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USA
INTRODUCTION This unit introduces you to one of the greatest democracies of the world, namely, is the United States of America. The history of the U.S.A. is only four hundred years old. It has its own importance for the student of constitutional history and politics. It is in this Constitution that the famous principle of Separation of Powers founded by Montesquieu was for the first time accepted and strictly adhered to. The American Constitution is the oldest among the written constitutions of the world. It was again the first modern government to adopt the federal form of government. Most of the countries having federal form of government derived inspiration from the United States. Presently the United States has been able to achieve the status of a super power because of her continuous and stable developmental process which began in the year 1776. Till 1776, it was a combination of thirteen (13) separate colonies. But the attempt of the people of these colonies to establish their independence led to the birth of U.S.A. Today it is a country of fifty (50) States. Development of the Constitution of the United States of America The history of the emergence of United States of America as a sovereign independent republic is a very interesting account. A study of the history of the Constitution of U.S.A. reveals that it was a peculiar set up of thirteen (13) colonies which ultimately led to the rise of the federation. America was discovered by Columbus in 1492. In the 17th century, the British established their colonies in North America. By the 18th century, there were thirteen such British colonies. These colonies were under the supreme control of the British Crown. Through different Royal Charters, England established three different types of colonies in America: Royal or Crown Colonies- which were directly controlled by the King through his Governors; Proprietary Colonies- which belonged to individual proprietors and their heirs, and the British King exercises some control over some aspects of their administration; Charter Colonies- in which authority was in the hands of the colonists as a group and not in the hands of any individual proprietor (owner). These colonies enjoyed a measure of independence in internal administration but were under the power of the British Crown and the Government of Britain.
The British government started imposing taxes upon the colonies as it thought that the colonies should bear a part of the expenses of administration and defence of the colonies. People of these thirteen colonies objected to such a move of the British government as they were not represented in the British Parliament. The people of the colonies declared “no taxation without representation.” The war of words turned into an open conflict of arms. The British Government dealt firmly with this opposition coming from the colonies giving rise to a big reaction which turned into a revolt in 1776. In order to give a fight to the British forces, the colonies decided to organize a common army. The colonies formed a body called the Continental Congress to manage the common affairs of the colonies. In 1775, the Congress appointed George Washington as the Commander- in- Chief of the armed forces of the colonies. In 1776, George Washington emphasized the issue of independence. The Continental Congress appointed a committee to prepare a declaration of independence. The Declaration of Independence adopted on July 4, 1776 announced the birth of new nation. It declared the Colonies as States, each independent of the Crown and politically independent of others. At the same time, the Declaration of Independence contained four basic declarations. (a) A belief in the natural and inalienable rights and freedoms of the people. (b) An affirmation of the right and duty to revolt against absolute despotism. (c) Right of the people to redress their grievances by peaceful negotiations. (d) The declaration of independence of the Colonies from the domination of British Imperialism and rule. The Declaration was a landmark because it laid the foundation stone leading to the birth of the American nation. The Declaration of Independence adopted by the colonies led to a war with Britain. The Revolutionary war known as the War of Independence continued for about six years. Ultimately, the colonies came out victorious which made the colonies independent States. The Continental Congress formed during the early stages of the Revolution had met and functioned without any constitution or fundamental law. In order to remove this weakness, the Congress appointed another committee consisting of one member from each colony to prepare the basis of a Confederation. This committee submitted its report in the form of Articles of Confederation. With the ratification of all the States, the Articles of Confederation became effective on 1st March1781. The Articles of Confederation constituted the first Constitution of the United States of America. The first Article named the Confederation ‘the United States of America.’ The second Article stated that each State retained its sovereignty, freedom, independence and every power, jurisdiction and right, which was not by this Confederation expressly delegated to the Congress. It was gradually becoming
