Identify some key characteristics of the U.S.

Constitution.
The ideas and characteristics of the Constitution are largely derived from the Age of
Enlightenment. Two important philosophers provided many of the ideas that made the
Constitution unique from any known government of the time. John Locke and Charles
Montesquieu, while decades away from the Revolutionary War and the creation of the
Constitution, founded the structure of the United States government.

John Locke in his document the Second Treatise on Government (1690) proposed
several ground breaking ideas for creating an ideal government:

a) A king is not necessary to rule

b) People can and should govern themselves

c) Separation of Powers

d) All people have basic rights that cannot be taken away

e) The government works to protect the people

f) All men are created equal

g) When people participate in their government it makes the country better

The ideas that were presented in Locke's treatise presented a new idea of government
that philosophers had postulated but never put in a document as a concise premise for
an ideal government.

Charles Montesquieu's Spirit of the Laws was written fifty years after Locke's
treatise. Being a fan of Locke's treatise, Montesquieu expounded on ideas that Locke
presented. Notably Montesquieu expanded on the idea of a Separation of
Powers. While Locke only presented the idea of an Executive and Legislative Power,
similar to the British governmental structure of King and Parliament, Montesquieu
theorized that a third branch was necessary to ensure the protection of the people from
possible tyranny--the Judicial Branch.

Montesquieu also expounded on Locke's philosophies concerning basic rights, stating

that there must be a structure in the government to provide securities for the rights of
the people, specifically inalienable rights: Life, Liberty, and the Pursuit of
Property. Montesquieu's unique contribution to the document was regarding his
philosophy that a truly just government must provide a means for the government to
change laws or the government itself due to necessity. Montesquieu felt that a
government that was willing to adapt throughout time would have the best chance of
enduring the centuries.

With the Declaration of Independence, the Revolutionary War, and the creation of the
Articles of Confederation, the stage was set to put in place a new experimental
government. James Madison studied the philosophies of Locke and Montesquieu during
the months when he was developing the ideas for what would become the Virginia
Plan. Consequently, the United States contains many characteristics, which are
specifically attributed to Locke and Montesquieu.

Thomas Jefferson, a student of Locke and Montesquieu, contributed to Madison's

pursuit to create a new government by providing him with the books for his
research. Jefferson's most famous document, The Declaration of Independence, shows
his devotion to Locke's philosophies. Several passages in the Declaration
of Independence are taken word for word from Locke's Second Treatise on
Government. Following Jefferson's example, Madison studied Locke's and
Montesquieu's works and many of the United States's most significant characteristics
can be attributed to the two works.

a) Government by the People. At the time in the world, the idea that the general public
could rule themselves was considered unthinkable. The Divine Authority granted to
monarchs was an established principle in leadership. The two philosophies. A king is
not necessary to rule, and People can and should govern themselves, set the stage for
the new Democratic-Republic established by the Constitution.

b) Separation of Powers. The idea of breaking apart the government into two branches
let alone three branches was unique even to the United States. Under the Articles of
Confederation, the United States was Unicameral and contained only one branch of
government. By following Montesquieu's advice, the U.S. Constitution established a
Bicameral Legislature composing of the Senate and the House of Representatives, and
split the government into three branches: Legislative, Executive, and Judicial.

c) Checks and Balances. This is a subset of Montesquieu section on Separation of

powers. This concept of providing the means of a branch of government to police the
other two branches established a system to protect the citizenry from a possible
tyranny.

c) Inalienable Rights. Maintaining the rights granted to an individual by nature or God

is a founding principle of the United States legal system. During the ratification of the
Constitution, opposition arose because many representatives in the Constitutional
Congress felt that the rights of the citizens were being ignored. These rights were
more clearly defined in the Bill of Rights.
 Some of the unique characteristics provided through the Bill of Rights are:

 Freedom of Speech
 Freedom of the Press
 Separation of Religion from the Government/No Government influence in Religion.
 Right to Peaceful Assembly
 Right to Redress Grievances with the Government.
 Right to Bear Arms
 Right for State Militias
 Protection from the Quartering of Troops
 Right to privacy
 Right to a warrant for search and seizure of property
 Right not to testify against yourself
 Right to have an attorney
 Right to know and cross examine witnesses against you.
 Right to compel witnesses for you
 Right to a trial by your peers
 Right to a judge and jury that does not know you
 Right for the States to determine policy and law unless the power is specifically
provided to Congress by the Constitution.

