Name: Azam Ali, Batch:8

US CONSTITUTION

With the "Declaration of Independence", published on July 04, 1776, written by Thomas Jefferson, begins the
independent history of United States of America. On July 11, 1776, a committee under John Dickenson was
appointed which drafted the Articles of Confederation which were approved by Congress of states.
However, interstate wrangling started over a number of issues. To solve the problems and disputes, amendments
in Articles of Confederation was felt and thus a convention was arranged in Philadelphia for the purpose in which
delegates of 12 states participated (Rhode Island did not). After 16 weeks of discussion, the new constitution of
USA was unanimously signed on 17th September 1787 by delegates of states present there. The constitution
was adopted/ratified on 21st June 1788 (as nine state (New Hampshire-ninth state) convention ratified) and
enforced on March 07, 1789 (Rhode Island last state to ratify it). James Madison is considered as the primary
author of US Constitution.

Constitution Making
Leadership and the Great Compromise
While the Constitution created the workings of the government and the states, there were some problems with
representation from those states. The problem came from the fact that Congressional representation was based
on the population of each state. Small states would not get equal representation when compared to more
populated states. But, if all states had the same number of representatives, the small states would then have the
advantage.

Two plans were proposed. One was the New Jersey plan that proposed each state sent the same number of
delegates to the federal government. The second plan, the Virginia plan, encouraged each state to send
representatives based on the population of the state.

One delegate, Roger Sherman, from Connecticut, suggested that both plans be adopted so that small and large
states would be equally represented. This proposal was the beginning of the House of Representatives and the
Senate. The House contained the men who were representing the population of their respective states and the
Senate contained two men from each state. This Great Compromise was the foundation of the United States
Congress and it is still the rule of the land.

Salient features of US Constitution:

Although there are many interesting features in its constitution but the most important are:

o Preamble
o Written constitution
o Supremacy of Constitution
o Rigid constitution
o Popular sovereignty
o Bicameral legislature
o Separation of powers
o Checks and balances
o Judicial Review
o Federal system
o Presidential system
o System of republic
o Bill of Rights
o Dual Citizenship
o System of spoils

Preamble
The preamble to the Constitution serves as an introductory statement of the document's fundamental purposes
and guiding principles. It neither assigns powers to the federal government, nor does it place specific limitations
on government action. Rather, it sets out the origin, scope and purpose of the Constitution. Its origin and
authority is in "We, the people of the United States". This echoes the Declaration of Independence. "One people"
dissolved their connection with another, and assumed among the powers of the earth, a sovereign nation-state.
The scope of the Constitution is twofold. First, "to form a more perfect Union" than had previously existed in the
"perpetual Union" of the Articles of Confederation. Second, to "secure the blessings of liberty", which were to be
enjoyed by not only the first generation, but for all who came after, "our posterity".

The Preamble clearly mentions that people are the real and ultimate source of all power. It is through free, fair,
secret and regular elections that the people exercise their sovereign power and choose their representatives. The
representatives exercise authority on behalf of the people and that too for a fixed term.
written constitution.
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American constitution is a written constitution framed in 1787 and enforced in 1789. It consists of seven articles;
three of them related to structure and powers of Legislative (Article 1), Executive (Article 2) and Judiciary (Article
3) and the other four dedicated to position of states (Article 4), modes of amendments (Article 5), supremacy of
national power (Article 6) and ratification (Article 7). It also holds that constitution is the supreme law of the land.
Article one is the longest and cannot be amended.

Brief Constitution
It is a brief document of 15 pages containing only 4000 words. If we add the amendments, the total number of
words becomes 6000. The Constitution consists of just 7 Articles and only 27 amendments. When we compare it
with the Constitution of India, Constitution of Japan, Constitution of Switzerland, and other major Constitutions of
the world, we find the American Constitution a very brief constitution. The makers of the Constitution made it brief
to avoid any controversies which may unnecessarily lead to further problems. Since the Constitution is brief it has
helped it to mold itself according to the changes of time.

Supremacy of the Constitution

In the US, the Constitution is supreme. No other law is above the Constitution. No law can violate the Constitution
of USA. The government of United States derives all its powers from the Constitution.
Government cannot carry out any work by violating the provisions of the Constitution. The Supreme Court
protects the supremacy of the Constitution by exercising the power to reject any law or policy, which is against
the spirit of the Constitution. No State constitution can contain any provision against the US Constitution. In case
a State law violates the provisions of the US Constitution, that law is declared as null and void by the Supreme
Court.

Rigid Constitution
It is one of the most rigid constitutions in the world which means that for amending it, a special and difficult
procedure has to be followed. It consists of 2 steps;

Proposal for Amendment:

Either two-third (67%) of both the houses (Senate and House of Representatives) shall propose for amendment
to constitution or on the application of legislatures of two-third (67%) states shall call a convention for proposing
amendment.

Ratification of Proposal:
The amendment shall be ratified by the legislatures of three fourth (75 %) of all states or by the convention of
three fourth of states.