governance both in times of peace and war. The main features of the constitution are: Written Constitution: The American Constitution is one of the oldest written constitutions of the world. It is in the form of a document. It is a self-made constitution of the people of USA. From the day of its inauguration on May 25, 1787 till the final passing of the Constitution on September15th, 1787 the constitution framers worked day and night to give a written, acceptable, desired and popular constitution. The founding fathers took great care to fulfill the interests and aspirations of the Americans while framing the Constitution. Before the Constitution was inaugurated, it was submitted for ratification, after which the Constitution became operational on March 4th1789. As such, the US Constitution is a written constitution, duly adopted and enacted by the people of the USA. Brief Constitution: It is a brief document of 15 pages containing only 4000 words. If we add the amendments, the total number of words becomes 6000. The Constitution consists of just 7 Articles and only 27 amendments. When we compare it with the Constitution of India, Constitution of Japan, Constitution of Switzerland, and other major Constitutions of the world, we find the American Constitution a very brief constitution. The makers of the Constitution made it brief to avoid any controversies which may unnecessarily lead to further problems. Since the Constitution is brief it has helped it to mould itself according to the changes of time. Rigid Constitution: It means that the process to amend the Constitution is very difficult. There are two stages in the amendment process. But we must not forget that even though the process of amendment is difficult it has grown and developed over the years and has kept pace with the times. With the help of several other means like conventions, judicial decisions, Presidential interpretations, it has been continuously evolving. The rigidity of the Constitution is evident from the fact that only 27 amendments have been made so far in the Constitution. A Large number of Conventions: Like the British Constitution conventions also play a very significant role in the American Constitution. Since the Constitution is a brief and a rigid Constitution it has been responsible for creating situations which have given rise to many conventions. The institution of Presidential Cabinet, the office of the Speaker of the House of Commons, Senatorial Courtesy, direct election of the President etc., have all originated and continued to function through conventions. Conventions have also played a crucial role in the evolution of the Constitution. Federal Character: The American constitution is federal in character. There are 50 states in America each with its own government, and then there is the
central government for the whole country. The US Constitution has all the features which are essential for a federation: division of powers, supremacy of the constitution, independent judiciary, bicameral legislature, and dual citizenship. Both the federal government and state governments exercise authority within their respective spheres as demarcated for them by the Constitution The Preamble affirms faith in Popular Sovereignty: The Preamble clearly mentions that people are the real and ultimate source of all power. It is through free, fair, secret and regular elections that the people exercise their sovereign power and choose their representatives. The representatives exercise authority on behalf of the people and that too for a fixed term. Supremacy of Constitution: In the US, the Constitution is supreme. No other law is above the Constitution. No law can violate the Constitution of USA. The government of United States derives all its powers from the Constitution. Government cannot carryout any work by violating the provisions of the Constitution. The Supreme Court protects the supremacy of the Constitution by exercising the power to reject any law or policy, which is against the spirit of the Constitution. No State constitution can contain any provision against the US Constitution. In case a State law violates the provisions of the US Constitution, that law is declared as null and void by the Supreme Court. Separation of Powers: The US Constitution is based on the principle of separation of powers which means that the three organs of government, the executive, legislature and judiciary carryout their functions independently without interfering in the area and working of the other organs. The Constitution framers were greatly impressed by the ideas of Montesquie and therefore accepted the concept of Separation of Powers. The Constitution provides a clear cut separation of powers, where the law making power lies in the hands of the legislature; executive power with the President and judicial power in the hands of the Supreme Court and other inferior courts. Bill of Rights: It means that the American constitution guarantees fundamental rights to its citizens. The Government has been denied the power to limit or take away the rights and freedoms of the people as granted by the Bill of Rights. The Supreme Court acts as the protector of the rights of the American people. At the time of its making, the US Constitution did not contain a formal Bill of Rights for which the Constitution was criticized by some states. To remove such criticisms ten amendments were made in the Constitution after which a Bill of Rights was incorporated in it. Democratic Republic: The Constitution provides for a democratic republic. Ultimate power lies in the hands of the people. It is a democracy because the
