American Constitution

Salient Features
Written &Enacted
Written in 1787, ratified in 1788, and in operation since 1789

Very Brief

A preamble ,seven articles and amendments

Reason:It lays down only the fundamental principles and states have separate constitutions.

Room for Development

Supreme court was created by the original constitution of 1789 but rest of the entire federal
judiciary owes its existence to the laws passed by the congress.Thus American constitution
today consists of

Original Document of 1789 Judicial Decisions

Constitutional laws passed by Congress Constitutional Conventions

27 Formal amendments

Rigid

Out of 11000 proposed amendments only 27 could have been approved last in 1992.

Two ways of amendment

Normal Procedure:Congress gets proposal for amendment by 2/3 majority of both houses
ratified by 3/4 majority of state legislature

Proposal for amendment comes from a constitutional convention called by congress upon
the application of 2/3 state legislatures

Federal Structure

Federalism is a device by which independent states form a Union without losing their
identity.Undefined and residuary powers have been entrusted to states and centre can not
meddle into their affairs.

Separation of Powers

The framers gave presidential system to safeguard the liberty of the people.The president
enjoys executive authority while he is not responsible to the legislature.congress enjoys
legislative and supreme court judicial powers.Unlike Britain or Pakistan ,cabinet must not be
the members of congress.

Presidential Form of Government(Sectar 12)

Section 1,Article 2

All executive authority belongs to the president and tenure of his office would be four years.

Balance of Power/Checks and Balances

The framers know that govt divided into watertight compartments could not function
smoothly.Senate shares the powers of the president of making treaties and appointments.

President is not part of legislature again he influences legislation through acts like
suspensive veto.

Guarantee of Individual Liberty

Freedom of speech,press,property,religious worship,etc are among the basic rights

guaranteed to the Americans.The American system of including fundamental rights is quite
different from British who depend on common laws and parliamentary statutes for the
protection of their rights.

Sovereignty of the People

The preamble starts with the words

We,the people of the United States.This shows that the ultimate seat of authority in the USA
are the Americans.

Supremacy of the Judiciary

The SC is the final authority.

Judicial Review an important feature o f the American Constitution.Unlike England,the laws

passed by Congress and state legislature are subject to judicial review.

Bill of Rights

First ten amendments made in 1791,are called Bill of Rights

Amendment I (1791)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or

abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition

the Government for a redress of grievances.

Amendment II (1791)

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear
Arms, shall not be infringed.

Amendment III (1791)

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of

war, but in a manner to be prescribed by law.

Amendment IV (1791)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable

searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported

by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be

seized.

Amendment V (1791)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or

indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual

service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in

jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be

deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use,

without just compensation.

Amendment VI (1791)

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of

the State and district wherein the crime shall have been committed, which district shall have been previously

ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the

witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the

Assistance of Counsel for his defence.

Amendment VII (1791)

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall

be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than

according to the rules of the common law.

Amendment VIII (1791)

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX (1791)

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained

by the people.

Amendment X (1791)

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved

to the States respectively, or to the people.

Relation Between centre and Federating States:

Federalism to Dicey

``It is a political contrivance intended to reconcile national unity with the maintenance of
state rights``

It reconciles central control with regional autonomy .

A true federation posses the following features:

I. Division of powers between centre and the regions or units

II. Constitution is regarded as supreme law of land
Necessary written and rigid (to protect states usurpation)
III. Supreme Court as the guardian of constitution

America satisfies all three conditions

18 enumerated powers are under central control

Restrictions on both states and centre

For centre:Meddling with other religions

For States:Alliance with foreign powers

Residuary powers (not enumerated in the constitution )

Belong to states:

10th Amendment

``The powers not delegated to the centre by the constitution are reserved to the states.``

Tendency Towards Centralism

Following factors have contributed to the increase in the powers of the centre at the
expense of the states

IV. The inclination of the sc and chief justice

JOHN Marshall,during early decades of the 19th century to favour centre
V. The military triumph of the centre under president Lincoln in civil war(1861-65)
VI. Sixteenth Amendment(1913)
Gave congress power to collect income –tax for the first time
VII. The rise of the country to its present international position has tended to empower
central govt
VIII. Growth of Political parties on National lines and focus on national issues
IX. Growth of national press
 X. Doctrine of Implied Powers Liberal Interpretation of some clauses in favour of centre

Checks and Balances

The constitution is supposed to be based on complete separation of powers.

