LLB P-I Notes - “AMERICA N CONSTITUTION”

IMPORTANT EXAMINATION QUESTIONS

Q -1:

 Briefly describe the salient features of the USA constitution?

A - 1:
 
1. 
Introduction.               The constitution of the United state is the oldest written constitution in existence in the
world. It was the first constitution to be framed by duty set up assembly in the modern world. The constitution
of the USA is neither a revolutionary document not new invention in political science. Infect there is very little
in constitution that can be regarded as new. For two centuries the constitution of USA has served the country
in war and peace, in calm (Cool) and crisis without any fundamental change. The constitution embodies the
most adequate mechanism to run a federal democratic state.
2. 
Salient Features.        The salient features of the American Constitution are as follow: -  
 
a.         Written.          American Constitution is in written form. It is very brief Constitution, originally
consisted of preamble and seven articles but now 26 amendments have been made in it. The Constitution only
provides the fundamental principles.
b.         Rigidity.          The American Constitution is considered the most rigid constitution in the world. It
requires a special procedure to amend it. It can be amended by a very lengthy process. Because of the
complicated nature of the amendment procedure. Every amendment which can be moved in two different ways
must be ratified by three fourths of the states. The rigidity of the constitution is obvious (Clear) from the fact
that during the 207 years it has been in operation and only 26 amendments have been made in the constitution.
c.         Sovereignty of the People.    The preamble of the US Constitution laid emphasis (Stress) on the
sovereignty of the people. It starts with the words “We the people of the United State”, which clearly
indicates the sovereignty of the people.
d.         Supremacy of Constitutional Law.               The constitution of US is the basic law of the county to
quote constitution itself “This constitution and the laws of the united states which shall be made in pursuance
there of ….. shall be the supreme law of the land.
e.         Presidential. The Constitution USA establishes presidential form of Government. The Constitution
vested all executive powers to the president. He is not responsible for his acts and policies to the legislature.
He is elected by the people or the term of four year.
f.          Separation of Powers             The American Constitution is based on the principle of separation of
powers. All the three branches of the Government viz., legislative, executive and judiciary have been kept
separate from each other. The personnel of each branch are chosen by different procedure, the function are also
different and there is no interference in each department.
g.         Check and Balances.             Another remarkable feature of the American Constitution is the system
of check and balances. Each branch has weapon with which to check the others. The president has a qualified
 veto over laws enacted by congress. The congress can check the president by impeaching him. The president
and the senate elect the judges of Supreme Court and judges have the power to interpret the laws. Supreme
court of USA has the power of judicial review and can declare any act of the president and any law passed by
the congress as null and void if it violated the provision of the Constitution
h.         Judicial Review.         The Supreme Court of USA has the power to review and declare any act of the
president or any law passed by the congress, as null & void if it contradicts (Opposes) with the provisions of
the constitution. The constitution has not expressly given this power to it but the supreme court has acquired it
through its own interpretation of the constitution.
i.          Republicanism.           The USA is a republic with the president as the elected head of the state. The
US constitution guarantees to every state a republican form of Government the head of every state will be an
elected one. 
j.          Federalism.     The American constitution is federal and this federal system was introduced in 1787. It
is the first federal constitution in the world. A constitutional division of powers has been made between the
centre and the federating units. The constitution enumerates (lists or specify) the powers of the centre and
leaves the residue of powers to be exercised by the federating states.
k.         Bicameralism.            Article I section I of the US constitution made bicameral legislature. In house of
representative, representation is on the basis of population and in senate, each state has equal representation,
two senators from each state.
l.          Secular.           America is a secular state. It is stated that congress shall make no law respecting the
establishment of religion or prohibiting the free exercise of religion.
m.        Spoils System.            The system is associated with the name of president Andrew Jackson. According
to it when the new president takes over the charge of administration the entire administration of the previous
president is streamlined (Updated or Changed) and he made fresh appointments without taking into account
ability, experience etc
n.         Dual Citizenship.        The USA constitution makes a provision of dual citizenship for the people of
the United States. An American is a citizen of USA and the state to which he belongs. In UK on the contrary
(Opposing) single citizenship is provided. An Englishmen can live in any part of the country but he is deemed
to be the citizen of UK.
o.         Bill of Right. The constitution of USA guarantees the people a large number of fundamental rights.
These rights were not enumerated (included or listed) in the original draft of the constitution, but by
subsequent amendments these rights have been secured. The first ten amendments were made to incorporate
(Fit in or slot in) the fundamental rights.
3.
Conclusion.     Keeping in view the features of the constitution as discussed above, we can safely conclude
that the features of the USA constitution are nothing but mere contradiction (disagreement or opposition or
denial) of that of the British constitution.
 
 
Q -2:

 What is the composition and function of the "House of Representative" under the US
constitution?
A – 2:
 