Many of the rights listed above are not strictly from Locke and
Montesquieu. The Magna Carta and injustices felt by the founding fathers contributed
to the list. However, Locke's writings must be acknowledged as a fundamental
influence in the structure that provided for these rights. Many of these fundamentals of
the US Government are unique in the world even today.

d) The Elastic Clause. The belief that laws must be appropriate but changeable is clearly
established in the Elastic Clause of the Constitution (Article 1: Section 8). Through this
clause the United States Government has the means to expand or retract based upon
need. For example, the United States government expanded during the Great
Depression in order to help the widespread economic devastation. Once the economy
of the United States stabilized, many of the programs were ended and the government
shrunk back.

e) All Men are Created Equal. While the history of the United States has had a rocky
history regarding Equality; the fact that it is a foundation of the American society is
separate all governments during the writing of the Constitution and is a unique
characteristic in the world today.

f) The Government's Responsibility to Protect the People. This philosophy does not
simply mean military protection. It requires that the government is responsible for
maintaining the rights of its citizens.
While John Locke and Charles Montesquieu provided many of the unique characteristics
of the U.S. Government, many were created through the debates of the Constitutional
Convention. One of these is Federalism--the Balance of Power between the Federal
Government and the State Governments.

Prior to the creation of the Constitution, there were only two philosophies regarding the
balance of power:

1. Unitary--all the central government had all the power

2. Confederalism--the local provinces had all of the power, as used in the Articles of
Confederation.

The Founding Fathers established a new governmental form whereby power was evenly
distributed between the Federal and State Governments. While indicated in Article 4 of
the Constitution, the power was officially guaranteed through the 10th Amendment.

References Below:

1st: Project Gutenberg copy of Locke's Second Treatise on Government

2nd: Project Gutenberg copy of Montesquieu's Spirit of the Laws.

3rd: The United States Constitution and Bill of Rights (Annotated)

SALIENT FEATURES OF US CONSTITUTION

11:56 AM Salient features of US Constitution 13 comments

Although there are many interesting features in its constitution but the most important are:

1. Written Constitution:

First prominent feature of the American constitution is that unlike the British Constitution, it is written
or documentary .It is very brief document and contains about 4000 words and at least 10—12 pages.
It consists of preamble and seven articles only. Three of the articles are related to structure and
powers of Legislative (Article 1), Executive (Article 2) and Judiciary (Article 3) and the other four
dedicated to position of states (Article 4), modes of amendments (Article 5),

supremacy of national power (Article 6) and ratification (Article 7). It also holds that constitution is the
supreme law of the land. Article one is the longest and cannot be amended. Like other constitutions, it
also consists of preamble; a single sentence that introduces and defines purpose of the document.

2. Rigid Constitution:
Another feature of the American constitution is that it is rigid, which means that it cannot be amended
by the congress by the ordinary procedure. The procedure is very intricate and difficult. The procedure
to amend Constitution consists of 2 steps;

a. Proposal for Amendment:

There are two ways to propose for amendment. Either two-third (67%) of both the houses (Senate
and House of Representatives) shall propose for amendment to constitution or on the application of
legislatures of two-third (67%) states shall call a convention for proposing amendment.

b. Ratification of Proposal:

The amendment shall be ratified by the legislatures of three fourth (75 %) of all states or by the
convention of three fourth of states. It is because of this rigidity that American constitution
has been amended only 27 times in over 200 years. It is, therefore, rightly remarked that "it the
founding fathers were to return to life today, they would not find it difficult to recognize handiwork.

