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USA HISTORY

3rd LECTURE NOTES

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“CONSTITUTION OF THE USA – SILENT FEATURES”

IN THIS LECTURE WE COVERED FOLOWWOING TOPICS FROM

CSS SYLLABUS

1. CONSTITUTION OF USA: SILENT FEATURES.

2. THE USA CONGRESS: ROLE AND FUNCTIONS.
3. SEPERATON OF POWERS: CHECK AND BALANCE.

QUESTIONS IN PAST PAPERS ACCORDING TO SYLLABUS

Q1: COMPARE LOCKEAN PHILOSOPHY WITH THE AMERICAN POLITICAL

THOUGHT (2017).

Q2: WRITE THE CRITICAL NOTE ON FORMATION AND STRUCTURE OF

THE USA CONSTITUTION. (2017)

Q3: AMONGS THE CONGRESS, THE EXECUTIVE AND THE JUDICIARY

BRANCHES OF THE UNITED STATES OF GOVERNMENT, WHICH ONE OF
THE GOVERNMENT BRANCHES IS MUCH POWERFUL AND WHY?
ELOBRATE THROUGH THE PRISM OF THE USA SEPERATION POWERS
AND CHECK AND BALANCE SYSTEMS. (2020)
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What is Constitution?
A constitution is an aggregate of fundamental principles or
established precedents that constitute the legal basis of
a polity, organization or other type of entity, and commonly determine
how that entity is to be governed.
LOCKEAN PHILISOPHY
 JOHN LOCKE:
John Locke (1632–1704) is among the most influential political
philosophers of the modern period. In the “Two Treatises of
Government”, he defended the claim that men are by nature free
and equal against claims that God had made all people naturally
subject to a monarch. He argued that people have rights, such as
the right to life, liberty, and property that have a foundation
independent of the laws of any particular society.
 MONTESQUEAU:
Power of government not under only in king hand, all powers
divided into three categories,
1. Legislature.
2. Executive.
3. Judicial.
 ROSUSSEAU:
It is an agreement (Social Contract) between Ruling (Government)
and Ruled (People). If Ruling cannot facilitate to ruled, ruled have
authority to remove ruling person from government and choose
new one for them those facilitate to ruled.
TYPES OF GOVERNMENT HOUSES
There are two types of Government Houses.
1. Bicameral.
2. Unicameral.
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1. BICAMERAL HOUSE:
Bicameral House is a type of houses in government,
bicameral house mostly used in worldwide government,
Bicameral House have more two types.
I. Upper House.
II. Lower House.
In all countries Upper House and Lower House have different
name, some countries Upper and Lower Houses names are
shown in below.

PAKISTAN INDIA

UPPER LOWER UPPER LOWER

HOUSE HOUSE HOUSE HOUSE

SENATE UPPER LOR SABHA RAJ SANHA

HOUSE
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UNITED KINGDOM USA

UPPER LOWER UPPER LOWER

HOUSE HOUSE HOUSE HOUSE

HOUSE OF HOUSE OF SENATE H.O.REPRES

LORDS COMMONS ENTATIVE
 In Lower House (LH) Seats divided as per population.
 In Upper House (UH) Seats divided as per equality.
2. UNICAMERAL:
Unicameral house is also known as united house, in this
house no any sub house, only in china follow unicameral
house.
TYPES OF MAIN GOVERNMENT OFFICES
There are three types of main government offices,
I. Legislature.
II. Executive.
III. Judiciary.
a) LEGISLATURE:
The work of legislature is to making law for country.
Parliamentarians known as legislature and legislature combination
of opposition and governors.
b) EXECUTIVE:
The work of Executive is to implementation o laws. Prime Minister
and President known as Executive.