1.
Introduction: -            The House of representatives is the lower House in US congress and if the senate is
House of the state, the house of representatives are the House of people. The framers of the constitution
intended the House of represent the multitude (Huge Number), the common people.
2.
Composition.              Originally, the house of representative consisted of 65 members only. With the passage
of time and the growth of population the strength of the House began to increase. However the same has been
finally fixed at 435 by an Act of 1929.
3.
Election & Tenure of Office. The representatives are elected for a short term of two years. They are elected
by the people through adult franchise. Tenure of the House can neither be increased nor decreased.
4.
Qualification for Membership.          In order to be eligible to become a member of the House of
Representatives:-
a.         The candidate must be at least 25 years of age.
b.         He must be a citizen of America.
c.         He must be a resident of America for at lease seven years.
d.         He should be a citizen of the state from which he is seeking election.
e.         He must not hold any office of profit under the government of USA.
5.
Presiding Officer.       The House of representatives is presided by a speaker which is chosen by it members,
when the new congress meets for the first time. He often takes part in the debate & favors the party he belongs.
Infect he is the leader of majority party and he is not a neutral person.
6.
Sessions.         The House of representative meets at least once in every year. The president may however call
a special or extra ordinary session of the House.
7.
Privileges of the Representatives.    The Members of the House of representatives are entitled to the
following privileges:-
a.         They enjoy of freedom of expression on the floor of the House.
b.         They cannot be questioned in a court of law for anything said in the House.
c.         They are exempted from impeachment.
d.         They are paid regular salary which is free from income tax.
e.         They are entitled to raveling allowance to attend the sessions in addition to other allowances
permissible under the rule.
8.
Powers and Functions.           Since USA has a presidential form of Government. Its lower chamber does not
play that vital role, which a lower house in a parliamentary form of Government is expected to play. The
power of house of representatives are as under:-
a.         Legislative Powers.    It enjoys co-equal and co-ordinate authority with the senate in the domain of
legislation ordinary bills can be initiated in either of the chambers.
 b.         Financial Powers        The constitution specifies that the revenue bills must originate in the house of
representative.
c.         Executive Powers.      The only executive power the house possesses is that alongwith senate it can
declare war and conclude peace.
d.         Judicial Powers.         The House of representatives participate in impeachment cases as it is
empowered to frame charges against the President or other civil officers.
e.         Constitution Amending Powers.        The house participates in the amendment of the constitution.
The proposals for amendment are too made by 2/3 majority in both the house of the congress.
f.          Electoral Powers.       It decides the election of the President when no candidate secures an absolute
majority of votes. It elects one out of three candidates securing the highest votes.
9.
A Weak House.          House of representatives is a weak house. It plays a second fiddle to the upper chamber,
the senate. Following are the reasons or causes of the weakness of the house of representatives: -
a.         Powerful Role of Senate.       Unlike the other countries, the upper house the senate enjoys co-equal
powers in the sphere of legislation and finance and is dominated by it.
b.         No Executive Control.           The executive is neither responsible to the House nor does it spring from
it.
c.         Short Term.    The tenure of two years for the House is very short. The members are too much
engrossed (engaged) in their election campaigns because of the shorter term.
d.         Large Membership.   The membership of the House if very large and because of it here is a time limit
on the speeches.
e.         Direct Election of Senate.     The direct election of the senators also detracts the popular character of
the House which is otherwise the privileges of lower chamber.
f.          Limitation on Freedom of Speech.    The debates in the House are limited unlike senate where
freedom of speech is allowed which enables the senators to do more justice to the debates.
g.         No Leadership.          Unlike the house of commons there is no leader of the House of representatives
and a spokesman of the Government from whom may emanate (Originate) the national policy.
10.
Conclusion.     To conclude I can say that the house of representatives represents the various sections of
America as it has a large membership. As compared to senate, it has less authority which makes it a weak
house.
 
 
Q -3:

 American Senate is the most powerful chamber on earth explain? OR

 Describe in detail the legislative procedure of the senate?

A - 3:
 
1. 
Introduction.               The Senate is the upper chamber of the American Congress. It is a ‘very real and living
force’ in the American political system. The Senate has been organized on the basis of parity of representation
of all States. Every State, whether big or small, sends two representatives in the State. No State, according to
the Constitution can be deprived of equal representation in Senate without its consent.
2.
Composition.  The Senate is composed of only one hundred (100) members. Each State, irrespective of
population and, or, area, sends two representatives to the Senate.
3.
Qualification for Membership.          A person must possess certain qualifications to become of Senate. Viz.,

1. He must be thirty years of age.

2. He must be inhabitant of the State from where he intends to contest the election.
3. He should be resident of America for at least nine years.

4.
Method of Election.               Prior to 1913, the Senators were elected by the State legislatures but in that year
the constitution was amended. The 17th amendment provided that the senators shall be elected by the people of
the State directly. Thus, the Senators are directly elected by the people through universal suffrage.
5.
Tenure of Senate.      The Senate is a permanent body and is not subject to dissolution Every Senator is
elected for a term of six years and one-third of the total number of Senator retires every two years.
6.
Privileges of Senators.           The Senators are guaranteed the same privilege and immunities as are
guaranteed to the members of the House of Representatives. However, the Senators enjoy some special
privileges in addition to the routine on. Viz.

1. Members of the Senate cannot be removed by impeachment.

2. They cannot be arrested during the sessions, save on the charge of gross misconduct, treason or
threatening public peace.
3. The Senators enjoy unrestricted freedom of speech in the House. Any Senator can speak on any issue
or any bill for any length of time. He may talk, even, on a bill over to death. This technique is termed
as Filibustering.