Florida is a citizen of Florida and a citizen of United States of America at the same time. This feature enables each state to maintain its individuality. Bi-party System: The US political system has naturally provided an opportunity for the rise and development of several political parties, out of which two parties have become dominant and major political parties. They are the Republicans and the Democrats. These two parties are directly and continuously involved in the struggle for power in the US political system. They have made it possible for the Americans to work their democratic system in a successful and efficient way. Checks and Balances: Even though the principle of Separation of Powers prevails in the US yet complete separation is neither possible nor desirable. Therefore, the framers of the Constitution created a system of mutual checks and balances among the three organs of government. For example, appointments and treaties made by the President require the approval of the Senate. Likewise, the bills passed by the Congress become law only when signed by the President. Again, the Supreme Court can reject any law made by the Congress or any policy made by the President as unconstitutional by exercising its power of judicial review. In fact, the Constitution provides a net-work of checks and balances among the three organs of the government. The above mentioned are the salient features of the US Constitution which were designed by the constitution-framers in such a way so that it satisfies the needs ands aspirations of the American people. This Constitution has served well, continues to serve well, and is destined to serve well in future the people of the United States of America. Sources of the Constitution of the United States of America We all know that the original Constitution of the United States of America consisted of seven articles containing not more than four thousand words. But the present Constitution of the U.S.A. cannot be identified with the original constitutional document. It has changed beyond recognition according to the need and change of times. The means by which the US Constitution has grown can be discussed as follows: Amendments: The twenty seven amendments have considerably contributed in the evolution of the American Constitution. Even though the number of amendments has been low, yet the changes are profoud. These have always helped the Constitution to change in order to meet the new need. Development of the Constitution by Congressional Laws and Interpretations: The Congress through its various laws and interpretations have not only
broadened its own powers and functions, but has also paved the way for the growth of the US Constitution. The Congress has from time to time enacted several laws to meet the constitutional needs. It is through these laws and interpretations that the Congress has provided flesh to he bones of the Constitution. Development by Executive Interpretations and Orders: Different Presidents of America through their constructive and imaginative ideas have contributed towards the growth and development of the American Constitution. President Washington, Jackson, Lincoln and Roosevelt moulded and developed the Constitution by a vigorous use of their Presidential powers. At certain occasions, the President independently and sometimes with the Congress has exercised immense powers which has resulted in important constitutional changes. For example: the emergence of the Presidential Cabinet and the nature of its relation with the President have been determined by the Presidents of the United States. Development by the Supreme Court: Judicial interpretations have also brought significant changes in the American Constitution. The Executive and Legislative organs of government sometimes while carrying out its functions may violate provisions of the Constitution. Under such circumstances, if the courts are asked to review such action and give their verdict, the judiciary enjoys an authoritative position which is not questionable. In the United States the Supreme Court plays this role so vigorously, that it is regarded as the third chamber of the Congress. It is also to be remembered that as a guardian, protector and final interpreter of the Constitution the Supreme Court has played a great role in its development. Doctrine of Implied Powers: Implied powers means the powers exercised by the Federal Government of the United States that are not expressly delegated to it by the Constitution. In fact every branch of the Federal Government, whether the executive, legislature or the judiciary has expanded its power through the doctrine of implied powers. By depending heavily on the doctrine of Implied Powers, the Supreme Court has increased the field of federal jurisdiction. This doctrine has also extended the powers of the Congress far beyond the powers mentioned in the Constitution. For example the “Commerce” clause of the Constitution has been interpreted by the Supreme Court in such a way as to make it possible for the Congress to exercise the power to regulate rail, roads, telegraph, and telephone companies, aeroplanes and steamship lines, stock exchanges and even ordinary industrial concerns operating in more than one state. Conventions: The framers of the US Constitution only prepared a broad outline. The flesh has been added to it by the usages and customs or the conventions which have grown up during the preceding years to meet the
Note that, in addition to the separation of powers in the federal government (a “horizontal” separation of powers), there is also a “vertical” separation between the federal government and state governments, also assigning each its own sphere of authority.[8] This “vertical” separation is also known as “federalism.” Roles of Each Branch The legislative branch’s function is to create the laws. The executive branch is given authority to implement and enforce the legislation that is passed by the legislative branch. Finally, the judicial branch interprets the meaning of the laws and decides cases involving the creation and enforcement of these laws and of the Constitution itself. In practice, each of the branches has used the authority given it by the Constitution to expand its powers. For example, the Constitution gives Congress authority to regulate interstate commerce, and Congress has used this authority very broadly to regulate industries such as aviation, securities and commerce.