SALIENT FEATURES OF THE USA CONSTITUTION

Introduction:

The constitution of the United States 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 nor new invention in political science.
In fact 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 27 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
209 years it has been in operation and only 27 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 center and the federating units. The constitution enumerates
(lists or specify) the powers of the center 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 Rights. 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.
 LEGISLATIVE BRANCH
(Article-I)
Introduction
Article I of the United States Constitution established the legislative branch known as the
Congress. Congress enacts laws that influence the daily lives of all Americans and is intended to
serve as the voice of the people. Its responsibilities include funding government functions and
programs, holding hearings to inform the legislative process, and oversight of the executive
branch.

Congress is a bicameral legislature divided into two equal institutions: the House of
Representatives and the Senate. Each state sends elected representatives and senators to Congress.
Although the House and the Senate are structured differently and have their own roles and
responsibilities, they work together to pass legislation. No bill can become a law without passing
both houses of Congress.

Powers of Congress

At the Constitutional Convention in 1787, the framers of the U.S. Constitution sought to
build the foundations of a strong central government. But they also wanted to preserve the liberty
of individual citizens, and ensure the government didn’t abuse its power.

To strike this balance, they divided power between three separate branches of government:
the legislative, the executive and the judicial.

Article I of the Constitution established the U.S. Congress, a bi-cameral legislative body
consisting of two chambers, or houses. As shown by its prime spot at the beginning of the
Constitution, the framers initially intended the legislative branch—which they saw as closest to
the people—to be the most powerful of the three branches of government.

But as the powers of the presidency and the executive branch expanded during the 19th
and 20th centuries, the relative power of Congress diminished, though it still remains essential to
the functioning of the nation’s government.

Composition and Functions of Congress

 Senate
 House of Representative
 House of Representative

Introduction

The House of representatives is the lower House in US congress and if the senate is House
of the state, the House of Representatives are the House of people. The framers of the constitution
intended the House of represent the multitude (Huge Number), the common people.

Composition.
Originally, the house of representative consisted of 65 members only. With the passage of
time and the growth of population the strength of the House began to increase. However the same
has been finally fixed at 435 by an Act of 1929.

Election & Tenure of Office.

The representatives are elected for a short term of two years. They are elected by the
people through adult franchise. Tenure of the House can neither be increased nor decreased.

Qualification for Membership.

In order to be eligible to become a member of the House of Representatives:-

 The candidate must be at least 25 years of age.

 He must be a citizen of America.
 He must be a resident of America for at least seven years.
 He should be a citizen of the state from which he is seeking election.
 He must not hold any office of profit under the government of USA.

Presiding Officer.

The House of Representatives is presided by a speaker which is chosen by its members,

when the new congress meets for the first time. He often takes part in the debate & favors the party
he belongs. Infect he is the leader of majority party and he is not a neutral person.

Sessions
The House of representative meets at least once in every year. The president may however
call a special or extra ordinary session of the House.
Privileges of the Representatives.
The Members of the House of Representatives are entitled to the following privileges:-
 They enjoy of freedom of expression on the floor of the House.
 They cannot be questioned in a court of law for anything said in the House.
 They are exempted from impeachment.
 They are paid regular salary which is free from income tax.
 They are entitled to raveling allowance to attend the sessions in addition to other
allowances permissible under the rule.

Powers and Functions.

Since USA has a presidential form of Government. Its lower chamber does not play that
vital role, which a lower house in a parliamentary form of Government is expected to play. The
power of House of Representatives are as under:-

Legislative Powers.
It enjoys co-equal and co-ordinate authority with the senate in the domain of legislation
ordinary bills can be initiated in either of the chambers.
Financial Powers.
The constitution specifies that the revenue bills must originate in the house of
representative.

Executive Powers.
The only executive power the house possesses is that along with senate it can declare war
and conclude peace.

Judicial Powers.

The House of Representatives participate in impeachment cases as it is empowered to

frame charges against the President or other civil officers.
Constitution Amending Powers.

The house participates in the amendment of the constitution. The proposals for amendment
are too made by 2/3 majority in both the house of the congress.
Electoral Powers.