7.
Sessions.         The constitution requires that both Houses of the Congress must meet at least once a year. The
President, however, can summon special or extra-ordinary sessions. The sessions of both the House began and
end simultaneously.
8.
International Composition of Senate.          
Presiding Officer.       The Vice President of the United States is legally the Presiding officer to the Senate. In
the absence of the Vice-President the Senate is presided over by ‘President Pro-tempore’, who is a member of
the majority party. The President Pro-tempore is elected by the Senators from among themselves.
9.
Committee.     Most of the work of the Senate is done by its committees consisting of its members. Chairmen
of the committees are always senior members. All questions before the Senate are referred to the appropriate
committee for its advice & opinion.
10.
Powers and Functions.           The senate shares equal powers with the House of Representatives in respect of
legislation, while it shares with the President certain administrative powers.
a.         Legislative.     The Senate enjoys vast legislative powers. It has equal power in ordinary legislation
with House of Representatives except that a Money Bill must originate in the House of Representatives.
However, the Senate can amend a Money Bill as much as it like.
b.         Executive Powers
(1)        Aid and Advise the President.           The Senate provides aid and advise to the president in the
discharge of his executive function.
(2)        High Appointment.     All high Appointments made by the president are subject to the consent and
advice of the senate.
(3)        Control the Internal Administration. The Senate controls the internal administration of the country.
(4)        Investigative Power.  The Senate appoints committees on investigation for the purpose of finding out
result of the Administration of the president.
c.         Electoral Power
(1)        Election of the Vice-President.          The senate decides the vice-presidential election when no
candidate gets an absolute majority of votes in the election.
d.         Judicial Powers
(1)        Court of Impeachment.          Senate is court of impeachment of president Vice President and other
high officials in America.
(2)        Appointment of Judges.         The Judges of the Supreme Court are appointed by the president with
the consent of the Senate.
11.
Senate, the Powerful Second Chamber of the World.          Senate is the most powerful second chamber of
the world. Senate is a powerful body. It has powers, functions, and influence which are possessed by no other
second chamber in the world.
Causes of the Strength of Senate.    Causes of the strength of the Senate are as under:-
a.         Direct Executive Powers.      The Senate is only legislative organ in the world which has direct
executive powers.
b.         Small Membership.    The membership of the Senate is small. It consists for the term of six years.
c.         Long Tenure.  The tenure of the house is long senators are elected for the term of six years.
d.         Senior Politicians.      The Senate consists of Senor politician of the country.
d.         Direct Election.          Constitution of the U.S.A has provided for direct elections of Senator by the
people of USA.
f.          Freedom of Speech.   The Senators have freedom of speech. A senator can go on speaking for any
length of time. Can go on speaking for any length of time.
g.         Solidarity.       The members of the Senate have solidarity and great unity which make the senate the
powerful organ.
h.         Representation of the People.           The Senate is the representative of the people in the USA.
 i.          Representation of the States.           The Senators represent the states as political unit because
members of the senate are elected on the basis of entire population of the states.
j.          Special Powers.          The Senate has special powers which strength it value.
 
 
Q -4:

 US constitution is Rigid Explain? Or

 The American constitution is the most rigid constitution of the world? Or
 Discuss the Procedure of Amendment of the American Constitution?

A – 4:
 
1.
Introduction: -            The US constitution is written & rigid in its nature. It is rigid because the process of its
amendment is very difficult and complicated. Special method is required to amend the constitution. It is due to
this reason that only 26 amendments have been made in the constitution so far.
2.
Process of Amendment.         Article V of the US constitution prescribes the amending process.          
3.
Stages of Amending Process.            The amending process has two stages one of the proposal and the second
of ratification. These two stages can be conducted in following ways:-
a.         Proposal Initiated by Congress.            An amendment may be proposed by two thirds majority in
each house of the congress. It must be ratified by three-fourth of the total number of the states. The ratification
may be done either by the state legislatives or by the special conventions held in the stated for this purpose.
b.         Amendment Initiated by State Legislation.  The states may also themselves take the initiative in
proposing amendment. If two thirds of the state legislatures apply to the congress for this purpose, the congress
calls a constitutional convention which shall on the basis of original recommendation propose the amendment.
These amendments must be ratified by three fourths of total number of sates. The ratification may be done
either by the states legislature or by special conventions held in the states for this purpose.
4.
Modes of Ratification.           The modes of ratification to be determined by the congress.
5.
Time Limit for Ratification.   Formerly, there was no time limit for the ratification of a bill passed by the
congress. It is stated that in one case the ratification was made after 80 years. However the law has been
changed and it is provided that eh whole process of ratification must be completed within 7 years and if it is
not done the amendment falls through.
6.
Assent of President Not Necessary.             It was held by a supreme court that a amendment is solely a
legislative function and the president need not assent to a proposed amendment before it is send to the states.  
7.
Restriction on Amendment.               The constitution has itself laid down certain restriction on its
amendment.
 a.         Article V of the constitution says that no state without its consent shall be deprived of its equal suffrage
in the senate. 
b.         Article IV, section 3 (i) of the constitution says that a state cannot be divided into tow or more state nor
two or more states can be combined into one without the consent of the legislature concerned.
8.
Criticism of the Amending Process. Following defects have been pointed out in the amending process of the
US Constitution:-
a.         Un-adaptability.          The US constitution lacks the virtue of adaptability with the change of time. It
can be shown by the proposed amendments which were more than 4000 since 1787 and only 27 secured the
requisite majority.
b.         Slowness of Process. The amending process is very slow involving two stages of proposal and
ratification and the constitution has also not prescribed a time limit for ratification.
c.         Against the Spirit of Democracy.      US constitution envisages (imagine) consent of the states and not
the majority of the population e.g., 13 small states with say one tenth of the total population may prevent to
nine tenth of the people from affecting any change in the constitution. This is considered to be against the spirit
of democracy.
9.
Conclusion.     USA constitution is a living organism the rigidity has only been provides as the fathers of
constitution were cautious to avoid all possibilities of capricious (erratic) changes in the constitution.
 
 
 
Q -5:

 Discuss the doctrine of separation of powers between the state and federal Government in the
USA? OR
 Write a comprehensive note on separation of powers with particular reference to the US
constitution.

A – 5:
 
1.
Introduction: -            No feature of American Government, National States and often local is more
characteristic than the separation of powers combined with precautionary check and balances. (Prof. Ogg)
 
