand words with
10 to 12 pages. It has also unwritten elements like convention
Statues Of The Congress judicial decisions and executive decrease
also enlarged the constitution.
(2) . A Rigid Constitution: It is the most rigid constitution in the
world. Since it is the federation the amending procedure is very
difficult. Article 5 of the Constitution deals with the procedure of
amending the constitution. The process of amending the
Constitution requires the participation of both the federal and
state governments.
(3) . Popular Sovereignty: in American constitution people are the
source of All Powers when a government fails its duty people can
remove that government. It means the right of the people to
control the government the principle of popular sovereignty is
stated in the Preamble of constitution as we the people of
America do ordain and establish this constitution for United
States of America.
(4) . Limited Government: There are specific limits on the powers of
the government. Limited governments are necessary for
safeguarding the rights of the citizens from autocratic rule of the
government. The constitution granted Limited powers to the
national government and left to the remaining powers to the
state. Even the state governments are not unlimited powers,
their powers are only remaining.
(5) . Separation of Powers: American constitution of abides by the
principle of separation of powers and their for, executive,
Judiciary and legislature are quite independent of one another in
all powers. Legislature does the work of legislation, president is
the head of Executive and enforces the laws made by legislature,
Judiciary is independent in all of his actions. For example
president is elected independently of the Congress and President
can not dissolve the Congress and the judges cannot be removed
by the president.
(6) . Presidential form of government: US Constitution provides
presidential form of Government. There is only one executive
-the president. The president is neither elected by the Congress
nor responsible to it. President Secretariat or cabinet do not
belongs to the Congress. President is the head of the nation and
all executive powers are vested in his name he enjoy a fixed
tenure of 4 years.
(7) . Federal system of Government: It is the first constitution which
adopted a federal system of government. It is a system of
government that divides power between a central government
having authority over the entire country and as a series of local
governments collectively covering the entire territory. Both the
governments drive their power straight from the constitution. It
is the most perfect of the Federal constitution.
(8) . Bicameral legislature: The constitution provides for a bicameral
legislature. The US legislature is constituted for two houses. The
lower house is known as the house of representatives and the
Upper house is the senate. The lower house represents the
American people while the Senate is representing the federal
units namely the states. The Senate is strongest 2nd chamber in
the world.
(9) . A Democratic Government: A democratic system of government
has been adopted in America. Congress is a representative body
of the American people. President is also elected by the people.
The real power invested with the people. It establishes a
republican state where the head of the state is elected by the
people.
(10).Bill of Rights: The original constitution did not contain a bill of
rights. It is the first 10 amendments to the constitution. It guarantees
civil rights and liberties to the individual like freedom of speech,
press, and religion etc. These rights and liberties are not absolute, it
can be modified only with an amendment to the constitution, and
these rights are enforceable in the courts of law.
(11). Supremacy of the Constitution: Constitution is the supreme law
of the country. Judges are the guardians of the constitution. Through
the Judicial review the supreme court safeguards the Constitution
and its supermacy. In UK the parliament is a Supreme whereas in the
US the constitution is supreme.
(12). Checks and Balances: The idea of checks and balances are
provided so as to promote unity and equilibrium and its functions.
No branch of the government is allowed to act autocratically. No
brands of the government can abuse powers and despotically
beyond certain-limits so power must be checked by power.
(13). Judicial review: It is the Guardian of the constitution and finally
arbiter of the constitutional dispute. It uphold the supermacy of the
Constitution. lt has power to declare any act of the legislature or
executive orders as invalid. If it finds contrary to the spirit of the
Constitution. It shows that no any Law can be made against the
constitution and fundamental rights of masses of the USA while
these essential Rights lakes in British constitution.
(14). Dual citizenship: The concept of dual citizenship was not
defined in the original constitution.The 14th amendment, clearly
provided for double citizenship. Citizenship of the USA and the
citizenship of respective state in which resides are the double
citizenship an individual enjoys in USA.
(15). A secular state: It establishes a secular state best and equality
of all religions. It grants religious freedom to its citizens. State makes
no discrimination among its citizens on the grounds of religion. There
is no state religion of USA.
(16). Rule of law: There is rule of law in America. President and
common people are equal in the eye of law . In the water gate
scandal of 1974, when the president told about his specific status
before the Attorney General of Supreme court, the court asked the
President Richard Nixon to complement the supreme court. This
shows the rule of law in America.
Conclusion: The US Constitution is greatly influenced by its historical
factors and forces. It is the most original one among are the written
constitution of the world.

You might also like