It decides the election of the President when no candidate secures an absolute majority of
votes. It elects one out of three candidates securing the highest votes.
Weak House
House of representatives is a weak house. It plays a second fiddle to the upper chamber,
the senate. Following are the reasons or causes of the weakness of the House of Representatives:
Powerful Role of Senate.
Unlike the other countries, the upper house the senate enjoys co-equal powers in the
sphere of legislation and finance and is dominated by it.

No Executive Control.
The executive is neither responsible to the House nor does it spring from it.
Short Term.
The tenure of two years for the House is very short. The members are too much engrossed
(engaged) in their election campaigns because of the shorter term.
Large Membership.
The membership of the House if very large and because of it here is a time limit on the
speeches.
Direct Election of Senate.
The direct election of the senators also detracts the popular character of the House which
is otherwise the privileges of lower chamber.
Limitation on Freedom of Speech.
The debates in the House are limited unlike senate where freedom of speech is allowed
which enables the senators to do more justice to the debates.
No Leadership.
Unlike the House of Commons there is no leader of the House of Representatives and a
spokesman of the Government from whom may emanate (Originate) the national policy.

Conclusion.
To conclude I can say that the house of representatives represents the various sections of
America as it has a large membership. As compared to senate, it has less authority which makes it
a weak house.
 Senate

Introduction.

The Senate is the upper chamber of the American Congress. It is a ‘very real and living
force’ in the American political system. The Senate has been organized on the basis of parity of
representation of all States. Every State, whether big or small, sends two representatives in the
State. No State, according to the Constitution can be deprived of equal representation in Senate
without its consent.

Composition.

The Senate is composed of only one hundred (100) members. Each State, irrespective of
population and, or, area, sends two representatives to the Senate.

Qualification for Membership.

A person must possess certain qualifications to become of Senate. Viz.,

1. He must be thirty years of age.

2. He must be inhabitant of the State from where he intends to contest the election.
3. He should be resident of America for at least nine years.

Method of Election.

Prior to 1913, the Senators were elected by the State legislatures but in that year the
constitution was amended. The 17th amendment provided that the senators shall be elected by the
people of the State directly. Thus, the Senators are directly elected by the people through universal
suffrage.

Tenure of Senate.

The Senate is a permanent body and is not subject to dissolution Every Senator is elected
for a term of six years and one-third of the total number of Senator retires every two years.

Privileges of Senators.

The Senators are guaranteed the same privilege and immunities as are guaranteed to the
members of the House of Representatives. However, the Senators enjoy some special privileges in
addition to the routine on. Viz.
 1. Members of the Senate cannot be removed by impeachment.
2. They cannot be arrested during the sessions, save on the charge of gross misconduct,
treason or threatening public peace.
3. The Senators enjoy unrestricted freedom of speech in the House. Any Senator can speak
on any issue or any bill for any length of time. He may talk, even, on a bill over to death.
This technique is termed as Filibustering.

Sessions

The constitution requires that both Houses of the Congress must meet at least once a year.
The President, however, can summon special or extra-ordinary sessions. The sessions of both the
House began and end simultaneously.

Composition of Senate.

Presiding Officer

The Vice President of the United States is legally the Presiding officer to the Senate. In the
absence of the Vice-President the Senate is presided over by ‘President Pro-tempore’, who is a
member of the majority party. The President Pro-tempore is elected by the Senators from among
themselves.

Committee.

Most of the work of the Senate is done by its committees consisting of its members.
Chairmen of the committees are always senior members. All questions before the Senate are
referred to the appropriate committee for its advice & opinion.

Powers and Functions.

The senate shares equal powers with the House of Representatives in respect of legislation,
while it shares with the President certain administrative powers.

Legislative.
The Senate enjoys vast legislative powers. It has equal power in ordinary legislation with
House of Representatives except that a Money Bill must originate in the House of Representatives.
However, the Senate can amend a Money Bill as much as it like.
Executive Powers

Aid and Advice the President.

