 Political Science Notes

 Prepared by : Maaz Ur Rahman PSP

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 US POLITICAL
SYSTEM

Articles of Confederation

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 Came into force---1 March 1781

 By continental congress of 13 states

 Guidingprinciples to preserve independence

and sovereignty of states ,weak central
government

Trade
Revenue generation

Foreign affaires
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militia
 REASONS OF FAILURE

 Weak central government .No executive branch

 Congress had one chamber and each state one vote

 Need 9 out of 13 states to pass laws .No judiciary

 Central government could not collect taxes to fund its

operations

 States were free to conduct their own foreign policy

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 No common currency---difficulty in trade

 Confederation could not help settle war debt

 Rigid constitution 13 states needed

 Shay’s Rebellion 1787

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 US CONSTITUTION
CAME INTO FORCE 1789
 Article 1 - Legislature 10 sections

 Article 2 - Executive 4 sections

 Article 3 - Judiciary 3 sections

 Article 4 - Relations between states

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 Article 5 - Amending the constitution

 Article 6 - National debt ,Supremacy of

National Government

 Article 7 - Ratifying the constitution

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 FEATURES OF US'
CONSTITUTION
 Written character

 Conventions and Usages e.g. two term Amendment 22

1951

 Rigidity 27 Amendments. Popular Sovereignty

 Federal character. Republicanism. Presidential

 Supremacy of the constitution

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 Separation of powers

 Checks and balances

 Bill of rights

 Dual citizenship

 Judicial review

 Division of powers
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 Spoil system
 ELECTION OF AMERICAN
PRESIDENT

 Qualifications
1. natural born citizen
2. must be 35 years of age
3. lived for 14 years in US

 Two party system Democratic and Republican

 Party nomination. Debates present manifesto

 Primary and Caucuses elected by party

delegates called Super Tuesday 10
 National Convention - final nomination of president
and vice president

 Election – Presidential Electors on Tuesday after the

first Monday in November

 Electors meet in state on first Monday after the second

Wednesday in December report to senate chairman.6
January joint Session counting 20 Jan Oath from
president
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 POWERS OF AMERICAN PRESIDENT

 Executive powers

a) Chief Administrator
b) Commander-in-chief
c) Dictator of foreign affaires
d) Appointments

 Legislative Functions

a) Veto powers – Pocket veto. Suspensory veto-send for

reconsideration. Absolute veto – refusal
b) Messages
c) Special sessions 12

d) Patronage
e) Appeal to public opinion
f) Personal influence
g) Delegated legislation –rule-making power
through executive orders

 His Financial Role

 His judicial Authority

grant pardon to offenders
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 AMERICAN SENATE

 Its life
 Qualifications

 Its presiding officer

 Its committees

Its powers
 Legislative and financial

 Executive powers

 Control over foreign affairs

 Judicial Authority
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 MOST POWERFUL CHAMBER OF
THE WORLD
1) Direct executive powers-internal external policy

2) Absence of parliamentary system

3) Small membership and long tenure

4) Membership consist of senior politicians

5) Direct election of senators-17 amendment 1913

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6) Equal legislative and financial power

7) Practice of Filibustering

8) Court of impeachment

9) Solidarity of the senate-Roosevelt bypass senatorial

courtesy

10) The senators represent the state

11) Committees of investigation 16

 COMMITTEE SYSTEM IN US COMPARISON
WITH UK AND ITS FUNCTIONS
 Modern legislatures huge body

 Legislative pressure

 Technical legislature

 Lack of time and technical knowledge

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 Standing committees –miniature legislatures-19 in US

 Committee of rules –rules and procedure for house

 Select committees –by speaker from time to time

 Conference committee – resolve deadlock between

Senate and House

 Committee of the Whole House

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 COMMITTEE SYSTEM IN UK
1) Committee of Selection- 11 members from treasury and
opposition select members of committees

2) The Sessional committees –public ;private bill

committee
3) The standing committees -6 in number
4) The committee of the whole House

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 COMPARISON BETWEEN US AND UK
 HOC not delegated powers to committee while US
standing committees are real legislative called miniature
legislature by Woodrow Wilson
 In UK- chairman neutral and impartial in US partisan

 In UK works under cabinet in US under chairman

 In UK bills are demanded by HOC while in US not and

could kill bill
 In UK committees free from vested interest while in US
special interest through

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SEPARATION OF POWERS AND
CHECKS AND BALANCES
“No feature of American government ,
national, state ,and often local is more
characteristic than the separation of powers
combined with precautionary checks and
balances”

“ Frederick Ogg ”
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ORIGIN / ROOTS OF THEORY
 Aristotle---For Rule of Law three
institutions