            American Constitution is based on the principle of separation of power, the idea that three organs of the
Government should be kept distinct and independent and each acting as a check on the other. This is the most
important feature of the American System.
2.
Meaning According to Blacks Law Dictionary.       "Separation of powers in the division of governmental
authority into three branches of government, i.e., legislative, executive and judicial each with specified duties
on which neither of the other branches can encroach (Intrude, invade or trespass).
3.
Origin and Need for the Theory.       Since the ancient days of the Aristotle, Political writers have recognized
the three fold distribution of governmental function of power as, Executive, Legislature and Judiciary. Each
power is exercised by its own department or organ of Government. Montesquieu. The French thinker of 18th
century was the first writer who expounded this division as theory of separation of powers in order to
safeguard the liberty of the individual.
a.         Montesquieu's Exposition.    Montesquieu explained his theory in these words: - "In every
government there are three sorts of power. Legislative, executive and judicial. The liberty of individual
requires that neither all these power nor nay two of them should be placed in the hands of one man or one body
of men.
b.         James Madison View of the Montesquieu Theory.             According to him Montesquieu in theory
meant only that there could be no liberty if the whole power of one department is exercised by the same hands
that possess the whole power of another department.
4.
Theory of Separation of Power in America.
a.         Implied Doctrine.       The US constitution does not explicitly proclaim (declare)  the principle of
separation of power; it is made impliedly in the constitution and can easily inferred from the way it is drafted.
            (1)        Article I Section 1 of the Constitution Declares. All legislative powers             herein granted
shall be vested in a congress of the United States.
(2)        Article II Section 1 begins with.        Executive power shall be vested in a president of the united state
of America.
(3)        Article III Section I declared.           The judicial power of the united states shall be vested in one
supreme court and in such inferior courts as the congress may from time to time ordain establish.
b.         Doctrine in Practice. In USA a serious and deliberate attempt was made to apply the theory in
practice. The American Chief Executive, the president is elected by the people for a period of four years. He
cannot initiate legislation. He is independent of legislation as it is independent of him. The judges are
independent of the executive and the legislature.
5.
Check and Balance System.              The framers of the constitution believed that to grant unchecked power
to any person is sure to invite oppression (Domination, Coercion) and tyranny. Hence separation of power will
not be enough remedy against abuse of power. Power must be checked by power. So they devised a system of
check and balance.
6.
Effect of Separation of Power.          The separation of power has created a new system of government, called
the presidential system which is quite different from the parliamentary system of Great Britain. It also
introduces the doctrine of Judicial Review.
7.
Alternation of Doctrine of Separation of Power.      The constitutional doctrine of separation of power has
been altered by the emergence of : -
a.         The political parties
b.         The presidential leadership in legislative proposal and
c.         By the growth of delegated legislation.  
8.
Criticism on Doctrine.            The doctrine of separation of powers has been criticized on following grounds:-
 a.         Complex System.       Separation of power has made the structure more complicated.
b.         Frustration.     The doctrine of separation of power has created frustration among the three organs of
the Government.
c.         Loose Co-Ordination.            It makes the Government institution to be loosely coordinated.
d.         Mutual Rivalries.       It has created mutual rivalries among the all three branches of Government.      
9.
Conclusion.     The theory of Separation of powers makes the governmental organ to work independently of
the other, but the framers of the constitution knew that an absolute separation would make Government
impracticable. So they also devised the system of check and balance which compel them to work inter-
dependently.
 
 
 
 
 
 
Q -6:

 Explain the system of check and balance under the USA constitution?

A – 6:
 
1.
Introduction.               To prevent one branch of the government from becoming supreme, and to induce the
other branches of government to cooperate, the framers of the U.S Constitution have provided the system
which is based on the theory of separation of power alongwith internal “Check and Balances”. The one organ
of the Government is obstructed by another. The system of checks and balance has interlocked the three organs
of the Government. Checks and balances refers to the various procedural rules that allow one branch to limit
another, such as the authority of the president to veto legislation passed by Congress, or the power of Congress
to alter the composition and jurisdiction of the federal courts.
2.
Constituent of Check and Balance System.

1. Legislative
2. Executive
3. Judicial

3.
Evolution of System of Check and Balance.            Montesquieu's a French writer alongwith the theory of
Separation of power, has expounded the theory of check and balance. He laid down theory of separation of
power as a device to avoid concentration of authority. At the same time he talked of check and balances. Power
is to be check upon power was his maxim.
4.
 Basis of System of Checks and Balances.   The System of Checks and balances is based on the maxim. “If
power is not to be abused then it is necessary, in the nature of things that the power be made a check to
power”.
 
 
5.
Working of System of Check and Balances:-
a.         Check on the Congress.        The American Congress is empowered to make law for the country but
any bill passed by the congress cannot become a low unless it has received the assent of the president. The
American president is empowered to withhold his assent and send the bill back to the congress. The Supreme
Court can also declare a law unconstitutional. If it violates the Constitution the president controls the congress
he may veto a bill.
b.         Check on Judiciary.   The President and the congress have certain checks on Judiciary. The U.S
president appoints the Judges of the Supreme Court whose approval is to be accorded by the senate. The
Salaries of the Judges are determined by the congress subject to certain restrictions. The judiciary is powerful
but not free from checks. The congress can impeach the Judges.
c.         Check on the President.        It is said the American president is the most powerful person in the
world. The president is the Chef executive of the country and is given vast powers. However, there are many
checks on these powers. The congress checks the powers of appointment of the President. He cannot appoint
high officials, ambassadors or the judges without the approval of senate. Besides, he cannot declare was
without the sanctions of the Congress and cannot make treaties without ratification by Senate. The Supreme
Court is empowered to declare any act of the President unconstitutional and, therefore, null and void, if it
contravenes the provision of the constitution.
 
6.
Examples of the Method of Check and Balance System
 
Legislative
Executive
Judicial
 

 Writes and enacts laws

 Sometimes may veto laws

 May refuse to enforce certain laws (risking impeachment by the legislature)
 Determines which laws apply to any given case
 Determines whether a law is unconstitutional

 
 
 Enacts taxes, authorizes borrowing, and sets the budget
 May refuse to spend money allocated for certain purposes
 Has sole power to interpret the law and to apply it to particular disputes
 May nullify laws that conflict with a more important law or constitution

 Usually has sole power to declare war

 Wages war (has operational command of the military)
 Determines the disposition of prisoners.