The Senate provides aid and advice to the president in the discharge of his executive function.
High Appointment.
All high Appointments made by the president are subject to the consent and advice of the senate.
Control the Internal Administration.
The Senate controls the internal administration of the country.
Investigative Power.
The Senate appoints committees on investigation for the purpose of finding out result of the
Administration of the president.
Electoral Power
Election of the Vice-President. The senate decides the vice-presidential election when no
candidate gets an absolute majority of votes in the election.
Judicial Powers
Court of Impeachment. Senate is court of impeachment of president Vice President and other
high officials in America.
Appointment of Judges. The Judges of the Supreme Court are appointed by the president with
the consent of the Senate.
Senate, the Powerful Second Chamber of the World.
Senate is the most powerful second chamber of the world. Senate is a powerful body. It has
powers, functions, and influence which are possessed by no other second chamber in the world.
Causes of the Strength of Senate.
Causes of the strength of the Senate are as under:-
Direct Executive Powers.
The Senate is only legislative organ in the world which has direct executive powers.
Small Membership.
The membership of the Senate is small. It consists for the term of six years.
Long Tenure.
The tenure of the house is long senators are elected for the term of six years.
Senior Politicians.
The Senate consists of Senor Politician of the country.
Direct Election.
Constitution of the U.S.A has provided for direct elections of Senator by the people of USA.
Freedom of Speech.
The Senators have freedom of speech. A senator can go on speaking for any length of time. Can
go on speaking for any length of time.
Solidarity.
The members of the Senate have solidarity and great unity which make the senate the powerful
organ.
Representation of the People.
The Senate is the representative of the people in the USA.
Representation of the States.
The Senators represent the states as political unit because members of the senate are elected on
the basis of entire population of the states.
Special Powers.
The Senate has special powers which strength it value.
 Executive Branch

(Article-II)
Introduction
The executive branch is one of three primary parts of the U.S. government—alongside the
legislative and the judicial branches—and is responsible for carrying out and executing the nation’s
laws. The president of the United States is the chief of the executive branch, which also includes
the vice president and the rest of the president’s cabinet, 15 executive departments and numerous
federal agencies, boards, commissions and committees.

Article II of the Constitution specified that a President—who is in charge of the executive

branch—should be elected to a term of four years. According to its terms, only natural-born
citizens of the United States of at least 35 years of age, who have lived in the United States for at
least 14 years, are eligible for the nation’s highest executive office.

Only one President in U.S. history—Franklin D. Roosevelt—has served more than two
terms in office. In 1951, six years after FDR’s death during his fourth term, Congress ratified the
22nd Amendment, which limited presidents to two terms. This restriction serves as an additional
check on the power of any one person over the nation’s government.

The Vice President is also elected to a four-year term, but vice presidents can serve an
unlimited number of terms, even under different presidents. The president nominates members of
the Cabinet, who must then be approved by at least 51 votes in the Senate.

USA President

The U.S Constitution provides for the presidential form of Govt. the farmers of the U.S
Constitution spent a lot of time in deciding upon the method of electing the president. After a good
deal of discussion they adopted a plan of indirect election of the President by Electoral College
which is now embodied in Article II, sections 1, 2 and 3 of Constitution.

Qualifications for the President.

The Constitution imposes three tests on a candidate the presidency.

 Age. A candidate must not be less than 35 years of age.

 Citizenship. A candidate must be natural born citizen of the U.S.A.

 Residence. He has resided in the country for at least 14 years before his election
  He is not a member of the congress.

Mode of Election.

The mode of election of U.S President is the indirect on the constitution provided that the
president should be elected by an electoral college consisting of as many presidential electors as
is the number of members in both the House of the congress.

Stages of Presidential Election.

In practice there are following stages of the election of U.S President.

Nomination of Presidential Candidates.

The candidates are the presidency are nominated by the parties. Since 1832, the two major
parties i.e. the Democrats and the republicans have established the practice of choosing their
representatives at national conventions.

Campaign.

After the nominations of the Presidential Candidates and their subsequent election by their
respective party conventions, nation-wide presidential campaign starts.
The parties set up national and states committees and open headquarters in two great cities.

Each party issues a campaign text-book which contains the party platform, the biographies of the
candidates and other material required for propaganda purpose.

Nomination of Presidential Electors.

The next stage is nomination of the presidential electors in the several states. These electors
are important party leaders.

Election of Presidential Electors.

