Features of the American Constitution-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Features of the American Constitution-

Tanmoy Mukherji

Advocate

  

1. Written and Supreme Constitution

The American Constitution is a written document adopted in 1787 at Philadelphia and came into force in 1789. It is regarded as the supreme law of the land. Any law made by Congress or the States inconsistent with the Constitution is void. The supremacy of the Constitution ensures that all organs of government act within constitutional limits.

2. Brief yet Comprehensive Document

Although it deals with complex matters of governance, the Constitution is brief and elastic in language. It originally contained only 7 Articles, later expanded through 27 Amendments. Its general language allows courts to interpret it according to changing social, economic, and political conditions.

3. Federal Structure

The Constitution establishes a federal system where powers are divided between:

→Federal Government, and

→State Governments

Powers of the federal government are specifically enumerated (e.g., defence, foreign affairs, currency), while the remaining powers are reserved to the states under the 10th Amendment. This division maintains unity while preserving state autonomy.

4. Dual Polity and Dual Citizenship

The federal structure creates a dual polity, i.e., two levels of government operating independently in their respective spheres. Correspondingly, citizens enjoy dual citizenship—citizenship of the United States and of the State in which they reside.

5. Separation of Powers

The Constitution strictly separates governmental powers among:

→Legislature (Congress) – law-making

→Executive (President) – law execution

→Judiciary (Supreme Court) – law interpretation

Unlike parliamentary systems, the U.S. President is not a member of the legislature, ensuring functional independence of each organ.

6. Checks and Balances

To prevent misuse of power, the Constitution introduces a system of checks and balances:

→President’s veto power over congressional legislation

→Congress’s power of impeachment of the President and judges

→Judiciary’s power of judicial review

This system ensures equilibrium among the three branches.

7. Rigid Amendment Procedure

The Constitution is rigid in nature. Amendments require:

→Proposal by 2/3 majority in both Houses of Congress or by a Constitutional Convention, and

→Ratification by 3/4 of the States

This rigidity ensures stability, though amendments remain possible.

8. Bill of Rights

The first ten amendments, known as the Bill of Rights, guarantee fundamental freedoms such as:

→Freedom of speech, press, and religion

→Right to life, liberty, and property

→Protection against unreasonable searches and self-incrimination

These rights act as limitations on governmental power.

9. Independent and Powerful Judiciary

The U.S. Constitution provides for an independent judiciary. Judges of the Supreme Court:

→Are appointed for life

→Cannot be removed easily

→Have protected salaries

This independence ensures impartial adjudication and protection of constitutional values.

10. Judicial Review

Although not expressly mentioned, the power of judicial review was established in Marbury v. Madison (1803). Under this power, courts can declare laws or executive acts unconstitutional if they violate constitutional provisions. This makes the judiciary the guardian of the Constitution.

11. Presidential Form of Government

The American Constitution establishes a presidential system, where:

→The President is both Head of State and Head of Government

→The executive is independent of the legislature

→The President holds office for a fixed term

This system ensures stability but limits executive accountability to the legislature.

12. Republican and Democratic Character

The Constitution establishes a republican form of government. All major offices are elective, either directly or indirectly. Sovereignty lies with the people, reflected in the opening words “We the People of the United States.”

13. Rule of Law

The Constitution upholds the principle of Rule of Law, meaning:

→No person is above the law

→Government actions must be legally justified

→Rights of individuals are protected through due process

14. Elasticity through Interpretation

Despite being rigid, the Constitution is flexible through judicial interpretation. Concepts like “due process,” “equal protection,” and “commerce clause” have been expanded by courts to meet modern needs.

The American Constitution is a balanced blend of rigidity and flexibility, ensuring stability while allowing growth. Its principles of federalism, separation of powers, judicial review, and protection of individual rights have deeply influenced constitutional systems worldwide, including the Indian Constitution.