 May start investigations, especially against the executive branch

 Makes decrees or declarations (for example, declaring a state of emergency) and promulgates lawful
regulations and executive orders

 Has power to compel testimony and the production of evidence

 
 

 Often appoints the heads of the executive branch

 Sometimes appoints judges
 Often appoints judges
 Polices its own members

 
 

 Ratifies treaties
 Has power to grant pardons to convicted criminals
 Is frequently immune to arbitrary dismissal by other branches

7.
Conclusion.     To conclude, I can say, that the fathers of the American Constitution has provided the system
of “Checks and Balance’. All the three branches of the Government have been equipped with Vast Powers but
none of them can act in despotic manner, as the other two branches there to check it. In this way, the three
organs of the Government have been interlocked
  
 
Q -7:

 Explain the Role of Congress in USA System?

A - 7:
 
1.
Introduction: -            The American congress is bicameral. The first article of the American constitution says
that “All legislative power herein granted shall be vested in the congress of the united sates which shall
consists of a senate and the House of representative. The congress of the united states is a legislative body of
the country. Its function is to make laws. The constitution of the USA has made congress a powerful
institution. Another consideration was that the bicameral system would maintain the power equilibrium
between the various units of the federation. Through the provision for two chambers it was possible that atleast
in one House all the stats got equal representation, regardless of the size or population.
2.
Composition.             Congress of the united state has two houses which composes the congress, same are
given below: -
a.         Senate
b.         House of Representatives
3.
Powers and Functions of Congress.              Following are the main functions and powers of US congress:-
a.         Legislative.
(1)        Regulation of Monetary (Financial) System.           Congress of united states has power to regulate
monetary system of the country.
(2)        Formation of Armed Forces.             The congress determines the extent nature and organization of
Armed Forces of the United States.
(3)        Collection of Tax.       Congress has power to levy and collect taxes, duties and excises.
(4)        Law Making. The congress has power to law making regarding commerce and trade.
b.         Executive.      
(1)        Making of Treaties.   The congress has power to make treaties.
(2)        Appointments. Congress shares the power of president of appointment.
(3)        Creation of New Department.  Congress has power to create new department in the country.
(4)        Fixation of Salaries and Functions.   Congress fixes the salaries and function of the offices and
departments of Government.
c.         Judicial.         
(1)        Composition of supreme court. Congress determines law for the composition of the supreme court.
(2)        Determination of Appellate Jurisdiction of Supreme Court. Congress determines the appellate
jurisdiction of the supreme curt.
(3)        Impeachment of President and Others.        Congress can conduct proceedings of impeachment
against the president, ice president and the speaker.
(4)        Confirmation of Presidential appointments.             Congress confirms the appointment of judges of
supreme court made by the president.
(5)        Creation of Courts.    Congress can create inferior federal courts in country.
d.         Electoral.
(1)        Counting of Votes.     Congress meets every four year to counts votes cast for president and vice
president.
(2)        Election of President and Vice President.    If no candidate secure absolute majority congress elects
out of three securing highest votes.
e.         Inherent.        
(1)        Admission of New States.      The congress has power to admit new state.
(2)        Declaration of War.   Congress can declared war.
(3)        Treaties.         Congress can make treaties with the foreign countries.
(4)        Maintenance of Diplomatic Relation.           Congress maintain diplomatic relation which other
countries.
f.          Emergency.    During the time of national crises congress has emergency powers. These powers are
inherent in national government and therefore, unlimited.
g.         Amendment.   A proposal for constitutional amendment may be initiated by the congress with the two
third majority in each house or by the special convention called by the congress.
h.         Investigation. Congress perform investigative functions through regular standing committee and by
special committee setup for the purpose.
i.          Financial.        Congress alone has power to grant money to the federal government. All bills of
revenues are initiated in lower house.
 
4.
Distinctive Features of the Working of the Congress.       
a.         Absence of Leadership of the Executive.     There is neither any government nor any opposition in
both houses of the congress.
b.         Legislative Initiative.             Legislative initiative is in the hands of the private members bills are
usually moved by the private members.
c.         Burden of Work.        Congress has to deal with an enormous amount of business. It also deal with all
sort of problems concerning international and natural level.
d.         Lobbying.        The legislative work of the congress is also affect by lobbing. These lobbyists
vigilantly guard the interest of industrial organization which they represent. These lobbyists protect their
rights.
e.         Role of Committee. Committees plays a virtual role in the legislation. All the bills are referred to the
committee.
f.          Position of Upper House.       The upper house of the congress which is know as senate has
domination over the lower house.
5.
Conclusion.     At the conclusion we can use the words of Earnest S.Griffith “that the congress of the united
states is the World’s best hope of representative Government”. The legislative powers of both of the house are
equal but in effect the senate is more powerful than the house.
 
  
 
Q -8:

 Briefly discuss the system of election of President of America?

 How president is elected in America?
 How the President of USA is elected. Describe in detail?

A – 8:
 
1.
Introduction: -            The U.S Constitution provides for the presidential form of Govt. the farmers of the U.S
Constitution spent a lot of time in deciding upon the method of electing the president. After a good deal of
discussion they adopted a plan of indirect election of the President by electoral college which is now embodied
in Article II, sections 1, 2 and 3 of Constitution.
2.
Qualifications for the President.       The Constitution imposes three tests on a candidate the presidency.
 
a.         Age.    A candidate must not be less than 35 years of age.
 
b.         Citizenship.     A candidate must be natural born citizen of the U.S.A.
 
c.         Residence.      He has resided in the country for at least 14 years before his election
 
d.         He is not a member of the congress.
3.
Mode of Election.      The mode of election of U.S President is the indirect on the constitution provided that
the president should be elected by an electoral college consisting of as many presidential electors as is the
number of members in both the House of the congress.
4.
Stages of Presidential Election.        In practice there are following stages of the election of U.S President.
 
a.         Nomination of Presidential Candidates.       The candidates are the presidency are nominated by the
parties. Since 1832, the two major parties i.e the Democrats and the republicans have established the practice
of choosing their representatives at national conventions.
 
b.         Campaign.      After the nominations of the Presidential Candidates and their subsequent election by
their respective party conventions, nation-wide presidential campaign starts.
The parties set up national and states committees and open headquarters in two great cities.
Each party issues a campaign text-book which contains the party platform, the biographies of the candidates
and other material required for propaganda purpose.
 
e.         Nomination of Presidential Electors.            The next stage is nomination of the presidential electors
in the several states. These electors are important party leaders.
 
f.          Election of Presidential Electors.      The next stage in the Presidential election falls in November of
the election year when presidential electors are to be elected. Section I of the Article II of the Constitution of
U.S.A deals with the election of presidential electors (electoral college)
 
(1)        Number of Presidential Electors.      The electoral college consisting of as many presidential electors
as is the number of members in both the House of the congress. At present there are to be 538 members in the
electoral college as the House of representative and senate consist of 438 and 100 members respectively.
 