The next stage in the Presidential election falls in November of the election year when
presidential electors are to be elected. Section I of the Article II of the Constitution of U.S.A deals
with the election of presidential electors (Electoral College)

Number of Presidential Electors.

The Electoral College consisting of as many presidential electors as is the number of
members in both the House of the congress. At present there are to be 538 members in the Electoral
College as the House of representative and senate consist of 438 and 100 members respectively.
Representation Made by Each State.
Each state is to appoint as many electors as, it has senator and representatives in the
congress.

Method of Election.

The method of election of Presidential electors has been left to be determined by the state
legislature concerned. To begin with, they were elected by the state legislature, now they are
elected by the people of the state concerned.

Election of President by Electors.

The Presidential electors meet in the capital of each state on the first Monday after the 2nd
Wednesday in December and record their votes for the Presidential candidates.

Voting.

A certificate of election is then sent to the chairman of the senate by each state on 6th
January, the congress meet in a joint Session, where votes are counted. The person securing an
absolute majority of votes is declared elected. To secure absolute majority, a candidate must
receive 270 of 538 votes.

Installation.
After his election, the new president is installed into office on January 20 of the ensuring
year by taking the oath of office.

Term of Office.
The presidential term is four years and according to the 22nd amendment a president can
stand for re-election only once.

Salary of President.

The US president receives a salary of $ 200000.00 a year and extra $50000 for expenses,
occupies an official resident and enjoy other privileges such as travel and official entertainment
allowances.

Succession.
If the office of president falls vacant due to his death, resignation, impeachment or inability
to discharge the powers and duties of the said office the vice president succeeds to his office for
the remaining period of his term.
 Powers and Role of US President

Sources of Powers of President.

Following are the sources from where the president of the US derives his power and
authority:-
 Constitution
 Statutes of Congress
 Supreme Court decisions
 Usages and customs

Powers of US President. The power of US president can be classified under following heads.

a. Executive Powers. The Constitution has vested the executive powers in the President,
but it is mainly silent on questions of ways and means of exercising it, except in a few respects.
Different aspects of President’s executive powers are as follows.

(1) Enforcement of Law. The President is responsible for the enforcement of Constitution
and the laws which are made by the Congress. In case of resistance, the president has the power
to use force.

(2) Powers of Appointment. Article II of U.S Constitution gives the list of the appointments
to be made by the President with the advice and consent of the senate, however all inferior
appointments can be made by the president alone.

(3) Power of Removal. The Constitution is silent about the question of removing the officers
whom the President appoints. There was a dispute whether it should be exercised by the President
alone or with the advice and consent of the Senate but this dispute was settled by the Supreme
Court of U.S in Myer’s case.

“MYERS VS UNITED STATES (1926)”

(4) Chief Administrator. The President is the head of the National Administration. He has
the power to supervise its operations and has the right to control the entire administration.

(5) Military Powers. The President is the Supreme Commander of the armed forces of
the united States, and he is responsible for the defence of the United States. He is fully authorized
to deploy the armed forces anywhere in and out of the country.
“MARTIN VS MOTT (1827)”

b. Legislative Powers. Under certain conventions, President’s role in legislation becomes

extensive while the congress has itself appreciated the legislative role of the President.

(1) Messages. President can send messages to the Congress Conveying his proposals on
important issues. Such proposals from the president are given full consideration during legislation.
The famous message to congress include President’s Wilson 14 points.

(2) State of the union Address. The opening address of the president at each Session of
Congress is known as the state of the union message.

(3) Convening Extra Session of the Congress. The President can’t Summon ordinary
Sessions of the Congress but can summon its extra ordinary Sessions under Special Conditions
like when emergencies arise.

(4) Veto Power. The president can exercise has veto power in the legislative field. There are
following kinds of veto power.

(a). Suspensive Veto. According to it, he can return the bill to the Congress for reconsideration.
If the bill is passed by 2/3 majority of the congress, it shall become law without the president’s
consent.
(b). Pocket Veto. In case, the Session of the Congress adjourns before the expiry of ten days
while the bill has not been approved by that time, it will die termed as pocket veto.