c) JUDICIARY:
The work of Judiciary is, to interpretation of laws.
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WHAT IS CABINET IN GOVERNMENT?
Cabinet is define as, “work manageable team select from Lower House
of parliament by Executive of parliament to manage all work is known
as Cabinet. The Executive with Parliament Lower House team known as
Cabinet and this Cabinet known as Government.
TYPES OF FORM OF GOVERNMENT
There are two types of Government,
I. Parliamentary form of Government.
II. Presidential form of Government.
 PARLIAMENTARY FORM OF GOVERNMENT:
The Cabinet or Government select from legislature, this type of
government known as Parliamentary Government. In any case, the
government will be accountable to the legislature.
 PRESIDENTAL FORM OF GOVERNMENT:
In presidential form of government, government cannot select from
legislature, its select through proper Presidential election. Presidential
form of government not a part of legislature. In presidential government
cabinet select from anywhere, in this form of government cabinet
known as kitchen cabinet because cabinet select from experts as per
own perception.
TYPES OF GOVERNMENT
There are two types of government,
I. Federation Government.
II. Confederation Government.
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 FEDERATION GOVERNMENT:
Federation government is also known as central government.
The government which have hold on all over country is known
as central government or Federation government.
 CONFEDERATION GOVERNMENT:
Confederation government is also known as province
government or State government. The government work
under central government known as provisional or state
government. In which are provisional or State government
strong those government known as Confederation
Government. In UAE confederation government strong as
compare to federation government.

ARTICLES OF CONFEDERATION – (1781)

After 2nd Continental Conference in 1776, they have two

responsibilities war and foreign policy and they have no any
legislature, executive or jury. After war in 1781 they won war
but they scared from central government of UK because they
thinking if they authorized again central government, the
government charge taxes on them. Due to this first
government of USA is confederation. Only legislature in this
government, this is known as the first constitution of USA
passed in 1781.

 PROBLEMS OF THE ARTICLES OF CONFEDERATION – 1781:

 PROBLEMTATIC LEGISLATURE:
Articles of Confederation had one official department known as
legislature, they had no any executive of jury in this constitution.
This legislature had all rights to accept or deny bills. In this
legislature had big issue to passing bills, according to this legislature
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simple bill passed with 2/3rd majority (66 out of 100) and
Constitution bills had Absolute majority (100 out of 100) those
impossible for passed any bill. According to this law of 12 colonies
accept amendments in constitution law and only 1 colony not
accept it, due to ruled of only minority on majority bill cannot
passed and this is the big technical issue of Articles of
Confederation 1781.
 UNAUTHORIZED EXECTIVE:
In articles of confederation 1781, all power in hands of state
government and no any authority in the hand of central
government. Due to this executive had unauthorized, they have no
authority to pass any bill. This is the second technical failure of
Articles of Confederation 1781.
 NO JUDICIARY:
In Articles of Confederation – 1781, they had no any judiciary, if any
one constitution Breach or do any law violence, they have no any
authorized person to punishment of them. This is also main failure
of Articles of Confederation – 1781.
 CENTRAL TAXATAION SYSTEM:
As we k ow that, funds is most important for any country or state.
In USA no any Central Taxation System to generate or collect
revenue or taxes. When they need they ask to state and states
cannot provide proper funds to central legislature. This is also main
reason of failure of Articles of Confederation – 1781.
 NO ENFORCIEMENT AUTHORITY:
In this era, farmers of USA borrow loan from merchants. The framer
Shay had borrow loan from merchant but cannot return back to
merchants. Due to this Shay do rebellion known as shay’s Rebellion
at Massachusetts. in central had no any force to fought with them,
due to this Militia of state Massachusetts fought against Shay’s
Rebellion and destroy with the power of force. After this rebellion
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all states scared that how we handle other rebellion if anyone can
do in their states.
 CENTRE HAS NO COMMERCIAL AUTHORITY:
Centre has no authority or control on any type of trade:
I. Inter State Trade.
II. Foreign Trade.
for inter trade or foreign trade they had no any single policy,
because all states has sovereign and each states has own
mechanism, during interstate trade some states charges maximum
duties on trade and some states have minimum duties on trade and
this is a big issue because due to this interstate trade competition
start and due to this no any foreign policy developed or implement,
due to this no any foreign trade execute and they has financially
weak. Due to financial issues foreigners (France, Britain, Spain and
North Africa) give them tough time. They are liked “Fish in troubled
water”.