In actual Practice there is no rigid SOP.The fathers of American const. realized that no political
machinery can work and interdependence of organs is desirable and indispensable.So,they
introduced a doctrine of checks and balances.
Constitution states

Section 1,Article 2

``All executive authority belongs to the president of USA``

But he can not exercise this authority individually.The senate is authorized to share
presidents power to make treaties and appointments.

The president is not allowed to declare war which is an executive act.Congress alone can do
it.President can influence Legislative by Super veto

Bicameralism

Each house acting as check on other.

The US President
According to Herbert Hoover

``The presidency is more than executive responsibility.It is the inspiring symbol of all that is
highest in America`s purpose and ideals.``

American Govt is of Republican Type

This implies that The Head of state is president

Section 1,Article 2

All the executive authority belongs to the president of United States of America and the
tenure of his office would be 4 years.

Qualification

Age at least 35 years

US citizen by Birth

Residing since last 14 years in America

Term of Office
22nd amendment (1951)

Not more than twice

Earlier no Limit in original constitution .Roosevelt was elected for 3 rd & 4th term

Election:

Each Leap year,Nov .

Tuesday following first Monday

Indirectly by an electoral college

Electoral College
First people of each state elect presidential electors equal to the number of the
representatives the state has in Congress (Upper +Lower House)

Each party selects as many representatives/candidates as there are congress legislatures in

that state.The party either wins or loses all votes from a state.

After the elections of the electoral college in Nov,the electors meet on fixed dates and vote
for the president and vice president

All votes are sealed and sent to capital.

Counting and Reconsideration

The president of Senate counts the votes in presence of members of both houses of
congress .To win a candidate must obtain at least 200/400 electoral votes or absolute
majority of 400.

In case of No clear majority of President

Members of house of Representatives choose from among the top 3 but here each state
casts only one vote as a whole

In case of No clear majority of vice President

In case of No clear majority of President

Only senators elect from the two top candidates.senators vote as individuals.At least two
third (67) of all must be present and a majority of whole senators (51)is necessary .

Powers of President

Executive Powers

Chief Executive
Power of Appointment

Controls Foreign Relation

Commander in Chief of Armed Forces

Power of Termination

Legislative Powers

Message to Congress

Suspensive Veto

Absolute veto

Pocket Veto

Majority of Congress

Public Opinion

Extraordinary Session

Ordinances

Patronages

Personal Conferences

Financial Powers

In theory congress controls public purse in practice the budget is prepared under his
guidance and supervision

Judicial Powers

Power of Pardon and Reprieve

Appoints Judges of SC

With consent of senate

The cabinet in the united states is characterised as the presidents family

The president of US enjoys at least the status of a king and more or less a prime
minister.Prof.Laski

American Congress
 Bi-cameral
Upper House –Senate

Created to protect the interest of small states and to check the radical tendencies of lower
chamber

Composition and Election

Equal Representation-100

2 from each state

Directly Elected after 17th amendment in 1913

Term: 6 years,1/3 retire after every two years

Qualification

Age:30 years citizen of US,at least 9 years

Head of Senate:Vice president

President pro Tempore

Committee System: 15 committees

Finance ,Foreign Affairs,Judiciary,International Trade,etc

Senate performs its duties mostly through committees

Debates

Small size ,Effective Discussion,NO Limitation

When a senator takes floor nobody but Almighty God can interpret him.

Quote Laski,

Discussion in House is formal and static discussion in senate is living and dynamic

Powers and Functions

Legislative Powers

Has same powers of legislation as HOR,Except money bills must originate in the lower
chamber

But it has powers to amend the money bills

Senate is more powerful than the HOR and is perhaps the strongest second chamber in the
world.S.D.Wilson

Right of Amendment

Executive Powers

Approval of Federal appointments made by president

Approval of Treaties

Foreign Policy

Vice-president is head of senate

Re-Election of Vice-president

Declaration of War

Judicial Functions

Works as a court if any case of corruption is against Federal Judges,president or vice

president

Dr.Ericson

The Senate of the USA is the most powerful second chamber in the world

Lower HOUse

House of Representative

Represents Whole Nation

Composition and Qualification

Each state has at least one seat (Population based)

Congressmen its members are directly elected for 2 years

Candidates Qualification

Age :25 Citizen :7 years

Resident of State from which election is sought

Speaker:Unlike the British speaker ,he is a party man and favours member of his party.

Powers and Functions

Legislative

Co-equal powers with the senate ,except money bills,which can be only introduced in this
house.

Executive

Shares with senate power to Declare War

To prefer impeachment against president ,v.president and high civil officials

Power to Elect president

In case of tie among top 3