It is because of this rigidity that American constitution has been amended only 27 times in over 200 years.

Popular Sovereignty:
In U.S, the people rule i.e. they have delegated their powers to the government and the government owes its
authority to the will of the people. The principle of popular sovereignty is stated in the Preamble of constitution as
"we the people.......do ordain and establish this constitution for United States of America."

Bicameral Legislature:
The constitution of USA provides for bicameral legislature i.e. two houses in the centre. According to Article 1,
"All legislative powers are vested in Congress." Congress consists of two houses i.e. Lower House or House of
Representatives and the Upper House or Senate.

House of Representatives:
The House of Representatives has 435 members who are elected by the people through adult franchise method
for a period of two years on population basis i.e. state with larger population gets more seats in this house like
California has 53 members.

Senate:
The members of Senate are elected by the state legislatures. Each state has two senators meaning that each
state has two votes in senate. These senators are elected for a period of six years on parity basis. The total
number of senators is 100 as the total states are 50.

Separation of Powers:
The doctrine of separation of powers divides power between the three pillars/institutions of government to
prevent interference of one institution in the affairs of another. The powers are divided among
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Congress, President and the Judiciary.

Congress has the power to make laws which outline general policies and set certain standards.

President can enforce, execute and administer law. He is assisted by his cabinet but is solely responsible for all
actions of Executive branch.

Judicial Powers are exercised by the Supreme Court which interprets laws and decide cases and controversies
in conformity with the law and by the methods prescribed by law.

Checks & Balances:

Even though the principle of Separation of Powers prevails in the US yet complete separation is neither possible
nor desirable. Therefore, the framers of the Constitution created a system of mutual checks and balances among
the three organs of government. For example, appointments and treaties made by the President require the
approval of the Senate. Likewise, the bills passed by the Congress become law only when signed by the
President. Again, the Supreme Court can reject any law made by the Congress or any policy made by the
President as unconstitutional by exercising its power of judicial review. In fact, the Constitution provides a
network of checks and balances among the three organs of the government.

Examples:
o President can veto a bill passed by the Congress. The congress can pass legislation over president's
veto by two third majority.
o President has the power to appoint judges of the Supreme Court subject to approval of the Senate.
o The constitution has vested the powers of "Judicial Review" in Supreme Court. Supreme Court can
approve, reject or review any action taken by the President or laws made by the Congress.
All this creates a system which makes compromises necessary which is a sign of healthy democracy. It prevents
the rise of dictators as well.

Judicial Review:
The constitution provides for the Judicial Review, of the legislative enactment. The federal judiciary can declare
any legislation or executive action null and void if the same is found to be inconsistent with the provisions of the
constitution. The Judiciary thus acts as the guardian and custodian of the constitution and fundamental rights of
the citizens. The Supreme Court has so interpreted the constitution that it has adapted it to the changing needs of
society. It has enlarged the power of the Congress.

Federal System:
The U.S constitution provides for a federal system of government which means that powers are divided among
centre/federal government and the states. According to Article 1, the federal government has jurisdiction over 18
matters and residuary powers are vested in states. States are autonomous bodies and centre cannot meddle in
their affairs. In case of conflict, Supreme Court decides or settles the dispute.

Presidential System:
The constitution provides for a presidential form of government. Article 2 provides the powers, election and their
matters related to president. President is elected for a term of 4 years and is not answerable to Congress but
cannot dissolve Congress. He has a cabinet to assist him in running his executive powers.

Republicanism:
The constitution calls for a republican system with President as elected head of the state. The constitution
derives its authority from the people and is supreme law of the land. Neither centre nor states can override it.

Bill of Rights:
The first ten amendments to the constitution are called "Bill of Rights". The BOR provides for the rights of a
person's property, liberty, freedom of speech, press, religion and assembly.

Dual Citizenship:
The constitution provides for dual citizenship i. citizen of United States and the state where one is domiciled.
Britain and Pakistan provides for single citizenship.

System of Spoils:
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When a president is elected, he does appointment of public offices. If in elections, President elected is of the
opposition party, he dismisses the public office bearers and makes fresh appointments. Under this system, a civil
servant appointed by one president on political consideration cannot retain his office when an opposition
President secures victory in polls.

Electoral Collage
The term Electoral College refers to a process, not a place or school. It involves the selection of electors, voting
for the President and Vice-President of the US and counting of the electoral votes by Congress. To elect the
President, it is required to reach 270 electoral votes.

There are 538 voters who will cast votes and decide who the president and vice-president of the US will be. The
total number of electors is the sum of the country's 435 Representatives, 100 Senators and 3 electors from the
District of Columbia.

How Are Electors Selected?

Generally, electors are chosen by every Presidential and Vice-Presidential candidates' political party. This means
that every candidate running for the highest government office get his or her group of electors.
This does not hold true for all states though.

