Salient features of the USA constitution
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.
Salient Features;-
The salient features of the American Constitution are as follow: -
1) 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.
2) 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.
3) 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.
4) 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.
5) 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.
6)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.
7)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
8)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.
9)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.
10)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.
11)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.
12) 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.
13) 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
14) 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.
15) 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.