(2)        Representation Made by Each State.          Each state is to appoint as many electors as, it has senator
and representatives in the congress.
 
(3)        Method of Election.   The method of election of Presidential electors has been left to be determined
by the state legislature concerned. To begin with, they were elected by the state legislature, now they are
elected by the people of the state concerned.
 
(4)        Election of President by Electors.     The Presidential electors meet in the capital of each state on the
first Monday after the 2nd Wednesday in December and record their votes for the Presidential candidates.
 
(5)        Voting.            A certificate of election is then sent to the chairman of the senate by each state on 6th
January, the congress meet in a joint Session, where votes are counted. The person securing an absolute
majority of votes is declared elected. To secure absolute majority, a candidate must receive 270 of 538 votes.
5.
Installation.    After his election, the new president is installed into office on January 20 of the ensuring year
by taking the oath of office.
6.
Term of Office.           The presidential term is four years and according to the 22nd amendment a president
can stand for re-election only once.
7.
Salary of President.   The US president receives a salary of $ 200000.00 a year and extra $50000 for
expenses, occupies an official resident and enjoy other privileges such as travel and official entertainment
allowances.  
8.
Succession.     If the office of president falls vacant due to his death, resignation, impeachment or inability to
discharge the powers and duties of the said office the vice president succeeds to his office for the remaining
period of his term.
9.
Conclusion.     In practice American president is directly elected by the people the
 
 
 
  
 
Q -9:

 Explain the Role of President in US Constitution? OR

 What are the legislate powers of the President of USA?

A – 9:
 
1.
Introduction: -            The American president is a very popular figure in his country and he is one of the
most powerful personalities in the present day international world. The constitution has vested the executive
power in him. He combines in his person the power & function of a King and a Prime Minster. He is the Head
of State as well as of the Government. He is also a national leader. Originally the president was not a party
man. But when political parities grew up in American politics, the president not only became a party man but
also the leader of his party.
2.
Qualifications.            Any citizen can be the president of the united state provided he possesses following
qualification:-
 
a.         A candidate must not be less than 35 years of age.
 
b.         A candidate must be natural born citizen of the U.S.A.
 
c.         A candidate must have resided fourteen years within the country however it is not to be interpreted as a
continuous and uninterrupted period of 14 years preceding election.
 
d.         He is not a member of the congress.
3.
Election of President.             The constitution provides that the president should be elected by an electoral
college consisting of as many presidential electors as is the number of members in both the house of the
congress.
4.
Sources of Powers of President.        Following are the sources from where the president of the US derives
his power and authority:-          
a.         Constitution
b.         Statutes of Congress
c.         Supreme Court decisions
d.         Usages and customs
5.
Powers of US President.        The power of US president can be classified under following heads.
 
a.         Executive Powers.      The Constitution has vested the executive powers in the President, but it is
mainly silent on questions of ways and means of exercising it, except in a few respects. Different aspects of
President’s executive powers are as follows.
 
(1)        Enforcement of Law.  The President is responsible for the enforcement of Constitution and the laws
which are made by the Congress. In case of resistance, the president has the power to use force.
 
(2)        Powers of Appointment.         Article II of U.S Constitution gives the list of the appointments to be
made by the President with the advice and consent of the senate, however all inferior appointments can be
made by the president alone.
 
(3)        Power of Removal.     The Constitution is silent about the question of removing the officers whom the
President appoints. There was a dispute whether it should be exercised by the President alone or with the
advice and consent of the Senate but this dispute was settled by the Supreme Court of U.S in Myer’s case.
“MYERS VS UNITED STATES (1926)”
 
(4)        Chief Administrator.  The President is the head of the National Administration. He has the power to
supervise its operations and has the right to control the entire administration.
 
(5)        Military Powers.        The President is the Supreme Commander of the armed forces of the united
States, and he is responsible for the defence of the United States. He id fully authorized to deploy the armed
forces anywhere in and out of the country.
“MARTIN VS MOTT (1827)”
 
b.         Legislative Powers.    Under certain conventions, President’s role in legislation becomes extensive
while the congress has itself appreciated the legislative role of the President.
 
(1)        Messages.      President can send messages to the Congress Conveying his proposals on important
issues. Such proposals from the president are given full consideration during legislation. The famous message
to congress include President’s Wilson 14 points.
 
(2)        State of the union Address.   The opening address of the president at each Session of Congress is
known as the state of the union message.           
 
(3)        Convening Extra Session of the Congress.  The President can’t Summon ordinary Sessions of the
Congress but can summon its extra ordinary Sessions under Special Conditions like when emergencies arise.
 
(4)        Veto Power.    The president can exercise has veto power in the legislative field. There are following
kinds of veto power.
 
(a).       Suspensive Veto.       According to it, he can return the bill to the Congress for reconsideration. If the
bill is passed by 2/3 majority of the congress, it shall become law without the president’s consent.
(b).       Pocket Veto.   In case, the Session of the Congress adjourns before the expiry of ten days while the
bill has not been approved by that time, it will die termed as pocket veto.
 
(5)        Director Pressure on the Congress. The President is the leader of the nation. When his efforts to
convince the House prove futile, he make a bid for a popular support.
 
c.         Judicial Power.           A President enjoys the following judicial powers.
 