[9] Moreover, its power to tax and spend[10] allows the legislative branch to discourage certain behaviors by increasing the costs of these behaviors. The Constitution provides the President with the power to negotiate treaties and appoint ambassadors, but Presidents have used that power to conduct foreign relations and negotiate agreements that are not expressly anticipated by the Constitution.[11] The judicial branch has used its power of “judicial review” to become the last word on the abilities of the other branches to carry out their powers. These are not necessarily “bad” things, either. The framers anticipated that branches would compete for power, which is why the intricacies of the checks and balances system that they developed is so important and has proven so useful. Checks and balances The checks and balances system empowers one branch of government to oversee the work of another branch in a harmonious manner. The framers recognized that if a single branch of government was left unchecked, it could amass enough strength to overpower the other two branches. To avoid any problems, the Framers tempered the separation of powers with a series of checks and balances. The system of checks and balances has textual support in the Constitution. Under Article I of the Constitution, the legislative branch can oversee the executive branch’s actions in the following ways: Override a Presidential veto by vote of two-thirds of both the House of Representatives and the Senate; Declare war; Approve certain Presidential appointments; Approve treaties made by the President; Approve the funds needed to run the Executive branch; Remove the President from office through impeachment In turn, the executive branch has oversight over the legislative branch in many ways. The President: Can veto legislation Can require Congress to meet in what is called a “Special Session”; Through the Vice President, preside over the Senate and have his vote serve as a tie- breaker The judicial branch’s checks on the President and Congress lie in its power of judicial review. As advocated by Alexander Hamilton in the Federalist Papers, the Supreme Court’s status as the final arbiter of the Constitution implies its ability to nullify the laws or actions of the other branches.[12] In fact, it took the Supreme Court only until 1803 to strike down its first congressional act as unconstitutional.[13] It should be noted as well that lower courts also have the power of judicial
review, though their decisions can always be appealed to higher courts until the case gets to the United States Supreme Court. Both other branches have significant checks on the judicial branch in that the President appoints federal judges with consent of the Senate. Additionally, Congress can amend rules or pass new ones to replace laws that have been struck down.
Amendment procedure of USA
Amending the Constitution was never meant to be simple. Although thousands of amendments have been discussed since the original document was approved in 1788, there are now only 27 amendments in the Constitution. Though its framers knew the Constitution would have to be amended, they also knew it should never be amended frivolously or haphazardly. Clearly, their process for amending the Constitution has succeeded in meeting that goal. Constitutional amendments are intended to improve, correct, or otherwise revise the original document. The framers knew it would be impossible for the Constitution they were writing to address every situation that might come along. Ratified in December 1791, the first 10 amendments—The Bill of Rights—list and vow to protect certain rights and freedoms granted to the American people and speak to the demands of the Anti-Federalists among the Founding Fathers by limiting the power of the national government. Ratified 201 years later, in May 1992, the most recent amendment—the 27th Amendment—prohibited members of Congress from raising their own salaries.
Two Methods
Authority to Amend the U.S. Constitution Article V of the United States Constitution outlines basic procedures for constitutional amendment.
- Congress may submit a proposed constitutional amendment to the states, if the proposed amendment language is approved by a two-thirds vote of both houses.
- Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states).
- Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states). Amendments Proposed by Congress To date, Congress has submitted 33 amendment proposals to the states, 27 of which were ratified. The 27th^ Amendment, which prevents members of Congress from granting themselves pay raises during a current session, was ratified in 1992—202 years after it was first submitted to the states.
State, without its Consent, shall be deprived of its equal Suffrage in the
Senate.”
Article V, The United States Constitution , 1787
There are two avenues for amending the Constitution: the congressional
proposal method and the convention method. In the congressional proposal
method, two-thirds of both chambers of Congress must propose an
amendment. The proposed amendment must then be ratified by three-fourths
of state conventions or state legislatures, as chosen by Congress.
Executive
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. Branches of Government At the Constitutional Convention in 1787, the framers of the U.S. Constitution worked to build the foundations of a strong federal government. But they also wanted to preserve the liberty of individual citizens and ensure the government didn’t abuse its power. To that end, the first three articles of the Constitution establish three separate branches of government: the legislative, the executive and the judicial. Article II, Section 1 of the Constitution states: “The executive Power shall be vested in a President of the United States of America.” The president not only heads the executive branch of the federal government, but is also head of state and commander-in-chief of the armed forces.