3. Popular Sovereignty:

The U.S constitution establishes the popular sovereignty of the people. This means in U.S, the people
rule i.e. they have delegated their powers to the government and the government owes its authority
to the will of the people. The principle of popular sovereignty is stated in the Preamble of constitution
as "we the people do ordain and establish this constitution for United States of America." This means
that the ultimate seat of authority in United States is the American people.

4. Bicameral Legislature:

The constitution of USA provides for bicameral legislature. According to Article 1, "All legislative
powers are vested in Congress." In United States, congress is the parliament, which consists of two
houses; House of Representatives and the Senate. House of Representative is regarded as the Lower
House and the Senate is the Upper House.

a. House of Representatives:

The House of Representatives has 435 members who are elected by the people for a period of two
years on population basis i.e. state with larger population gets more seats in this house
like California has 53 members.

b. Senate:

The members of Senate are elected by the state legislatures. Each state has two senators which
means each state has two votes in senate. These senators are elected for a period of six years. The
total number of senators is 100 as the total states are 50.

5. Separation of Powers:

American constitution is based on the principle of "separation of powers". The framers of the
constitution believed that the separation of various organs of the government was necessary to ensure
individual liberty and to check despotism. They, therefore, gave the presidential system to their
people. The powers are divided among Congress, President and the Judiciary.

Congress has the power to make laws which outline general policies and set certain
standards. President can enforce, execute and administer law. He is assisted by his cabinet but is
solely responsible for all actions of Executive branch. Judicial Powers are exercised by the Supreme
Court which interprets laws and decided cases and controversies in conformity with the law and by the
methods prescribed by law.

In short, In U.S.A all the legislative power is enjoyed by the

president; he is not responsible to the legislative. The powers have been vested m the
Congress. The jud\c\a\ powers ate vested m the Supreme Court..

6. Checks & Balances:

The framers of the U.S constitution were aware that a department, if left unchecked, would become
oppressive. They; therefore, introduced checks and balances in the constitution. The separation of
powers confirms the system of Checks and Balances. This system prevents misuse of powers. The
powers are provided in such a way that it provides a check upon other institutions.

Thus, Congress has been given a share in the executive powers. It can check the president's powers
of making treaties and appointments. Similarly, the President enjoys the powers of suspense veto. By
using this power he can influence legislation. He also enjoys judicial powers of giving pardon and
reprieve.All this creates a system which makes compromises necessary which is a sign of healthy
democracy. It prevents the rise of dictators as well.

7. Judicial independence:

The direct consequence of separation of powers is the doctrine of judicial independence. In United
States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other
office can influence its independence.

8. Federal System:

The U.S constitution provides for a federal system of government. Federalism is a device by which
independent states form a union without losing their identity. According to Article 1, the federal
government has jurisdiction over 18 matters and residuary powers are vested in states. States are
autonomous bodies and centre cannot interfere in their affairs. In case of conflict, Supreme Court
decides or settles the I dispute.

9. Presidential System:

The constitution provides for a presidential form government. Article 2 provides the powers, election
and their matters related to president. President is elected for a term of 4 years and is not answerable
to Congress and cannot dissolve Congress. He has a cabinet to assist him in running his executive
powers.

10. Republicanism:

The constitution calls for a republican system with President as elected head of the state. The
constitution derives its authority from the people and is supreme law of the land. Neither centre nor
states can override it.

11. Fundamental Rights and Liberty:

Another important feature of the American constitution is that it ensures certain fundamental rights
for every America citizen. He cannot be deprived of these rights by any lawful authority. The first ten
amendments to the constitution are called "Bill of Rights". The Bill Of Rights provides for the rights of
a person's property, liberty, freedom of speech, press, religion and assembly.
12. Dual Citizenship:

The constitution provides for dual citizenship i.e every American citizen is entitled to the right of dual
citizenship. First of all, he is the citizen of America and secondly he is the citizen of that state in which
he lives. The feature of dual citizenship was introduced in the American constitution by the 4th
amendment.