(1)        Appointment of Judges.         The President appoints judges with the approval of the Senate.
 
(2)        Power of Pardon and Reprieve.        The President has the power to grant pardon and reprieves. A
pardon is a release from liability of punishment. It may be absolute or conditional.
 
d.         Financial Power.         Following are the financial power of the President.
 
(1)        General Manager of Financial Affairs.        The President of America is the General Manager of
Financial affairs of the Government. He directs and control finance affairs.
 
(2)        Control Over Budget.            Federal budget is prepared by the bureau of Budget under the
Supervision of the President. The budget so submitted by the President Serves as a guide to legislative action
on annual appropriation for Government activities and programs.
 
e.         Power in Foreign Affairs.       Following are the Powers of President in relation with Foreign affairs.
 
(1)        Diplomatic Power.      American president has been regarded as the Chief Spokesman of America in
its relations with Foreign Governments. The most important function of the President is to formulate foreign
policy, which revealed in presidential messages and speeches.
 
(2)        Recognition of States.           The President has the authority to recognize countries and governments.
This he does simply by receiving diplomatic representatives of the countries concerned.
 
(3)        Treaty Making Power.          The president has the power to make treaties with other governments
with the ratification of two thirds majority of Senate.
 
(4)        Agreement Making Power.   The President can make agreement with foreign states and it is not
subject to ratification of Senate.
 
(5)        Declaration of War.   The American President has power to declare war with the consent of congress.
6.
Emergency Powers
 
a.         Meaning of Emergency.        An emergency is a more extensive and serious crisis in which the whole
nation is involved.
  
b.         Source of Emergency Powers.           The American Constitution is silent about the emergency powers
of the president but the president can exercise certain powers during emergency. The Supreme Court has held
that emergency does not create powers nor does it increase powers already given by the Constitution. But the
congress can confer upon the president many powers which he may exercise at the time of emergency.
 
c.         Kinds of Emergency. President may proclaim two types of emergencies
 
(1)               Limited emergency.
(2)               Unlimited emergency
 
d.         Limitation on Emergency Powers.    The President has to act within the limits set by the constitution,
otherwise his actions can be declared invalid by the Supreme Court.
7.
Impeachment of President.    According to Section IV of Article II of U.S Constitution the President shall be
removed from office on impeachment for and conviction of treason, bribery or other high crimes and
misdemeanors.
 
a.         Procedure of Impeachment.  The house of representatives adopt by resolution, articles of
impeachment charging the president with certain high crimes and chooses leaders to directs the prosecution
before the senate which acts as judicial tribunal of impeachment. The Senate may convict the president by two
third majority of its member present and voting. President Johnson was the only President against whom
impeachment procedure was adopted but even he could not be convicted.
8.
Conclusion.     That the President of America, is one of the most powerful personalities in the present day
International world. As john Kennedy says.
            “It is the President who has the decide when to lead the congress, when to consult it and when to act
solely”.
 
 
 
 
Q -10:

 Discuss the details of the practice of judicial review in USA? OR

 Explain judicial review under US Constitution?

A-10:
 
1.
Introduction: -            The supreme court of the USA has the power to review and declare any act of the
President or any law passed by the congress as null and void if it contradicts with the provision of the
constitution. In the words of Max Lerner "Judicial Review is presumably Americas most beautiful and
original gift to the art of Government". The constitution has not expressly given this power to it but the
supreme court has acquired it through its own interpretation of the constitution.
2.
Meaning of Judicial Review According to Black's Law Dictionary.    "Judicial review is a court's power to
review of actions of other branches or levels of government, especially the court's power to invalidate
legislative and executive actions as being unconstitutional".
3.
Judicial Review in US Constitution. The constitution of US has not expressly granted the power of judicial
review to the courts but it seems to grant it indirectly in its provisions.
a.         Article III Section 2.  The judicial power shall extend to all cases in law and equity, arising under this
constitution.
b.         Article VI.       This constitution and the law of the united states which shall be made in pursuance
thereof and all treaties made or which shall be made under the authority of the united states shall be the
supreme law of the land and the judges in every states shall be bound thereby, anything in the constitution or
laws of any states to the contrary notwithstanding".
4.
Origin of Judicial Review.     The power of judicial review was exercised by the court for the first time in
1803 in the following case:-
MARBURY VS MADISON (1803)
a.         Facts of Case.                       
            (1)        Marbury was appointed as a justice of peace in the district of Colombia by             president
Adams on the last day of his office, but the commission could not             be delivered to him.
(2)        The next president Jefferson and his Secretary of state, Madison refused to delivery the commission to
Marbury.
(3)        Marbury petitioned to the supreme court for a write of mandamus under the judiciary Act of 1798.
b.         Decision of the Case.             The supreme court presided by John Marshall held that Marbury was
entitled to commission but it had no authority to grant a writ of mandamus because the provision of the
judiciary Act of 1789 which empowered the supreme court to issue write of mandamus was in violation of the
constitutional provisions of Article III and to this extent this act of congress was null and void.
c.         Brief Arguments of Chief Marshall.
            (1)        The constitution is the supreme law of the land and that the judges are    bound             to give
effect to it.  
(2)        Any law passed by the congress which was opposed to any provision of the constitution was null and
void and was not binding on the court.
(3)        It was the duty of the court to declare any law illegal and void if it violated nay provision of the
constitution.
5.
Scope of Judicial Review.     
a.         Judicial review applies to federal and states laws.
b.         It also applies to constitution of the state.
c.         It also applies to treaties made by the federal Government.
d.         It also applies to orders issued by the federal and the state executive authorities.
6.
 Reasons for Exercise of Judicial Review     Following are the reason for the exercise of powers of judicial
review:-
a.         To keep the congress and the President within the limits of their powers.
b.         To enlarge and strengthen the authority of Federal Government.
c.         To defend the rights of property.
d.         To defend Civil Liberties and rights.
7.
Exercise of Judicial Review in Judicial Field.          Following things are essential for the exercise of judicial
review: -
a.         There must be two parties to a dispute come before the court.
b.         The decision turns on the provisions of a particular statue.
c.         The provisions of a statute must be invalid such as against the constitution.
8.
Importance of Judicial Review.         The importance of powers of judicial review lies in the fact that due to
this power the supreme court has become the guardian of the constitution and has played a vital role in its
development. It protects the constitution and its supremacy against the laws of the centre or the states which
conflict with or contravene its provisions.
9.
Criticism on Doctrine.            The excessive use of powers of judicial review has raised the criticism on
following points:-
a.         Supreme Courts Role as Supreme Legislature.       The critics contend that the supreme court has
expended its authority to such an extent as it has become a non-elective Super Legislature.
b.         One man Tyranny.     Judicial review may be the result of one man tyranny. Five judges may hold a
law unconstitutional and four may hold it valid. Thus the decision rests with one man who holds office for life
and is not responsible to the voters.
c.         Social Progress.         The decision of the supreme court on constitutional questions often clogs
(Blocks) the wheel of progress.
d.         Stress only on Legal Aspects.           The judges stress more on legal aspects and tend to overlook
other aspects such as social economic etc. while declaring law null and void.
10.
Conclusion.     The power of judicial review has not only made the supreme court a guardian of the
constitution but also a final arbiter (Judge, Authority) of all laws, acts and policies of the other two organs.
 
