Introduction:
With the “Declaration of Independence”, printed on Gregorian calendar month 04, 1776, written by President of the United States, begins the freelance history of United States of America.
On July 11, 1776, a committee underneath John Dickenson was appointed that written the Articles of Confederation that were approved by the Congress of states.
However, interstate squabble started over a variety of problems. to resolve the issues and disputes, amendments in the Articles of Confederation was felt and therefore a convention was organized in the City of Brotherly Love for the aim within which delegates of twelve states participated (Rhode Island did not).
When sixteen weeks of dialogue, the new constitution of USA was signed on 17th Georgian calendar month 1787 by delegates of states gift there.
The constitution was adopted/ratified on twenty-first June 1788 (as 9 states (New Hampshire-ninth state) convention ratified) and implemented on March 07, 1789 (Rhode Island last state to formalize it). James Madison is taken into account because the primary author folks Constitution.
Salient Features of the U.S Constitution:
Although there are several fascinating options in its constitution however the foremost necessary is:
Written Constitution:
- Rigid constitution.
- Popular sovereignty.
- Bicameral legislative assembly.
- Separation of powers.
- Checks and balances.
- Judicial Review.
- Presidential system.
- Federal system.
- System of the republic.
- System of spoils.
- Bill of Rights.
- Dual Citizenship.
Written Constitution:
Yankee constitution may be a written constitution framed in 1787 and implemented in 1789. It consists of seven articles; 3 of them associated with structure and powers of Legislative (Article 1), government (Article 2) and Judiciary (Article 3).
The different four dedicated to the position of states (Article 4), modes of amendments (Article 5), mastery of national power (Article 6) and approval (Article 7).
It additionally holds that constitution is that the supreme law of the land. Article one is that the longest and can't be amended. Like different constitutions, it additionally consists of a preamble; one sentence that introduces and defines the purpose of the document.
Rigid Constitution:
It's one of every of the foremost rigid constitutions within the world which suggests that for amending it, a special and tough procedure should be followed. It consists of two steps;
Proposal for Amendment:
Either two-third (67%) of each of the homes (Senate and House of Representatives) shall propose for change to the constitution or on the appliance of legislatures of two-third (67%) states shall decision a convention for proposing change.
Ratification of Proposal:
The change shall be legal by the legislatures of 3 fourth (75 %) of all states or by the convention of 3 fourth of states. It is attributable to this rigidity that the Yankee constitution has been amended solely twenty-seven times in over two hundred years.
Popular Sovereignty:
In the U.S, the folks rule i.e. they need to delegate their powers to the govt. and also the government owes its authority to the desire of the folks. The principle of common sovereignty is declared within the preamble of the constitution as “we the people……..do ordain and establish this constitution for US of America.”
Bicameral Legislature:
The constitution of the USA provides for a bicameral legislative assembly. e. 2 homes within the center. In line with article one, “All legislative powers unconditional in Congress.” Congress consists of 2 homes i.e. Lower House or House of Representatives and also the higher house or Senate.
House of Representatives:
The House of Representatives has 435 members UN agency elective by the folks through the adult franchise technique for an amount of 2 years on a population basis i.e. a state with a larger population gets additional seats during this house like CA has fifty-three members.
Senate:
The members of the Senate are elected by the state legislatures. Every state has 2 senators which mean that every state has 2votes in the senate. These senators are elected for an amount of six years on a parity basis. The whole variety of senators is a hundred because the total number of states is fifty.
Separation of Powers:
The belief of separation of powers divides power between the 3pillars/institutions of state to forestall interference of 1 establishment within the affairs of another. The powers are divided among Congress, President and also the judiciary.
Congress can create laws that define general policies and set sure standards. President will enforce, execute and administer the law. He’s aided by his cupboard however is exclusively accountable for all actions of the Executive Office of the President.
Judicial Powers are exercised by the Supreme Court that interprets laws and set cases and controversies in conformity with the law and by the strategies prescribed by law.
Checks & Balances:
The system of Checks and Balances arranged down by the separation of powers prevents misuse of powers. The powers ar provided in such how that it provides a check upon different establishments.
Examples:
a) President will veto a bill gone by Congress. Congress will pass legislation over the president’s veto by 2 third majorities.
b) President can appoint judges of the Supreme Court subject to the approval of the Senate.
c) The constitution has unconditional the powers of “Judicial Review” in the Supreme Court. Supreme Court will approve, reject or review any action taken by the President or laws created by the Congress because it did in Marbury vs. Madison Case.
All this creates a system that makes compromises necessary that may be a sign of healthy democracy. It prevents the increase of dictators in addition.
Federal System:
The U.S constitution provides for a federal system of the states which suggests that powers are divided among the center/federal government and also the states.
In line with article one, the centralized has jurisdiction over eighteen matters and residuary powers are unconditional in states. States are autonomous bodies and the centers cannot interpose in their affairs. Just in case of conflict, Supreme Court decides or settles the dispute.
Presidential System:
The constitution provides for a presidential style of government. Article two provides the powers, election and their matters associated with the president.
President is elective for a term of four years and isn't answerable to Congress however cannot dissolve Congress. He incorporates a cupboard to help him in running his government powers.
Republicanism:
The constitution requires a republican system with the President as elective head of the state. The constitution derives its authority from the folks and is supreme law of the land. Neither center nor state will override it.
Bill of Rights:
The primary 10 amendments to the constitution are known as the “Bill of Rights”. The BOR provides for the rights of a person’s property, liberty, freedom of speech, press, faith and assembly.
Dual Citizenship:
The constitution provides for twin citizenship i.e subject of u. s. and also the state wherever one is domiciled. GB and Asian nations provide for single citizenship.
System of Spoils:
Once a president is elected, he wills appointment of public offices. If in elections, the President elective is of the opposition party, he dismisses the general public workplace bearers and makes recent appointments.
Underneath this technique, an official appointed by one president on political thought cannot retain his workplace once associate in nursing opposition President secures finish in polls.
Conclusion:
The U.S. constitution is greatly influenced by its historical factors and forces. “The constitution is extremely warped and thread of the Yankee history” bishop.
The constitution that emerged from the City of Brotherly Love Convention was a model of artistic production, linguistic magnificence, brevity & clarity. it's the foremost original one in the written constitutions of the globe.
Written by: Kaushal Nassa
Edited by: Gourav Chowdhury
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