Constitution of the United States

Intro
The aim was to establish a central government but also maintain independence of the states
- Federation of 50 states

Constitution
- Adopted in 1787
- Contains of 7 articles and 26 amendments
- separation of powers adopted, propounded by montesquieu
- remarkable system of checks and balances in the US administration
- Judiciary → Important → Judicial review → interprets the constitution

Salient features of the American constitution

1. Written character
- Extremely brief
- Skeleton constitution
- a starting point for legislative measures
- Unwritten Element also very important
- Eg. the president is directly elected now even though in the beginning the
Founder fathers were indirectly elected as president
2. Conventions and usages
- Only skeleton needed to be supplied by customs
- Eg it is a convention to have a maximum of two presidential terms
3. Rigidity
- probably the most rigid constitution in the world
- very difficult to amended → long process, sometimes takes years → ¾ maj in congress
- Need ⅔ majority to make or repeal
- must be ratified by three fourths of the states
- Illustration: over 200 years only 26 amendments
4. Federal character
- division of power between centre and the federating units
- Federal Centre very powerful because of the doctrine of implied powers as
propounded by the supreme court of the US
5. Supremacy of the constitution
- Supreme law
- Neither the Central not the states can override it
- any law or ordered repugnant to the constitution is automatically invalid
6. Separation of powers
- executive legislature and Judiciary are separated but also interdependent
- the legislative organ is the Congress
- Pres → executive
- directly elected → 4 years
 - cannot dissolve the Congress
- independent of each other
- Supreme Court head the federal judiciary
- complete Independence
- in practice separation of powers Limited → president controls the legislative
policy
7. checks and balances
- because of the cooperation among the three organs of the government
- powers of one organ to check on the powers of others
- for example the president can veto Congress bills, however senate can pass
with ¾ maj
- senate and President share the power of making appointments
- Senate also controls internal Administration and external policy of the president
- Congress determines organisation of Federal judiciary
- Supreme Court: power of judicial veto
- can declare Congress and executive laws/orders as Ultra vires (beyond one's
legal power or authority)
- hence three organs are interlocked
8. Fundamental rights
- not in the original draft
- included through amendments
9. Judicial review
Basics
- of legislative enactments
- Federal Judiciary can declare executive action or legislation null
- Interprets constitution and adapt to changing needs of the society
- enlarged power of the Congress
- Supremacy of the Judiciary over executive and legislature → “US is a government by
the judges”
Undemocratic
- Since SC greater power than the legislature
- Undermined the power, prestige of the Cong “super legislature”
10. popular sovereignty
- ultimate authority with the people
11. republicanism
- US is Republic and President is the head of the state
12. presidential
- All Powers vested in the president
- Not politically responsible to the Congress as in parliamentary governments
- the Congress cannot remove him but the president can also not dissolve the Congress
13. dual citizenship
14. spoil system
- new President appoints afresh all important officials of the Federal Government
 - administration of the previous president is streamlined
- “Spoils system” bc jobs “distributed” without taking into account ability experience the
talents

Amendments
process is extremely slow → 26 amendments during last 200 years
- first 10 amendments basic fundamental rights
- next 3 amendments abolished slavery and granted citizenship to former slaves
- 15th amendment remove barriers to voting on the basis of Identity 1817
- 16th: 1913 power to tax income
- 19th amendment 1920 women given the right to vote
- 22nd amendment 1951 presidential term limit to 2
- 25th amendment 1967 vice president to fill pres shoes if certain condition
- 26th: right to vote age: 18

Development of the US Constitution

- Amendments
- Laws passed by Congress for example electoral act of 1887
- judicial interpretation: supreme court as a continuous constitutional convention →
implied powers of the Congress thru the supreme court, keeping in mind changing
Times
- development of the executive powerful presidents contributed to the development of
the American constitution
- for example after Roosevelt presidential term limited to 2ters
- for example Washington created a cabinet and consulted it
- Conventions: Play a major role → the main body of the Constitution is through
customs and conventions + has changed the very spirit of the constitution
- for example according to constt indirect election of the president but now direct
- For example acc to constt the speaker of the conference should be chosen by
the Congress itself but nominee of the majority party