 
Q -11:

 Explain the Jurisdiction of the US Supreme Court? OR

 The USA Supreme Court has been instrumented in keeping the constitution upto date Explain?

A-11:
 
1.
Introduction: -            The Supreme Court of the United States in one of the most important organs of the
Government. It is ordained by the Constitution.
2.
Organization of the Supreme Court. The American constitution does not fix up the number of the Judges of
the Supreme Court. At first, it consisted of one Chef Justice and five Associate Justices but since 1869, it has
consisted of one Chief Justice and eight Associate Justices, i.e, nine in all.
3.
Appointment of Judges.         The Judges of the Supreme Court and other federal courts are appointed by the
President with the approval of the Senate. Judges of the Supreme court have been known politically to be
Democratic or Republicans; their judgments have also been influenced by their party ideology. But they have
never had active party affiliation after appointment on the Court.
4.
How Cases May Come Before the Supreme Court.            Cases may be brought before the Supreme Court
in either of two ways by original suit or by appeal. The constitution confers on the court only original
jurisdiction and appellate jurisdiction has been conferred by acts of Congress.
5.
Jurisdiction of the Supreme Court.               Judicial power of the court extends to all the cases in law and
equity arising under the US constitution, the laws of the United States and treaties made under their authority.
The jurisdiction also extends to all cases affecting ambassadors or other public ministers and consuls, to all
cases of admiralty and maritime jurisdiction.
 
a.         Original Jurisdiction. In the original jurisdiction of the Supreme Court that is, authority to hear cases
in the first instance is limited by the constitution to cases involving ambassadors and other diplomatic agents
and cases to which the union and a state or states are parties. The supreme Court has original jurisdiction in
such cases also where the validity of any national or state law is questioned.
 
b.         Appellate Jurisdiction.           The appellate jurisdiction of the Supreme Court is by far the largest part
of its functions. This is made up of cases appealed from the lower federal courts and from the state courts. The
appellate jurisdiction of the Supreme Court has been determined by the Acts of the Congress.
6.
Role of the U.S Supreme Court.       The U.S Supreme Court has played a vital role in evolution and
development of the American political system.
 
a.         Through its power of judicial review it has protected the constitution from being violated and check-
mated the monarchical ambitions of the President and recklessness of the Congress.
 
b.         Though its power of issuing writs, it has safeguarded the rights of the people from al sorts of
encroachments.
 
c.         Through its interpretation, it has updated the U.S Constitution, to meet the changing needs of the times.
7.
Powers of the Supreme Court.          Article III of the Constitution provides, “Judicial power of the United
States shall be vested in one Supreme Court”. The area of the court power includes.
  
Judicial Review.         The most effective power in the hands of the Supreme Court is judicial review. The
American Constitution did not expressly give the power of judicial review to the Supreme Court; it acquired it
in the case of Marbury vs. Madison. The Supreme Court has may times used its power of judicial review and
declared many laws passed by the Congress as unconstitutional and hence null and void. Due to this, the
Supreme Court is called ‘the Super legislature.’
 
Power of Statutory Interpretation.    The supreme Court of the U.S.A has the power to interpret the statutes
or laws passes by the Congress. In many cases, the Congress passes the law in an ambiguous manner leaving
the responsibility of interpretation to Courts or executive. This is done because of the political pressure as
some times Congress has to pass law in which it cannot compromise the diverse interests of the people or
pressure groups.
 
Boundary Maintenance.        Another power of the Supreme Court is to maintain the boundary among
different institutions. The supreme Court settles the issues involving activities on the perimeter of the
legitimate and accepted domain of particular institutions as might occur in the relationship between the
President and Congress or between National government and State governments.
 
Conclusion.     The U.S Supreme Court enjoys the most prestigious position in the judicial set-up. It interprets
not only the Constitution but also judges the validity of the law of the Congress, the administrative policies and
executive decrees in the light of the Constitution. It can declare any of these invalid if found repugnant to the
Constitution.
 
 
OPTIONAL QUESTION BUT IMPORTANT
 
 
Q -12:

 Fundamental Rights are Guaranteed under the USA constitution. Discuss?

Q -13:

 Explain Following: -
 Bill of Rights
 Marbury VS Madisen

Q -14:

 Discuss the theory of Law making? OR

 Discuss the due process of Law under US Constitution? OR
 What do you mean by "Bill of Committee" and " Bill of Calendar" how are the bills on
calendar disposed off?
31