SALIENT FEATURE OF US CONSTITUTION
The present federal
political system of the USA came into being in 1789. Initially, before
independence, it was comprised of 13 British colonies. In 1776, people of the
colonies rebelled against the British Empire and got independence. After independence,
these colonies that revolted established “The Article of Confederation” as the
first constitution of the combined states in 1977.
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However, this system
could not last very long because there was no common executive nor the
independent judiciary. An effective centralized government was the need of the
hour of that time. For this purpose, a convention was convened in 1787 in
Philadelphia to frame a constitution that fulfills the concerns of all the
states. Thus a constitution was framed and signed by the delegation of all the
states on Sep 17, 1787. The constitution came into force in 1789 and America
became the united state of America with a federal political system
Till now that same
constitution has been following however with time changes and the amendment has
been introduced to the constitution to update it with the changing times and
needs of the country and people.
SOURCE OF AMERICAN CONSTITUTION
- It is a written constitution, written in Philadelphia by the great political leaders of that time.
- Judicial decision
- Conventions
- Formal amendment: till now 27 amendments have been introduced to the constitution.
SILENT FEATURE OF THE US CONSTITUTION
- WRITTEN CONSTITUTION
It is a written document consists of 7
articles and the shortest constitution of the world. The framer only frames the
fundamental principle without providing any details.
- RIGID CONSTITUTION
It is a rigid constitution. Congress cannot
easily amend the constitution without the one-third approvals of the sates. It
is therefore considered as the rigid constitution. It is rigid to this extent
that it is said “if the founding father of the constitution return to the life
today they will find their exact wording in the constitution document”
- FEDERAL
The most important feature of the US constitution
is its federalism. There is a federal political system in the USA. In
federalism, the independent stats unite together to form a union without losing
their identity. The stats, in the US, have their power and center does not
interfere in those powers.
- PRESIDENTIAL FORM OF GOVERNMENT
Constitution of the USA gives a presidential
form of government. All the executive powers of the country will be rested in
the hand of the president. President will be the head of state as well as the
head of the government. President will conduct all the executive affairs of the
country.
- SEPARATION OF POWER
The American constitution is based on the
separation of power. The framer of the constitution believed that the
separation of power is very necessary for the freedom and liberty of the
American citizen. The constitution gives all executive power to the president
without any responsibility toward congress and congress as the sole body for
legislation and a judiciary power with the federal court.
- CHECK AND BALANCES
Framers of the constitution were also
aware of the fact that if there is no check and balance in the system there
would be oppression that’s why they introduced checks and balances in the
political system. The legislation was given the power to check the treaties and
appointment made by the president and conduct impeachment of the president in
a case like high treason charges, similarly, the president has the veto power in the
legislature. President also has pardon powers.
- INDEPENDENT JUDICIARY
To the separation of power, all the judicial
powers are rested in the hand of federal court. Nobody in the US can influence
the courts.
- JUDICIAL REVIEW
US the federal court has the power to review
the law framed by the congress unlike the UK
- FUNDAMENTAL RIGHT AND LIBERTY
The popular silent feature of the US constitution
is that the constitution ensures the fundamental right of the citizens. Nobody
by any means or any law deprives anyone of its fundamental right and liberty.
The rights re freedom of religion, speech, press, peaceful assembly, property,
etc. these are the rights that are enjoyed by every citizen of the US.
- POPULAR SOVEREIGNTY
Constitution of the US established the popular
the sovereignty of the people. The preamble of the constitution states as “we, the
people of the USA, to form a perfect union, establish justice, insure domestic
tranquility, promote the general welfare and secure the blessing of liberty to
ourselves and our prosperity, do ordain and establish this constitution of the
us”.
First
word of the constitution is “we people of USA” this means that the ultimate
power lies in the hands of people of the USA.
- LIMITED POWERS
USA, the constitution is supreme and the power
of the government organs is limited because the unlimited powers of any organ
cause instability and violence. In the UK political system, the parliament is
supreme.
- BICAMERAL
US legislature (congress) is bicameral;
consist of senate and house of representative.
- DUAL CITIZEN
Accordance with the 4th amendments to the
constitution, American citizens have the right of dual citizenship for the
center and another of the respective state in which the citizen resides.
- SUPREME LAW OF THE COUNTRY
The supreme law of the USA is the constitution
of the USA. No one or no organs in the country are superior to the
constitution. Every government organ will work under the constitution of the
country.
- REPUBLIC FORM OF GOVERNMENT
Constitution of the USA guarantees a republican
form of government, protections against invasion and application of the proper
state authority, assistance against domestic insurrection.
- CONCLUSION
US constitution is a written constitution it
has such good features like federalism, separation of powers and check and
balance that many countries adopt these features for their constitutions.
WRITTEN BY
ISHAQ KHAN
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