Features of US Constitution

“A government of our own is our natural right: And when a man seriously reflects on the

precariousness of human affairs, he will become convinced, that it is infinitely wiser and

safer, to form a constitution of our own in a cool deliberate manner, while we have it in our

power, than to trust such an interesting event to time and chance.”

–Thomas Paine

Introduction:

The American constitution is the supreme law, the constitution's first 3 words; “we the

people” affirms that the government of the U.S exists to serve its citizens. Every constitution

has it own features or characteristics, basic features of the United States constitution are

given below:

1. Written Constitution

Like many other constitution worldwide, the United States constitution is drafted in

written form. It is a concise document and it holds the distinction of being the oldest

functioning written and codified national constitution. It is brief document which

consist of 7 Articles and 27 amendments.1

2. Rigid Constitution

This signifies that the process of amending the constitution is highly challenging. It

can be amended by a very lengthy process. Because of the complicated procedure of

amendment sometimes where it takes years before amendments become effective

after their initial proposal. This is apparent from the fact that, to date, only twenty-

1
Constitution of united states of America , by manzoor law book house. Page 36
 seven amendments have been successfully enacted. Each amendment requires

ratification by three-fourths of the states.2

3. Federalism

The American constitution is federal in character. A constitutional division of powers

has been made between the centre and the federating units. It was originally a

federation of 13 states but due to admission of new states, It is now federation of 50

states. Each state has its own government and a central government for the whole

country. It has all the features of federal government, central government or national

government is more powerful than states. All legislative, executive and judicial

powers are granted to the central government by the constitution.

4. Check and Balances

US constitution has system of checks and balances for the co-ordination among three

organs of the Government. Check and balances refer to a constitutional system of

limiting the political and legal power of the three organs of the state by giving some

limited powers to control over each other. For example, while the President can veto

legislation passed by Congress, Congress can override the veto with a two-thirds

majority. The judiciary can review the constitutionality of both executive and

legislative actions. In this way the three organs are inter checked. The most

fundamental of check and balances is the separation of power.3

5. Separation of powers

The US constitution is based on the doctrine of separation of powers. The doctrine

means three branches of government i.e. legislative, executive and judiciary should be

separate from each other.

2
Ibid.
3
Constitution of united states of America , by manzoor law book house. Page 38
  Legislative Branch (Article I): The Legislative Branch is the branch of the

United States government responsible for making laws. It is outlined in Article

I of constitution and is comprised of two chambers: the House of

Representatives and the Senate. The House of Representatives is made up of

435 elected members, while the Senate is made up of 100 elected members.

The Legislative Branch has the power to override presidential vetoes, declare

war, approve budgets, regulate commerce, and can impeach and remove the

President of the United States from office. 4

 Executive Branch (Article II): The Executive Branch is the branch of the

United States government responsible for executing and enforcing the laws. It

is outlined in Article II of the constitution President of the United States is

head of the state. The Executive Branch includes the Vice President, the

Cabinet, and various departments and agencies. The President is elected to a

four-year term and is responsible for appointing judges, ambassadors, and

other officials, as well as vetoing or signing bills passed by Congress. Overall,

the Executive Branch is responsible for managing day-to-day operations of the

federal government and ensuring that the laws and policies of the United

States are carried out effectively and efficiently.

 Judicial Branch (Article III): The Judicial Branch is one of the three

branches of the United States government, as outlined in Article III of the

constitution. It is responsible for interpreting and applying the laws of the

country. The primary function of the Judicial Branch is to ensure that laws are

constitutional and to resolve disputes that arise under the law. The Supreme

Court is the highest court in the land and has the final authority on matters of

4
Ibid. page 40
 federal law and constitution. The role of the Judicial Branch is crucial in

ensuring the separation of powers and upholding the rule of law.5

6. Bill of Rights

The constitution guarantees fundamental rights of person, property and liberty. These

rights were not part of the original draft of constitution; these were added by

amendments which were incorporated later in Bill of Rights. These rights cannot be

modified or suspended except by constitutional amendment. Freedom of speech,

worship etc. is provided to every citizen.

