@ naveed bhutto. i have heard one should not write a critical analysis of constitution as constitutions should not be criticised. kindly respond.


Q.3. What were the major flaws in the Articles of Confederation (the first constitution of the United States of America) that led to the Philadelphia Convention and the drafting of a new constitution? Discuss the salient features of the present constitution of the United States of America. (20)

Q.5. The American Constitution is a system of “checks and balances.” Discuss. (20)

Introduction:
u.s constitution is a unique chapter in the history of constitution making. It opeates well today as it did at the very time of its inception, some 200 years ago. The constitution was passed by the constitutional convention held in Philadelphia in 1787. The members of the congress had met to ammed existing articles of constitution, but instead started afresh and ended up with the U.s constitution.

Consitituition making
The constitution is a compromise of two ideals. There were two plans i.e Virginia plan and new jersey plan. Proponents of Virginia plan wanted the authority of congress to remain in the hands of the larger states, whereas the opponents or the advocates of new jersey plan wanted equal representation of all the states in congress. For many days, deliberations continued and finally a compromise was proposed in the form of “Connecticut plan”. The plan was advanced by Samuel Johnson. According to the suggestion it was decided that congress will consist of two houses i.e house of representatives and senate. There will be an equal representation of all the states in senate with two senators representing each state, whereas representation in house of representatives would be in accordance with the population.

Articles of confederation:

Before the u.s constitution was passed, the country operated under articles of confederation which gave more power to the states then the national government. the basic principle of the articles of confederation was to produce some sort of a constitution to defend the country against foreign intervention. Due to dissatisfaction arising from the articles of confederation, the members of congress decided to alter it. However, they ended up with the u.s constitution. Following flaws of the articles of confederation led to the creation of new constitution:

• Gave more authority to state:
Articles of confederation gave more authority to the state government then the national government. Although congress was allowed to raise an army, it had to seek permission from the state governments. Similarly, even if it wanted to generate revenue by raising taxes, it was dependent on the permission of the state governments.

• Single house congress: under the articles of confederation, there was no separation of power of the government. Hence, a congress of 6 governors existed.

• No separate executive: because of the absence of separation of power in matters of government, separate executive was absent.


• Judiciary was not independent: juidiciary did not exist independently. Infact, there was no office of judiciary.

• Weakness of centre: as articles of confederation had given more authority to the state government, centre was relatively weak. People would often protest against their state policies, but centre could do nothing in this regard.

salient features of U.S consituition
1. System of check and balance: the three branches of the government exercise check and balance over each other.
• Presidential check over judiciary
a) can appoint judges in case of vacancies

• Presidential check over congress
a) Right of veto
b) Can call upon special sessions of congress
c) Recommend legislation

• Congressional check over president
A) impeachment
B) appointment of president by senate approval
C) approves treaties

• Congressional check over judiciary
a) Impeachment
b) Right to appointment of supreme and high court judges

• Judicial check over executive
a) Passes validity of acts of president and federal offices

• Judicial check over congress
a) Judicial review

2. Written and brief: the constitution is written and brief consisting of 10 articles and 27 ammendments. It was designed as a skeleton which is effectively clothed by legislations and judicial reviews.

3. Rigid consitituion: the u.s constitution is perhaps the most rigid constitution as it can be amended only by a cumber some process.consequently, there are only 27 amendents. Often it takes a long time for an amendment proposed to be approved.

The process of ammemdment is possible only if 3\4 states ratify the proposal.

4. Federal in nature: the constitution is federal in nature. It grants certain executive, legislative and judicial rights to the national government
Federal nature of constitution:
• It reserves certain rights for state government
• It refuses certain rights to both state and national government, certain only to state and certain to national government
Personnel to each office would be held by a process and a term independent of the other.

5. Open sovereignty: the u.s constitution acknowledges human rights. It holds a concept of sovereignty of people called as popular sovereignty.

6. Supremacy of constitution: consituition is supreme. Neither state nor national government can override it.


7. Republican: the u.s should be a republican government with president as head of state.

8. Presidential: the form of government would be presidential. President is chosen by an indirect method, although in practice it is a real election. He cannot be removed by the congress during his 5 year tenure.

9. Separation of power: the government is divided into

• Executive
• Judiciary
• Legislative
Congress passess the laws which are enforced by the executive. In case of a deadlock between national and state government judiciary is the final judge.


10. Dual citizenship: the most unique part of the us constitution is that individuals hold dual citizen ship, one of the country and other of their respective state.

11. Spoilt system: according to spoilt system a president upon assuming the charge of office has the right to appoint ment of his own choice to higher offices. This system is linked to Andrew Jackson.


12. Independent judiciary: a fair, impartial and independent judiciary should be there.

13. Judicial review: this term refers to the interpretation of the constitution by the judiciary. judiciary has the right to declare any law as unconstitutional. Therefore, the study of constitutions is infact a study of judicial reviews.


14. Bill of rights: the foremost amendment to the constitution was the bill of rights which acknowledges the right of individuals of person,property and privacy among other civil rights.