CONSTITUTION OF

UNITED STATES OF AMERICA

 HISTORICAL DEVELOPMENT
o US Constitution molded by exigencies of time by 13 colonies, led to the evolution
of federation.
o Colonies situated on Atlantic side, peopled by English Settlers were of three
types.
 Crown colonies:
 Ruled by governor appointed by King assisted by Council.
 Proprietary colonies:
 Under individuals having right to exercise power.
 Charter Colonies:
 Power of govt. conferred directly upon free men of colony.
o Colonies were having a variety of Govt. – alike in their love of civil liberty and
adherence to institution of free govt.
o In early 18th century, colonies acquired self-govt.
 HISTORICAL DEVELOPMENT

o Colonies assemblies were elected by people and they managed

local trade, Army, defense, war, peace, etc.
 Undue influence of Motherland upon colonies bred conflicts – resistance.
 Conflicts over rights resulted in enmity between colonies and imperial power.
o Declaration of independence
 In the wake of 7 years’ war and attenuation of French and Spanish power,
colonies began to prepare for war.
 Congress of representatives of states was called at Philadelphia 1775.
 Appointed George Washington as Commander in Chief of Army.
 French promised aid – 13 colonies declared war against England.
 On July 4, 1776 colonies published declaration of independence to be free
and independent state.
 HISTORICAL DEVELOPMENT

o Establishment of confederation
 On July 11, 1776, committee approved draft of articles of confederation,
approved by congress of states on Nov 5, 1777 named as Article of
confederation under: Art: 1, Art: 2 – states retained their sovereignty,
freedom, independence, powers, rights, etc.

o The Philadelphia Convention 1787:

 After war of independence the interstate bickering started Maryland and
Virginia quarreled over navigation of river Potomac.
 To decide dispute and to consider the extension of power of confederation, the
conference was called in Sep 1786, at Annapolis only six states attended.
 HISTORICAL DEVELOPMENT
 Alexander Hamilton induced the conference to call upon congress to summon a
convention of all states to meet at Philadelphia for amending article of
confederation.
 Convention met at Philadelphia in 1787, only 55 delegates attended among 73.
 After long debate and various formulas of 16 weeks, on Sep 17, 1787, a brief
document signed by the states present ratified by convention in nine states as
agreed upon in Philadelphia convention enforced on March 4, 1789 –
constitution
 Constitution changed USA– a federation from a confederation with autonomy
of states.
 From 13 to 50 state – in March 1998, House of Representatives passed
legislation to allow Puerto Rico to vote in Plebiscite on whether it wanted to
become 51st state of USA.
 US CONSTITUTION

o Adopted at Philadelphia convention in 1787 enforced in 1789 after being ratified

by minimum required number of states.

o It is a briefest constitution in the world consisted of 7 articles, 26 amendments. A

rigid one, characterized with separation of power along with checks and balances.
 SALIENT FEATURES
o Written in character
o Supreme law of land
 Neither center, nor states and executive order-against it
o Briefest constitution
o States have own constitution
o Republican form of govt
 US President is elected
o Sovereignty of people
 De Tocqueville: “American people rule in the political world as the deity does
in the universe”
o Federal in Character
 A federation of 50 states having autonomy.
o Rigidity
 Amendment is a lengthy and cumbersome process
 Amendment can be moved in two ways – must be ratified by 3/4th of states.
o Bill of rights
 Fundamental rights are consisted of first 10 Amendments.
 SALIENT FEATURES
o Judicial review
 Social Courts and lower federation courts can declare any law or executive
order null and void as inconsistent with constitution.
 Judiciary is guardian and Custodian of constitution and fundamental rights.
 Supremacy of judiciary
o Presidential form of govt
 Term: 4 years cannot be removed except a due process.
 Executive head is not responsible to congress.
 He cannot dissolve congress
 His cabinet is called Errand boys termed as family of president or his kitchen cabinet.
o Dual citizenship
o Spoils system
o Bicameral Legislature
 House of Representatives
 2 years term, through election.
 435 members
 SALIENT FEATURES
 Senate
 6 years term
 100 members
o Theory and practice
o Conventions
 In Constitution, presidential election is indirect but has become direct
o Due process of law
 Person suspected of violating law must be delt with established law not by
arbitrary use of power.
o Simplicity of document
o Separation of powers.
o Checks and Balances
 Prof. Ogg: “No feature of American Govt. is more characteristic than
separation of power combined with precautionary checks and balances.
 DEVELOPMENT OF US CONSTITUTION

o By legislature
o Judicial decision
o Precedent
o Presidential actions
o Conventions
o Customs
o Constitutional amendments
o State and party actions
 AMENDMENTS – RIGID PROCEDURE

 Under article 5, it is complex and cumbersome process.

o Two methods
1. Amendment processed by 2/3rd majority in each house of congress then be
ratified by 3/4th of total number of states.
2. States themselves may initiate Amendment if 2/3rd of all state legislatures
apply to congress for calling a constitutional convention to propose an
amendment.
 The amendment must be qualified by 3/4th of all states through legislature
or at special convened conventions.
 Only one among 27 initiated by congress and ratified by state legislature.