The modern presidency differs greatly from what the framers intended; initially, they debated the wisdom of having a single president at all, and delegated many of the powers of the executive to Congress. But the vision of a strong national leader favored by Alexander Hamilton and his fellow Federalists eventually triumphed over opponents like Thomas Jefferson and James Madison, who favored a relatively weak, limited executive branch. What Does the Executive Branch Do? The vice president supports and advises the president and is ready to assume the presidency if the president is unable to serve. The vi ce president is also president of the U.S. Senate, and can cast a tie-breaking vote in the Senate. Initially, electors did not vote separately for president and vice president, but cast a single vote; the candidate who came in second became the vice president. But in 1804, after two highly contentious national elections, the 12th Amendment changed the voting process to the current system. The federal government has 15 executive departments (including Defense, State, Justice, Labor, Education, Health and Human Services and so on). Each of these departments is led by a member of the Cabinet, who serve as advisors to the president. The heads of numerous executive agencies (the Central Intel ligence Agency, Environmental Protection Agency, etc.) are not formally members of the Cabinet, but they do fall under the president’s authority. The executive branch also includes more than 50 independent federal commissions, including the Federal Reserve Board, Securities and Exchange Commission and many others. Another integral part of the executive branch is the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. Headed up by the White House chief of staff, the EOP includes the Office of Management and Budget, the Council of Economic Advisers, the National Security Council and the White House Communications and Press Secretary.
Executive Orders In addition to signing bills passed by Congress into law, the president can also issue executive orders, which direct how existing laws are interpreted and enforced. In an executive order, the president must identify whether the order is based on the U.S. Constitution or a law. Executive orders are recorded in the Federal Register and considered binding, but they are subject to legal review and the feder al courts can knock them down. This is another way the system of checks and balances can function. Virtually every president back to George Washington has made use of the executive order. (The only president not to sign one was William Henry Harrison, who died after just one month in office.) Partly due to his extended tenure in the Oval Office, Franklin D. Roosevelt holds the records for most executive orders, with 3,721. Some of the most notable executive orders issued over the years include Abraham Lincoln’s suspension of habeas corpus during the Civil War (1861), and his Emancipation Proclamation (1863); FDR’s New Deal, which created the Civil Works Administration and other federal programs (1933), and his internment of Japanese-Americans during World War II (1942); and Dwight D. Eisenhower’s sending of federal troops to integrate schools in Little Rock, Arkansas (1957). The Vice President The primary responsibility of the Vice President of the United States is to be ready at a moment’s notice to assume the Presidency if the President is unable to perform his duties. This can be because of the President’s death, resignation, or temporary incapacitation, or if the Vice President and a majority of the Cabinet judge that the President is no longer able to discharge the duties of the presidency. The Vice President is elected along with the President by the Electoral College — each elector casts one vote for President and another for Vice President. Before the ratification of the 12th Amendment in 1804, electors only voted for President, and the person who received the second greatest number of votes became Vice President.
The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie. Except in the case of tiebreaking votes, the Vice President rarely actually presides over the Senate. Instead, the Senate selects one of their own members, usually junior members of the majority party, to preside over the Senate each day. Michael R. Pence is the 48th Vice President of the United States. Of the 47 previous Vice Presidents, nine have succeeded to the Presidency, and four have been elected to the Presidency in their own right. The duties of the Vice President, outside of those enumerated in the Constitution, are at the discretion of the current President. Each Vice President approaches the role differently — some take on a specific policy portfolio, others serve simply as a top adviser to the President. The Vice President has an office in the West Wing of the White House, as well as in the nearby Eisenhower Executive Office Building. Like the President, he also maintains an official residence, at the United States Naval Observatory in Northwest Washington, D.C. This peaceful mansion, has been the official home of the Vice President since 1974 — previously, Vice Presidents had lived in their own private residences. The Vice President also has his own limousine, operated by the United States Secret Service, and flies on the same aircraft the President uses — but when the Vice President is aboard, the craft are referred to as Air Force Two and Marine Two.