PHILADELPHIA CONVENTION – 1787

After Articles of Confederation – 1781, they had faced many
problems and due to this all problems they scared about their
existence, due to this they called convention known as
“Philadelphia Convention” in 1787. The cause of this convention to
amendments in “Articles of Confederation”. When they see the
articles of confederation they decide we cannot run our
government according to articles of confederation and we need
new constitution.
According to Washington:
“Articles of Confederation look like a rope of sand”
After this situation they decide they were make a new constitution
and for this purpose they make a panel for new constitution and
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Washington were had of this panel was led by James Madison from
Virginia.
When they decide to make a new constitution, states were divided
into two groups Small States Group and Large States Group. Both
want constitution were signed as per their recommendations. Both
give their own planes names are shown in below.

I. Virginia Plane (from Large States) by “Edmund Randolph”

II. New Jersey Plan (from small states) by “William Peterson”
 VIRGINIA PLAN:
a) Virginia plan was given by large population states group by Edmund
Randolph.
b) According to their population they want popular sovereignty
representation.
c) They want Central Government because they were in large
population so that’s why they want to make a central government.
d) They want “bicameral” government because they know they had
large population due to this they want to lead in both Upper House
and Lower House.
e) They want Central Government so they want to make a federation
government and only one power deal all states with one policy.
f) They want to share of vote on the basis of slave population.
 NEW JERSEY PLAN:
a) New Jersey plan was given by small population states group by
William Peterson.
b) According to their small population they want to equal sovereignty
representation.
c) They want strong state government because they no they were not
large population due to this they not execute in central
government.
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d) They want “unicameral” government because they know they had
small population and they won any seat in upper and lower house
against large population states.
e) They want Anti – Federation government because they want all
states have own power according to their population.
f) They were against slaves, they want free slaves.
GREAT COMPROMISE
After a long debate between large population state and small population
state, a man “Roger Sherman” introduce a great compromise between
them. According to compromise some points add from Virginia Plan and
some points add from New Jersey plan in new Constitution. This Great
Compromise in USA history known as “CONNECTICUT COMPROMISE”.
IMPORTANT POINTS OF CONNECTICUT COMPROMISE:
i. In this compromise they were decide, bicameral government has
worked in USA.
ii. In bicameral houses, both (Virginia house and New Jersey house)
has equality rights. New Jersey group takes charge in Upper House
as per equality and Virginia group takes charge in lower house as
per population.
iii. Slaves vote count 3/5th on the time of elections. If 5 slaves votes
they consider 3, if 10 slave votes they consider 6 votes etc.
iv. They were decided that the authorities of president not stronger
then central or not weaker then state. Authorities of president in
middle ways are as follow:
a) President stronger than State.
b) Commander of Chief also a chief president.
c) They had veto power.
v. They create a central taxation system those working under Central
Government.
vi. They transfer trade policy from state to central government.
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After all of this points finalized, they decide this constitution 1787
implement after confirmation of at least 9 out of 13 colonies. After 9
colonies approval we were enforced. Smaller states cannot sign because
they want to all judicial rights in states.
They were promised to smaller states, they were agreed with all above
points and signed it, in future we will introduce 10 amendments and add
your points. This first 10 amendments known as “BILL OF RIGHTS”.
On this above points all colonies was agreed and first proper constitution
of USA known as “THE USE CONSTITUTUION” in 1788 was implement.
According to this constitution elections held in America and first
president “George Washington” takes charge in 1789 of USA.
“BILL OF RIGHTS”
(FIRST 10 AMENDMENTS OF USA CONSTITUTION)
1. 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 grievance.
2. 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.
3. 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.
4. 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.
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5. 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 offense 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.
6. 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 defense.
7. 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 reexamined in any court of the United States
than according to the rules of the common law.
8. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted.
9. The enumeration in the Constitution of certain rights shall not
be construed to deny or disparage others retained by the
people.
10. 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.
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SILENT FEATURES OF THE USA CONSTITUTION 1788
1. The USA Constitution 1788, it was a first written constitution.
2. This is a brief smallest constitution with 7 articles and in this 7
articles 27 amendments.
