American Constitution
AMNA BAKHTIAR MALIK
TEAM LEADER
ACADEMICS
ADVOCATE HIGH COURT
Paper 6
CONSTITUTIONAL LAW-I
PART-1 BRITISH CONSTITUTION
50 MARKS
PART -2 AMERICAN CONSTITUTION 50
MARKS
Constitution of USA, 1789
No people should give
government power over them,
without first setting conditions
on the use of that power.
Authors of the constitution
JamesMadison,
George Washington,
Benjamin Franklin.
FATHER OF THE AMERICAN
CONSTITUTION
James Madison is justly regarded as the
Father of the Constitution.
Though he modestly remarked: “The U.S.
Constitution, not the offspring of a single
brain....”
James Madison, America's fourth President (1809-
1817), made a major contribution to the ratification
of the Constitution by writing The Federalist Papers,
along with Alexander Hamilton and John Jay. In later
years, he was referred to as the “Father of the
Constitution.”
View of Madison
The government that Madison helped
design is filled with checks and balances
that limit the powers of officials.
Madison explained the rationale in a
famous passage from Federalist No. 51:
“If men were angels no government would be
necessary. If angels were to govern men, neither
external nor internal controls on government
would be necessary. In framing a government
which is to be administered by men over men, the
great difficulty lies in this: you must first enable
the government to control the governed; and the
next place oblige it to control itself. A dependence
on the people is no doubt the primary control on
the government, but experience has taught
mankind the necessity of secondary precautions.”
ETYMOLOGY of constitution
The term constitution comes from the
Latin word constitutio, which means to
establish. Middle English (1150—1500).
Constitute used for regulations and
orders.
Earliestevidence for constitution is from around
1380, in the writing of John Wyclif, theologian,
philosopher, and religious reformer.
Derivation
INTERPRETATION of constitution
i. The document embodying fundamental
principles according to which a nation,
state, corporation, or the like, is governed.
[Oxford Dictionary]
In general term every state has a constitution, no
matter how badly governed it may be.
NAME ANY GOOD COUNTRY ?
NAME ANY BAD COUNTRY…
LEGAL INTERPRETATION OF
CONSTITUTION
The fundamental and organic law of a nation or state
that establishes the Institutions and apparatus of
government, defines the scope of governmental
sovereign powers, and guarantees individual civil
rights and civil liberties.
[Black's Law Dictionary]
(Page No # 353)
JURISTIC APPROACH OF
CONSTITUTION
AUSTIN: [1790-1859]
“Constitution is something which fixes the structure of a supreme
government.”
ARISTOTLE: [384-322 BC]
“The way of life the state has chosen for itself”
Such a definition is very ancient and no clear characteristics of a
Constitution can be found in it.
EXPLANATION
The Constitution is the supreme law of
the land, the fundamental law from which…
and define the relationship between the
branches of the government and between the
government and the individuals, all laws
their validity and all subjects their rights.
KEY POINTS:
i- Supreme Law of the land
ii-
Fundamental Law which describes how State is to be
governed/ composition and power of the government.
iii-
Defines the relationship between the branches of the
Government
iv- It enumerates the Basic Human Rights of individuals living
in the State can be termed as Constitutional/Fundamental
Rights
v- Relationship between Government and the individuals
vi- Laws inconsistent with the Constitution to be void
What is a State?
A State is:
I. Territory
II. Population
III. Sovereignty
IV. Government
a- Legislature
b-Executive
c- Judiciary
Purpose of the Constitution
I. Basic structure of the Government is defined.
II. Fundamental Rights of citizens are protected by it.
III. It originates the ambit and scope within which each organ should
perform its functions.
IV. It is an organic law of any state demonstrating on its sovereignty.
V. It is the standard by which all our, other laws are measured.
VI. Constitution limits the authority of Government by not making
laws ultra vires the Constitution.
Nature of Constitution of America
I. Written (Codified by a Constituent Assembly)
II. Democratic Republic (Representative Democracy)
III. Federalism (Strong Centre with states)
IV. Rigid (Not easy to amend)
V. Presidential Form of Government (President being
the Head of State and Government)
Subject of constitution
STATE
CITIZEN
Constitution as a branch of public law
Public law is that part of law which governs
relationships between individuals and the
government, and those relationships between
individuals which are of direct concern to society.
Public law comprises constitutional law,
administrative law, tax law and criminal law, as
well as all procedural laws.
SCHEME OF THE CONSTITUTION
Preamble
7 Articles originally drafted [4000 words]
27 Amendments [6000 words]
A paragraph certifying its passing by the
constitutional convention.
I. PREAMBLE
II. ARTICLE I – LEGISLATURE
III. ARTICLE II- EXECUTIVE
IV. ARTICLE III- JUDICIARY
V. Article IV- RELATIONSHIP BETWEEN
FEDERAL GOVT. AND STATES ETC.
VI. ARTICLE V- AMENDMENT OF
CONSTITUTION
[Link] VI- SUPREMACY OF THE
CONSTITUTION
[Link] VII- RATIFICATION PROCESS
AMENDMENTS
Ratified amendments: 27
Safeguards of liberty (Amendments 1, 2, 3)
Safeguards of justice (Amendments 4, 5, 6, 7, 8)
Unenumerated rights and reserved powers (Amendments 9,
10)
Governmental authority (Amendments 11, 16, 18, 21)
Safeguards of civil rights (Amendments 13, 14, 15, 19, 23, 24,
26)
Government processes and procedures (Amendments 12, 17,
20, 22, 25, 27)
Unratified amendments
Over 200 amendments suggested by both
houses which never could get out of
Congressional Committees for
amendment.
Mostly have lapsed a few are still in
process as no time limit for Ratification
has been attached by the Congress.
CONSTITUTION TODAY…!
Morethan 200 years old with
27 Amendments
Topics
1- Historical Growth 2- Salient Features
3- Congress 4- Senate
5- House of Representatives 6- President
7- Impeachment 8- Supreme Court
9- Judicial Review 10- Marbury Vs. Madison
11- Separation of Powers 12-Checks and Balance
13- Due Process of Law 14- Federalism
15- Bill of Rights 16- Legislative Procedure
17- Amendment Procedure