President of USA
INTRODUCTION This unit introduces you to the executive organ of the American government. The United States of America has a Presidential form of government where the executive is independent from the legislature. You will come to know that there is an office of the President who is both the head of the state as well as the government. This unit will also enlighten you regarding the election procedure of the President, what are the qualifications required, term of office, removal method etc. This unit will also try to make a comparative study between the American President and the British Prime Minister, their similarities and dissimilarities. The enormous powers that the President exercises will also be mentioned in this unit. After going through the powers of the President which will be mentioned in this unit, the unit will make you understand why the American President's office is regarded as one of the strongest democratic offices in the world.
announced. The Presidential candidate securing a clear majority of votes (270 votes out of 538), gets elected as the President. Oath of Office: The elected President is administered the oath of office on the 20th of January by the Chief Justice of the Supreme Court. As a student of political science a question may come to your mind as to what would happen if a Presidential candidate fails to get a clear majority. The answer to this question is that under such circumstances, the responsibility for electing the President is passed on to the House of Representatives. The House of Representatives has to elect one of the first three candidates getting the highest number of electoral votes. Voting by the House is done state wise with representatives of each state acting as a bloc and exercising one vote. By following this practice whosoever gets the maximum number of votes is elected as the President. QUALIFICATIONS, TENURE AND REMOVAL OF THE PRESIDENT In this section, we will discuss the qualifications and tenure of the President of the United States as well as the question as to how he or she can be removed. · Qualifications: A person in order to become the President of America has to have certain qualifications----- (a) The candidate must be a natural born American citizen. (b) The candidate must be at least thirty-five years of age. (c) He must have lived in the United States for not less than 14years. Since no mention has been made of the sex of the candidate, women as well as men are eligible to contest for this post. It is important for us to remember one thing that a naturalized citizen cannot contest for the post of President. Tenure: The President of the United States is elected for a term of four years by an electoral college. The Constitution framers took this decision because they felt that the term should be neither too long nor too short. The Constitution originally did not put any restriction on the re-election of a President. George Washington, the first President was elected twice but he refused to contest election for the third time. Since then a convention has been developed which stops the re-election of a President for more than two consecutive terms. In case a President dies before the completion of his term, the Vice-President succeeds the President. At this point of time a question may come to your mind that what happens if both the offices of the President and Vice-President become vacant on account of death, resignation or removal? The answer to this question would be that, in case the Vice-President is not available to fill the vacancy the line of succession would be: (a) The Speaker of the House of Representatives, (b) The President Pro-Tempore (for the time being) of the Senate, (c) The Secretary of the State followed by other
members of the Cabinet. However such an opportunity has never arisen to this day in the history of the American political system. Removal of the American President: The President can be removed from office before the expiry of the normal term through the process of impeachment. He can be impeached if found guilty of treason, bribery or high crime. The impeachment process is initiated by the House of Representatives. For this, the House has to pass the impeachment resolution mentioning the charges by a majority of votes. The resolution thus passed then goes to the Senate. The Senate then sits as the court of investigation. Such a meeting of the Senate is presided over by the Chief Justice of the US Supreme Court. The Senate investigates the charges and the President is given full opportunity to clarify his position and defend himself. If however, the Senate, after full deliberations, also passes the impeachment resolution by a 2/3rd majority, the President stands impeached. The impeachment method is a difficult method. Till today only two Presidents, Mr. Andrew Jackson (1868) and Mr. Bill Clinton (1998) had to face it. However, the two were not impeached because the impeachment resolution failed to get passed. POWERS OF THE AMERICAN PRESIDENT The U.S. Constitution creates a Presidential System of Government. It provides for the office of the President and makes him both the head of the state as well as government. He is neither a member of the Congress nor responsible to it. He holds a stable, fixed and definite term of four years.. As already mentioned the President is both the head of the state and the government and therefore, the President enjoys vast powers in the U.S.A. His office is one of the most powerful and strongest democratic offices in the world. The powers of the President may be discussed under the following heads: executive, legislative, judicial, powers as head of the state and powers as leader of his party. Before discussing the powers of the President, let us discuss about the sources of President's powers. Sources of President's Powers (a) In the first place the original Constitution confers certain powers and privileges.
