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The Constitution of The Usa

The document provides an overview of the key features of the US Constitution, including that it is the oldest written constitution still in use today. It establishes several core principles, such as the separation of powers and system of checks and balances between the three branches of government. The Constitution can only be amended through a rigorous process, and only 26 amendments have been adopted in over 200 years. It also establishes a federal republic with power shared between the federal and state governments.

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0% found this document useful (0 votes)
391 views12 pages

The Constitution of The Usa

The document provides an overview of the key features of the US Constitution, including that it is the oldest written constitution still in use today. It establishes several core principles, such as the separation of powers and system of checks and balances between the three branches of government. The Constitution can only be amended through a rigorous process, and only 26 amendments have been adopted in over 200 years. It also establishes a federal republic with power shared between the federal and state governments.

Uploaded by

Osaed Rajput
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The constitution

of the United
States:
The constitution of the UnitedStates 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

Salient Features 
The salient features of the American Constitution are as follow: -  
 
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.

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.

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.

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.

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.

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.

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

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.

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. 

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 center and the federating units. The constitution
enumerates (lists or specify) the powers of the center and leaves
the residue of powers to be exercised by the federating states.

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.

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.
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.

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.

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.

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.

House of Representative
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.

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.

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.

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 least 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.

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.

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.
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.

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:-

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.

Financial Powers: - The constitution specifies that the revenue bills


must originate in the house of representative.

Executive Powers: - The only executive power the house


possesses is that along with senate it can declare war and
conclude peace.

Judicial Powers: - The House of Representatives participate in


impeachment cases as it is empowered to frame charges against
the President or other civil officers.

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.
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.

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: -

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.

No Executive Control: -The executive is neither responsible to the


House nor does it spring from it.

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.

Large Membership: -The membership of the House if very large


and because of it here is a time limit on the speeches.

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.

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.

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.

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.

Senate
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.
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.
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.
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.

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.

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.

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.

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.

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.

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 Advice the President.           The Senate
provides aid and advice 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.
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

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