INTRODUCTION
The US Constitution is a written document. The American Constitution is to be found in the documents prepared in 1787, ratified in 1788, and enforced in 1789, and also in the amendments made occasionally. The critical constitutional decisions the Supreme Court makes are also a part of the American Constitution.
GROWTH OF THE CONSTITUTION
As initially framed by the Philadelphia Convention, the Americthe American Constitution is very brief. It consisted of a preamble and seven Articles. However, the Constitution has been growing for more than 200 years. The American Constitution has developed in the following ways;
1. BY THE LAWS PASSED BY THE CONGRESS:
The American Constitution has been developed by the laws passed by the Congress & the State legislatures. The Constitution, as originally drafted, was merely a skeleton, and the details were left to be filled in by the Congress and the State legislatures.
For example, the Constitution merely refers to the Supreme Court of America, but the details were left to Congress; likewise, the creation of the other Federal Courts was also gone to Congress. The result was that The Judicial Act of 1789, passed by Congress, laid the foundations of the judicial system of the USA.
2. CONSTITUTIONAL DEVELOPMENT BY THE EXECUTIVE:
The Executive has also developed the American Constitution. Presidents like Washington, Jackson, Lincoln, and Roosevelt have influenced the Constitution in many ways. The Constitution does not provide for any Cabinet of the President, but George Washington created it, and the same has grown over time.
3. DEVELOPMENT USING CONVENTION:
The Constitution has also been developed using conventions. These conventions deal with the election of the President, growth of the Cabinet, growth of the party system, re-election of the President, Senatorial Courtesy, etc. For example, appointments are made by the President with the approval of the Senate.
The Constitution provides that a candidate would be an inhabitant of the State he will represent. Still, a convention has grown that he should also be a resident of the constituency from which he is contesting his election.
4. DEVELOPMENT BY CONSTITUTIONAL AMENDMENTS:
The Constitution has also grown as a result of the constitutional amendments which have taken place from time to time. There have been only twenty-six (26) amendments so far.
The first ten amendments were made soon after the Constitution was promulgated. These are known as the Bill of Rights and are related to the fundamental rights of citizens of the State.
The remaining amendments deal with several subjects, such as prohibition, female suffrage, abolition of slavery, direct election of the Senators, restriction on the re-election of the American President & so on.
5. DEVELOPMENT BY JUDICIAL DECISIONS:
The Supreme Court of America has also played an essential part in the growth of the Constitution. This has been done by giving different interpretations to the Articles of the Constitution. It is rightly pointed out that to provide a phrase with a new understanding is to give it a new meaning, and to give it a new purpose is to change it.
6. OTHER FACTORS FOR CONSTITUTIONAL DEVELOPMENT:
Following are some other factors that contributed to the development of the constitutional structure.
1. The emergence of Political Parties:
The emergence of Political parties in the early period is a matter which is not clear as these could be termed merely political groups; soon, their emergence became inevitable. At present, the parties bridge the gulf between the national government and the State governments on the one hand and between different branches of government on the other.
Credit goes to the parties to tone down the rigidity of the Division of Powers and that of the Separation of Powers, i.e., two essential principles of the Constitution.
2. The emergence of Interest Groups:
The emergence of interest groups also contributed to the evolution of constitutional institutions in their present form. These groups articulate their interest through lobbying. Most of the Bills passed by Congress are shaped under pressure politics.
CONCLUSION
The US Constitution is not stagnant, unchanging, and unprogressive. It has been changed, developed, modified, enlarged, and expanded by many hands in many ways.
FAQs
Discuss the Historical Evolution of the US Constitution and its current status.
(2019-A)
Explain the historical development of the US Constitution.
(2016-S)
How the American Constitution has been developed during the last two centuries?
(2012-A, 2007-A)