1) A popular Assembly composed of all citizens

2) System of magistracy
3) Judiciary and the administrative department

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 Montesquieu –The Spirit of Laws

“ There would be an end of everything , life and liberty ,

if the same man or the same body , whether of the nobles
or of the people ,were to that exercise these three powers,
that of enacting the laws , that of enforcing them and of
trying the cases of individuals ”

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 MOTIVES BEHIND SEPARATION OF
POWERS
 Wanted limited government
 Checks on despotism and arbitrary actions

 Protect people from autocracy

 Fear of human nature – abuse of power

 Suspicious nature of Americans

 To safeguard individual liberty

 Demarcation of authority – sharing of power

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 CONSTITUTIONAL PROVISIONS
 Article – 1 Legislative powers with congress

 Article – 2 Executive powers with the

president

 Article – 3 Judicial powers with judiciary

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 HOW CHECKS AND
BALANCES WORK
 Executive Checks on Congress
1. Veto power
2. Executive Actions
3. Laws subject to executive consent
4. Congressional appointments subject to president
 Congress Control on Executive

1. Ratification of all higher appointments

2. Senatorial Courtesy
3. Court of impeachment
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 Judicial Checks on Legislature

1. Declare unconstitutional laws null and void

2. Take part in impeachment

 Congress Checks on Judiciary

1. Appointment of judges
2. Increase and decrease number of courts
3. Increase and decrease salary of judges
4. Could impeach judges
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 JUDICIAL REVIEW
 Is the power of SC to review actions taken by legislative
branch and executive branch declaring it constitutional
or unconstitutional

 Constitutional power vested with the superior courts to

adjudicate on the constitutionality of a law,
statute ,administrative action ,constitutional provision or
an amendment

 Origin of Judicial Review

 Divine origin …. O ye who believe ,Obey Allah and obey the
Messenger and those charged with authority. If you differ in
anything among yourselves, refer it to Allah and His 28
messenger.
 William Marbury Vs James Madison 1800 -1803
 Thomas Jefferson(Anti-Federalist) defeated John Adams
(Federalist)
 The Midnight Judges
 Madison SOS to Jefferson
 SC Writ of mandamus (official order to do ) to Madison to
deliver the commission
 SC has power to issue WOM under Judicial Act of 1789

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 Judicial Review of Civil Actions
 Section 114 of CPC ….power of HC

 Judicial Review of Criminal Actions

 Section 561-A

 Power of Judicial Review under Article 199 of the Constitution of

Pakistan
 5 clause

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 Modes of Exercising Powers of JR
 Writ of Mandamus …command issued to a public authority
to do a certain act

 Writof Prohibition ….command to public authority to refrain

from doing anything not permitted by law

 Writ of Certiorari….declaring that an act of public authority

is without lawful authority and is of no legal effect

 Writ of Habeas Corpus ….to direct a person may be brought

before it that he is not being held in an unlawful manner

 Writ of Quo Waranto …to a person under what authority of

law he claims to hold that office
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 Judicial Review Under the Constitution of Pakistan
 Article 184(3)

 Article: 184 Original jurisdiction of Supreme Court

(1) The Supreme Court shall, to the exclusion of every other Court,
have original jurisdiction in any dispute between any two or more
Governments.
 Explanation.-In this clause, “Governments” means the Federal
Government and the Provincial Governments.

 (2) In the exercise of the jurisdiction conferred on it by clause (1),

the Supreme Court shall pronounce declaratory judgments only.

 (3) Without prejudice to the provisions of Article 199, the Supreme

Court shall, if it considers that a question of public importance with
reference to the enforcement of any of the Fundamental Rights
conferred by Chapter I of Part II is involved, have the power to 32
make an order of the nature mentioned in the said Article.
IMPORTANCE OF JUDICIAL REVIEW
 Safeguards the Constitution
 Strengthens Rule of Law

 Protects Fundamental Rights of the people

 Dispenses Administration of Justice

 Ensures separation of powers and checks and balances

 Helps in institutional harmony

 Resolves issues of public importance

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 JUDICIAL ACTIVISM
 Is a broader term used to define the process of judicial
review
 Readiness and quickness of the judiciary to perform the
act of judicial review

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 NEGATIVE IMPLICATIONS
 Results in institutional imbalance
 Derails democratic political system

 Strengthens non-representative government

 Weakens separation of power and checks and balances

 Creates negative implications for the public

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SUGGESTIONS TO CURTAIL JUDICIAL
ACTIVISM
 Amend the Constitution
 Follow Indian model of JR

 Ensure that institutions remain to its constitutional

domain
 Parliament assert itself

 Strengthen institutions

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