(5) Director Pressure on the Congress. The President is the leader of the nation. When his
efforts to convince the House prove futile, he make a bid for a popular support.

c. Judicial Power. A President enjoys the following judicial powers.

(1) Appointment of Judges The President appoints judges with the approval of the Senate.

(2) Power of Pardon and Reprieve. The President has the power to grant pardon and
reprieves. A pardon is a release from liability of punishment. It may be absolute or conditional.

d. Financial Power. Following are the financial power of the President.

(1) General Manager of Financial Affairs. The President of America is the General
Manager of Financial affairs of the Government. He directs and control finance affairs.
(2) Control over Budget. Federal budget is prepared by the bureau of Budget under
the Supervision of the President. The budget so submitted by the President Serves as a guide to
legislative action on annual appropriation for Government activities and programs.

e. Power in Foreign Affairs

Following are the Powers of President in relation with Foreign affairs.

(1) Diplomatic Power. American president has been regarded as the Chief Spokesman of
America in its relations with Foreign Governments. The most important function of the President
is to formulate foreign policy, which revealed in presidential messages and speeches.

(2) Recognition of States. The President has the authority to recognize countries and
governments. This he does simply by receiving diplomatic representatives of the countries
concerned.

(3) Treaty Making Power. The president has the power to make treaties with other
governments with the ratification of two thirds majority of Senate.

(4) Agreement Making Power. The President can make agreement with foreign states and
it is not subject to ratification of Senate.

(5) Declaration of War. The American President has power to declare war with the
consent of congress.

Emergency Powers

Meaning of Emergency. An emergency is a more extensive and serious crisis in which the whole
nation is involved.

Source of Emergency Powers. The American Constitution is silent about the emergency
powers of the president but the president can exercise certain powers during emergency. The
Supreme Court has held that emergency does not create powers nor does it increase powers
already given by the Constitution. But the congress can confer upon the president many powers
which he may exercise at the time of emergency.

Kinds of Emergency. President may proclaim two types of emergencies

(1) Limited emergency.

(2) Unlimited emergency

Limitation on Emergency Powers. The President has to act within the limits set by the
constitution, otherwise his actions can be declared invalid by the Supreme Court.
 Impeachment of U.S President.

Impeachment is a formal charge of wrongdoing, not a conviction of that wrongdoing. For

example, if you’re charged with shoplifting, you’re not automatically guilty of shoplifting. You
are entitled to a trial. Impeachment proceedings work the same way: An impeachment does not
mean a president is immediately removed from office; it is simply the formal process for charging
a president for possible official wrongdoing. If convicted, they are then removed from office (and,
in theory, can then face separate criminal charges if warranted).

The Constitution charges the House of Representatives with the “sole power” to
investigate, and if necessary, impeach a president by charging them with committing “Treason,
Bribery, or other High Crimes and Misdemeanors.” Once the House of Representatives votes and
passes Articles of Impeachment against the president, the president is then entitled to a trial. Once
impeached, the accused president is tried by the full Senate, which is presided over by the Chief
Justice of the Supreme Court. If convicted by a 2/3 majority, the president is then removed
from office.

After taking the oath of office, the vice president then becomes president. An
important thing to remember about the process of impeachment: Impeachable offenses
are not limited to actual illegal activity; because of the broad language regarding
impeachment in the Constitution, what constitutes an “impeachable offense” is an
inherently political question. As Gerald Ford once put it: “An impeachable offense is
whatever a majority of the House of Representatives considers it to be at a given
moment in history.”

According to Section IV of Article II of U.S Constitution the President shall be removed from
office on impeachment for and conviction of treason, bribery or other high crimes and
misdemeanors.

Procedure of Impeachment.

The House of Representatives adopt by resolution, articles of impeachment charging the

president with certain high crimes and chooses leaders to direct the prosecution before the senate
which acts as judicial tribunal of impeachment. The Senate may convict the president by two third
majority of its member present and voting. President Johnson was the only President against whom
impeachment procedure was adopted but even he could not be convicted.
Conclusion. That the President of America, is one of the most powerful personalities in the
present day International world. As john Kennedy says. “It is the President who has the decide
when to lead the congress, when to consult it and when to act solely”.