3. They have 3 articles about separation of power,
 Article of Executive.
 Article of Legislature.
 Article of judiciary.
4. President select as per this constitution, according to constitution
the government of USA based on presidential government.
5. This constitution execute Federation government in USA.
6. In this constitution its mention government of the people select
by the people, so its means this constitution is republic and this is
the first time republic government introduce in world.
7. According to law constitution is the supremacy of USA.
8. System of check and balance first time introduce in the USA
Constitution 1789.
As we know that, they has 3 main institution to run government
are Executive, legislature and Judiciary.
 The path of institution distribute like that, each institution
have checked to another institution.
 Between all institutions proper workable balance create.
 Each institution proper balance to watch cannot exceed from
their power.
 Check and balance on over power of all institution, because
if any institution exceed from their power its hit on
democracy directly.
HOW CHECK AND BALANCE WORK:
As we know that, for simple bill pass we need 51% out of 100
and it’s hard to gain this majority. 2/3rd majority is more
difficult from simple majority.
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 In check and balance implement on between three main
institutions Legislature, Executive and Judiciary.
 If legislature required to pass any bill, they transfer this bill to
executive (president). Now its depend on executive they do three
steps on it:
a) Passed a bill.
b) Veto (reject) a bill.
c) Pocket Vito (No reject or no passed).
“This is check and balance on legislature by executive”
 If legislature authorized to pass or deny any bill, it considered as
legislature worked over power and it’s harmful for democracy.
 If Executive veto all bills, now here executive over power and it’s
harmful for democracy.
 First time legislature bill forward to executive for acceptance
purpose with simple majority (51% out of 100%). If Executive
(president) veto bill and through back to legislature and legislature
again passed it with 2/3rd majority (almost impossible) then this bill
passed n legislature and it’s not required any executive approval.
The qualified veto of executive convert into null veto. This is a check
of legislature on Executive.
 If any bill passed in legislature with 2/3rd Majority (almost
impossible) so this bill cannot need to forward executive for
approval, it’s already passed in legislature with 2/3rd majority.
 If legislature passed a bill with simple majority and forward to
executive (president) and executive cannot passed or veto a bill,
this known as Pocket Veto and if pocket veto exceed from 10 days
so it’s means this bill null and it cannot exceed more for approval.
This is a check of executive on legislature.
 If executive pass any executive order to legislature, legislature have
no authorized to deny any executive order and this is a check on
legislature by executive.
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 If judiciary feel that the executive orders is unconstitutional, then
judiciary deny all executives orders given to legislature with judicial
reviewed and with this judicial review, judiciary convert all
executive orders to judicial veto and this is check of judiciary on
executive.
 Executive have authority of Federal Appointment, it means
executive have authorized to appoint people in different federal
posts those they want, but executive only nominees that people
those want to appoint in desired posts and nominees approved by
legislature Upper House Known as Senate, if legislature Upper
House (Senate) cannot approved executive nominees, executive
cannot do anything and provide new nominees to legislature Upper
House (senate). It means this is a check of legislature on executive.
 Judiciary appointments also nominee by executive and approved
by legislature upper house (senate). It means, Executive and
legislature both check on judiciary.
 Executive is also known as chief diplomatic means executive
making foreign policy, but when executive want to do any
international treaty, they must to need approval required from
legislature Upper House Senate. This is a legislature check on
executive.
 War starting decision cannot taken by executive, it’s can be decided
by legislature war can be need or not. When war starts, ending
decision of war taken by executive.
 Legislature have authority to remove executive from presidential
post through impeachment process.
 Impeachment process lead by Legislature Lower House (Congress),
if legislature passed as impeachment process with simple majority
then we charged on executive as an impeached executive.
Examples of impeached executive are:
 Trump is also impeached from congress.
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 Nixon had impeached by congress due to water gate scandal.
 Bill Clinton had impeached by congress in sex scandal with
Monica Losar.
 When congress impeached any executive, then judiciary decide the
executive is convict or acquit and the senate play a role of chief
court during impeachment.
 If senate want to convict any executive (President) after
impeached, then they must need 2/3rd majority (66 votes) against
executive, it means if executive from republican party and it was
impeached from senate and they want to convict it, then they
republican also vote with democratic against their president to
complete 2/3rd majority. Due to this in history of USA impeached
president were not convict, they all acquit by senate but they know
as impeached president.

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