7. Judicial Review

The Supreme Court has the power of judicial review of legislative enactments and

executive action. If any legislation or executive action is found inconsistent with the

provisions of constitution it can be declared null and void by the judiciary. The

judiciary thus acts as the guardian and custodian of the constitution and fundamental

rights of the citizen. The judiciary has the power to reject the bills passed by congress

and treaties concluded by the president if it is against the constitution. Judicial review,

established through Marbury v. Madison (1803), grants federal courts, particularly the

U.S. Supreme Court, the power to review the constitutionality of laws and

government actions.6

8. Presidential form of Government:

The constitution provides presidential form of government in U.S.A. All executive

powers are vested in president. The president is not constitutionally responsible to

Congress in the manner in which executive is responsible to legislature in England.

The Congress cannot remove him during the term of his office which is fixed for four

5
J.W Peltason, “Understanding the Constitution”, 1988
6
J.W Peltason, “Understanding the Constitution”, 1988
 years. President being head of the state, represent the state at national and

international level.7

9. Republicanism

U.S is republic state unlike U.K with where monarch is head of the state in U.S the

president is elected as head of the state. The constitution derives its authority from the

people; moreover the constitution makes it binding upon every state to have the

republican from of government.

10. Division of Powers

The constitution defines a clear division of powers between the federal government

and the state governments. Federal powers are outlined in Article I, Section 8, while

the tenth amendment reserves all other powers to the states or the people. The

constitution specifies power of the federal government and leaves rest for states.

Federalism allows for shared responsibilities, with both federal and state governments

having their owns.8

11. Dual Citizenship

The constitution provides for dual citizenship for the people of the US, where

individuals are citizens of both the United States and the state in which they reside. It
9
is contrast system with the single citizenship as it is in Pakistan.

12. Popular Sovereignty

The American constitution is based on popular sovereignty. Preamble mentions that

people are the real and ultimate source of all power. It is through free and fair

elections people exercises those powers and choose their representatives.10

13. Bicameral Legislation

7
Imran ehsan khan neyazee, “constitutional law British & U.S Constitution”, federal law house
8
Ibid.
9
Constitution of united states of America , by manzoor law book house
10
J.W Peltason, “Understanding the Constitution”, 1988
 Like U.K, United States has bicameral legislation it has two houses one is called

lower house which termed as Representative and the second house is upper house

which is termed as Senate. Like other countries upper house is more powerful than the

lower. The tenure of the upper house is for six year and the lower house tenure is for

two years.

14. Supremacy of Constitution

According to Article 6 of the American constitution, “The constitution shall be the

supreme law of the land“. The constitution is supreme law of the land. No law can

violate provisions of the constitution. The government derive it’s authority from the

constitution. If a law violates any provision of the constitution it can be declared

unconstitutional by the Supreme Court.11

15. Elastic Clause

Article I, Section 8, Clause 18, known as the Elastic Clause or Necessary and Proper

Clause, which provides Congress with the authority to pass laws that are necessary

and proper for carrying out its enumerated powers. This clause allows for the

adaptation of federal laws to changing circumstances and emerging challenges. 12

16. Limited Government

The constitution grants specific, enumerated powers to the federal government in

Article I, Section 8, these include the power to regulate commerce and provide for the

common defense. All other powers are reserved to the states or the people, as stated.

This principle limits the scope of federal authority.

17. Amendment procedure

11
Imran ehsan khan neyazee, “constitutional law British & U.S Constitution”, federal law house.
12
J.W Peltason, “Understanding the Constitution”, 1988
 The constitution can be amended through a deliberate process outlined in Article V.

Amendments have been crucial in adapting the constitution to social changes and

addressing significant issues. Amendments can be made by 2/3 majority of both

houses of Congress or with assent of ¾ of the states. Congress has power to choose

whether proposed amendment should be submitted through legislative or by state

ratification.13

Conclusion

These features of the U.S. constitution have been fundamental in shaping the American

system of government and its principles of democracy and individual rights.

13
Constitution of united states of America , by Manzoor law book house