List of Advantages of the Electoral College

The Founding Fathers enshrined the Electoral College in the US Constitution because they thought it was the
best method to choose the president
Using electors instead of the popular vote was intended to safeguard against uninformed or uneducated voters
by putting the final decision in the hands of electors most likely to possess the information necessary to make the
best decision; to prevent states with larger populations from having undue influence; and to compromise between
electing the president by popular vote and letting Congress choose the president. According to Alexander
Hamilton, the Electoral College is if "not perfect, it is at least excellent," because it ensured "that the office of
President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite
qualifications." The Founders wanted to balance the will of the populace against the risk of "tyranny of the
majority," in which the voices of the masses can drown out minority interests.

The Electoral College ensures that all parts of the country are involved in selecting the
President of the United States

If the election depended solely on the popular vote, then candidates could limit campaigning to heavily-populated
areas or specific regions. To win the election, presidential candidates need electoral votes from multiple regions
and therefore they build campaign platforms with a national focus, meaning that the winner will actually be
serving the needs of the entire country. Without the electoral college, groups such as low farmers and Ohio
factory workers would be ignored in favor of pandering to metropolitan areas with higher population densities,
leaving rural areas and small towns marginalized.

It protects the interests of the minority.

The Electoral College preserves the voice of minority groups, especially states with lower populations and more
rural areas. This means that having electors saves the interests of farmers and other professions that do not
belong to the corporate world. Additionally, with the Electoral College, states that are not considered competitive
and are basically ignored by candidates will have a voice. Candidates will have to go to every state so the people
will have the opportunity to meet them and ask significant questions, allowing them to make informed decisions
come election time

The Electoral College guarantees certainty to the outcome of the presidential election
If the election were based on popular vote, it would be possible for a candidate to receive the highest number of
popular votes without actually obtaining a majority. This happened with President Nixon in 1968 and President
Clinton in 1992, when both men won the most electoral votes while receiving just 43% of the popular vote. The
existence of the Electoral College precluded calls for recounts or demands for run-off elections. The electoral
process can also create a larger mandate to give the president more credibility; for example, President Obama
received 51.3% of the popular vote in 2012 but 61.7% of the electoral votes. In 227 years, the winner of the
popular vote has lost the electoral vote only five times. This proves the system is working.
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It gives all candidates a chance for considerable success

Even if a candidate has a lower percentage of popular vote, he can still win in the electoral college. As a result,
there is great consensus impression, which is a requirement for subsequent governing.

List of Disadvantages of the Electoral College

It tarnishes democracy
With the Electoral College, the candidate who wins by popular vote is nullified. Additionally, such system can over
represent minority states, giving voters in an unfair advantage. As a result, democracy suffers because it
provides the notion that all votes are not equally important.

The reasons for which the Founding Fathers created the Electoral College are no longer relevant
Modern technology allows voters to get necessary information to make informed decisions in a way that could not
have been foreseen by the Founding Fathers. Also, while Alexander Hamilton in 1788 saw the electors as being
"free from any sinister bias," members of the Electoral College are now selected by the political parties and they
are expected to vote along party lines regardless of their own opinions about the candidates. Just as several
voting laws that limited direct democracy in the Constitution have been modified or discarded throughout history,
so should the Electoral College. As a result of Constitutional amendments, women and former slaves were given
the right to vote, and Senators, once appointed by state legislatures, are now elected directly by popular vote.
The vice presidency was once awarded to the runner up in electoral votes, but the procedure was changed over
time to reflect the reality of elections.

The Electoral College ignores the will of the people

There are over 300 million people in the United States, but just 538 people decide who will be president.
In 2016, Hillary Clinton won the popular vote by more than one million votes, yet still lost the election on electoral
votes. Even President-elect Donald Trump, who benefitted from the system, stated after the 2016 election that he
believes presidents should be chosen by popular vote: "I would rather see it where you went with simple votes.
You know, you get 100 million votes and somebody else gets 90 million votes and you win." Just as in 2000
when George W. Bush received fewer nationwide popular votes than Al Gore, Donald Trump will serve as the
President of the United States despite being supported by fewer Americans than his opponent.

It isolates people from the rest of the country

This is because the popular vote isn't considered valid. This makes people feel that they didn't have a say on the
selection of the president. This forces some of the citizens to not participate in the elections.

It could produce a president whom the majority of Americans do not exactly fancy
This is because the principle of the Electoral College undermines the popular vote. Smaller states will have a
larger percentage of electoral vote because the minimum number of Electoral College votes for every state is
three.

It allows the presidential election to be decided by the House of Representatives

Again, this makes people feel as if their votes are not deemed important. This is what will happen when there is
no majority of votes during the election.

It is complicated and discourages people from voting

Without Electoral College, getting the popular vote simply means a win. But with the electoral college, a
candidate must get 270 votes from electors alone. This discourage people from participating in the polls

Conclusion
It is important to know the advantages and disadvantages of the Electoral College system to be able to weigh in
on all options. This is because people have various insights and thus, different stands.
All in all, adapting the Electoral College has benefited the country in more ways than one. For one, it has allowed
the President of the United States to have both popular support and electoral votes to govern effectively. And
though it may have numerous disadvantages, these can be resolved and corrected to satisfy the people: