Constitution of USA

American constitution is the oldest written constitution which has served as the model for a number of other constitutions of the modern world. The basic principles of this constitution were inspired by the “thinking of Rousseau, Montesquieu and John Locke." It manifests two basic concepts:

a) The framers of the constitution never intended to establish a very domineering central government as it would threaten, they thought, the autonomy of the component units.
b) They wanted limited sphere of state action in order to protect property rights.

The principle of “Separation of Powers” was also incorporated in the constitution under the influence of Montesquieu’s thought.

Preamble:
The Preamble of the constitution signifies the theory of Popular Sovereignty, as it is not granted by any person rather American people are regarded as the source of all authority.

Features of Constitution

1. Written Constitution:
American constitution consists of a brief document comprising a preamble and seven articles in all. Only twenty seven amendments have so far been made. Despite its written form, the constitution also includes certain unwritten parts.


2. Rigidity:
The constitution is rigid one and the framers prescribed a very difficult and cumbersome procedure of its amendment so that any government may not alter it easily for timely gains or under the turbulence of popular thinking.


3. Supremacy of the constitution:
The constitution stands supreme over all citizens, institutions and all branches of government, federal as well as regional. No institution of government is authorized to make a law or chalk out a policy that is against the constitution.


4. Limited Government:
The constitution eliminates all possibilities in respect of concentration of powers in any branch of the government, and all have to function within constitutional restraints. The constitution prescribes certain matters in which neither the federal nor state governments can interfere.


5. Separation of Powers:
Montesquieu’s theory of “Separation of Powers” weighed heavily on the minds of the framers. They incorporated this principle in the constitution and thereby demarcated the jurisdiction of all the three branches of government. But this separation was not of water tight compartments; a system of “Checks and Balances” was also evolved, as Montesquieu himself never contemplated a rigid Separation of Powers.


6. Federal System:
It was not a matter of choice at the time of drafting the constitution to opt for any other system than the federal one, as the components states were not willing at all to surrender their autonomous status. The Confederal experience had already flopped. Consequently, a federal set up was evolved which could secure an effective central government along with autonomous regional governments.


7. Presidential Form:
The framers had full perception regarding the weakness of the confederation in the past. The underlying purpose of introducing presidential for of government was to have an effective and stable executive. The president is indirectly elected by the people for four years and is accountable to them. The Congress can remove him from his office only through impeachment. The president can be re-elected for another term. The president appoints his ministers who are individually accountable to him and they are not the members of the Congress.


8. Bi-Cameralism:
American Congress consists of two chambers. Senate is the upper House while the name of the lower House is the House of Representatives. Senate has been constituted on the basis of equal representation of all states. The lower House is a popular chamber directly elected by the people and comprises 435 members. Both chambers have been given equal powers in the constitution. House of Representatives commands somewhat superior position in financial legislation in the sense that all money bills originate in this chamber. The Senate is fully authorized to propose an increase or decrease in estimates for expenditure or in respect of proposals for raising funds.


9. Judicial Review:
An important feature of the American Constitution lies in the important role of the courts, especially relating to their power of Judicial Review. The constitution stands paramount over the whole state apparatus, while the Supreme Court exercises the authority to interpret it. It is the duty of the Supreme Court to see that all institutions perform their respective functions within the constitutional limits.


10. Fundamental Rights:
Fundamental Rights were not given constitutional guarantees in the original documents. These were incorporated immediately after its implementation. It was through first ten amendments in the Constitution in 1791 that a Bill of Rights was incorporated in the Constitution which was also made judiciable. All fundamental rights are given constitutional protection, such as right to life, right to personal security, freedom of conscience, right to property, freedom of expression, protection against unlawful detention, trial by jury, right to family life, etc.


11. Impeachment:
Public officials and persons holding any political office can be removed from office on the conviction of treason, bribery or other high crimes and misdemeanors. The House of Representatives brings charges of misconduct by voting a bill of impeachment. The accused official is tried in the Senate, with the Chief Justice of the Supreme Court presiding at the trial.