INTRODUCTION
The US Constitution is the government’s primary instrument and the land’s supreme law. For two centuries, it has guided the evolution of government institutions and has provided the basis for political stability, social progress, and economic growth.
The present Constitution of the USA was adopted at the Philadelphia Convention held in 1787. It came into force in 1789 when it was satisfied by the minimum required number of states. It is the briefest Constitution in the world, which originally consisted of seven articles only.
During the period of 213 years, the Constitution has been amended many times. Hence the present Constitution of the USA consists of 7 articles and 27 amendments
DEFINITION OF CONSTITUTION
According to Collin’s Law Dictionary:
The Constitution of a country or organization is the system of law and rules that formally states people’s rights and duties.
SALIENT FEATURES OF THE AMERICAN CONSTITUTION
1. Supremacy of the Constitution:
The American Constitution is the supreme law of the land. It stands supreme over all citizens, institutions, and all branches of government, federal as well as regional. No institution is authorized to make a law against the Constitution.
2. Enacted Constitution:
The US Constitution is an enacted Constitution, unlike the British one, which is termed an evolved one. It was embodied in a document at the Philadelphia convention held in 1787.
3. Shortest Written Constitution:
The US Constitution consists of a brief document consisting of a preamble, seven articles, 27 amendments, 21 sections, and 4000 words. 27 amendments constitute the addition to the Constitution.
4. Rigid Constitution:
Due to the amendment procedure of the Constitution, the US Constitution is termed the most rigid Constitution in the world, as its procedure of amendment is very cumbersome and difficult. The rigidity of the US Constitution is obvious from the fact that during the period of 213 years, only 27 amendments have so far been made.
5. Briefest Constitution:
It is the briefest Constitution that any modern state has today. That is due to the fact that the framers of the US Constitution merely laid down the fundamentals and did not enter into the details.
6. Unwritten Status:
The US Constitution also has some unwritten status. The framers of the Constitution only made a Constitution capable of giving a starting point. They made a skeleton, which was to be supplied with flesh and blood by way of traditions, customs, and usages.
7. Federal Constitution:
The American system is a complete federal system. The Constitution provides all the features of the federal structure.
8. Presidential form of Government:
U.S. Constitution establishes the presidential form of government. The president is the chief executive, enjoys real powers and is independent of the legislature, and is not responsible to it. The US president is the head of state, and the government is elected through a specially constituted electoral college.
9. Separation of Power:
The US Constitution divided the powers into three departments i.e. executive, legislature, and judiciary. They are given constitutional and political independence from one another. The US Constitution assigns executive powers to the president, legislative power to Congress, and judicial power to Supreme Court.
10. Checks and Balances:
The U.S. Constitution provides powers to each organ in such a way that checks the powers of the other two organs.
11. Judicial Review:
The Supreme Court of the USA has the power to review and declare any act of the president or any law passed by Congress. It can also declare it void if the contradicts the provisions of the Constitution.
12. Republicanism:
There would be republicanism in the political structure of the U.S.A. Abraham Lincoln, one of the forefathers of America gave the idea of government as “Government of the People, for the people, by the people”.
Laws made by the legislature shall be supreme as it represents the will of the people. The people who made those laws are elected by the people themselves.
13. Federal Supremacy:
The laws made in pursuance of this Constitution shall be the supreme law of the land, and judges shall be bound to see any laws of the states contrary to it notwithstanding, so it declares that the Constitution is supreme. Still, the federal law also is supreme over the state law.
14. Fundamental Rights:
The fundamental rights were incorporated into the Constitution through several amendments. The amended USA Constitution guarantees the people fundamental rights of person, property, and liberty. These fundamental rights are enforceable through courts of the law.
15. Independence of Judiciary:
The president of the USA appoints the judges but has no power to remove them. According to Article I Section 6, only the legislature can impeach the Supreme Court judge.
16. Dual Citizenship:
An American is a citizen of the USA and the state wherein they are domiciled.
17. Bicameralism:
American parliament is known as Congress. It consists of two chambers, i.e., the Senate and the House of Representatives. Senate is the upper House, and the House of Representatives is the lower House. Senate has been constituted based on equal representation of all states, i.e. two from each state. Lower House is a famous chamber directly elected by the people and comprises 439 members with a ratio of one member for 30,000 people.
18. Universal Suffrage:
The US Constitution has given the right to vote to every citizen of the US who is 18 years old without any distinction of male or female. It is also a fundamental right, i.e. recognized by the Constitution.
19. Spoils System:
When the new president takes over the administration charge, he appoints fresh and essential federal government officials. This is known as the spoils system, as crucial jobs are distributed among the president’s henchmen or his party without considering the experience or talents of the men appointed.
20. Due process of Law:
The US Constitution prohibits the federal and state governments from depriving anyone of life, liberty, and property without due process of law. It also demands that the legislature and executive be reasonable at the centre and in the states.
21. Two-Party System:
Although the US Constitution does not determine the political party system, this organ developed with the changing conditions and conventions. Now, there is a robust two-party system functioning in the political scenario of the American system. The two parties are;
(1) Republicans
(2) Democrats
22. Secular Constitution:
There is no state religion of the United States given in the Constitution. Every individual can exercise their religious activities with complete freedom.
23. Sovereignty of the People:
The U.S. Constitution emphasizes the sovereignty of the people, which is clear from its preamble that ultimate authority has been vested in the people of the US through its preamble.
24. Democratic Constitution:
Every Constitution state has a democratic model of its own. Every state has been guaranteed safety against external aggression and also helps towards the internal disturbance.
25. Living Organ:
The U.S. Constitution is a living organ. It is in the shape of a document, and 27 amendments have been added. It walks parallel to the American people and suffices all the needs of their society according to the wishes of the American people and suffices all the needs of their community according to the wishes of the American people generally.
CONCLUSION
The U.S. Constitution features a system of government with three branches- executive, legislative, and judicial, to ensure checks and balances. It establishes a federal structure, protecting individual rights through the Bill of Rights and subsequent amendments. It outlines the process for creating and passing laws, including the amendment process. The Constitution serves as the supreme law of the land, guiding the nation’s governance.
FAQs
Discuss the Salient Features of the US Constitution.
(2017-A)
Explain in detail the salient features of the US Constitution.
(2019-A, 2016-A, 2015-A, 2011-S)