13. System of Spoils:

When a president is elected, he does appointment of public offices. If in elections, the President is
elected who is of the opposition party, he dismisses the public office bearers and makes fresh
appointments. Under this system, a civil servant intend by one president on political consideration
cannot Plain his office when an opposition President secures victory in polls.

14. Judicial Review:

ATE important feature of the American constitution is the power of judicial Review. The Supreme court
in U.S is supreme not only in theory but also in practice. Iu U.K no court can challenge the power of
Parliament; however in United States all the laws passed by the congress and state legislatures are
subject to judicial review.

15. Limited Government:

Another important feature is the doctrine of limited government. Unlimited powers of the government
would make them despotic which would lead to tyranny and violence. In U.K the Parliament is
supreme whereas in United States the constitution is supreme and the powers of the government
organs are limited.
Salient features Of US Constitution
Introduction:

With the “Declaration of Independence”, published on July 04, 1776, written

by Thomas Jefferson, begins the independent history of United States of
America. On July 11, 1776, a committee under John Dickenson was appointed
which drafted the Articles of Confederation which were approved by Congress of
states. However, interstate bickering started over a number of issues. To solve
the problems and disputes, amendments in Articles of Confederation was felt
and thus a convention was arranged in Philadelphia for the purpose in which
delegates of 12 states participated (Rhode Island did not). After 16 weeks of
discussion, the new constitution of USA was unanimously signed on
17th September 1787 by delegates os states present there. The constitution
was adopted/ratified on 21st June 1788 (as nine state (New Hampshire-
ninth state) convention ratified) and enforced on March 07, 1789 (Rhode
Island last state to ratify it).James Madison is considered as the primary
author of US Constitution.

Salient features of US Constitution:

Although there are many interesting features in its constitution but the most
important are:

 Written constitution
 Rigid constitution
 Popular sovereignty
 Bicameral legislature
 Separation of powers
 Checks and balances
 Judicial Review
 Presidential system
 Federal system
 System of republic
 System of spoils
 Bill of Rights
 Dual Citizenship

1. Written Constitution:

American constitution is a written constitution framed in 1787 and enforced in

1789. It consists of seven articles; three of them related to structure and
powers of Legislative (Article 1), Executive (Article 2) and Judiciary (Article 3)
and the other four dedicated to position of states (Article 4), modes of
amendments (Article 5), supremacy of national power (Article 6) and ratification
(Article 7). It also holds that constitution is the supreme law of the land. Article
one is the longest and cannot be amended. Like other constitutions, it also
consists of preamble; a single sentence that introduces and defines purpose of
the document.

2. Rigid Constitution:

It is one of the most rigid constitutions in the world which means that for
amending it, a special and difficult procedure has to be followed. It consists of 2
steps;

2.1 Proposal for Amendment:

Either two-third (67%) of both the houses (Senate and House of

Representatives) shall propose for amendment to constitution or on the
application of legislatures of two-third (67%) states shall call a convention for
proposing amendment.

2.2 Ratification of Proposal:

The amendment shall be ratified by the legislatures of three fourth (75 %) of all
states or by the convention of three fourth of states.

It is because of this rigidity that American constitution has been amended only
27 times in over 200 years.

3. Popular Sovereignty:

In U.S, the people rule i.e. they have delegated their powers to the government
and the government owes its authority to the will of the people. The principle of
popular sovereignty is stated in the Preamble of constitution as “we the
people……..do ordain and establish this constitution for United States of
America.”
4. Bicameral Legislature:

The constitution of USA provides for bicameral legislature i.e. two houses in the
centre. According to Article 1, “All legislative powers are vested in Congress.”
Congress consists of two houses i.e. Lower House or House of Representatives
and the Upper House or Senate.

4.1 House of Representatives:

The House of Representatives has 435 members who are elected by the people
through adult franchise method for a period of two years on population basis
i.e. state with larger population gets more seats in this house like California has
53 members.

4.2 Senate:

The members of Senate are elected by the state legislatures. Each state has
two senators meaning that each state has two votes in senate. These senators
are elected for a period of six years on parity basis. The total number of
senators is 100 as the total states are 50.

5. Separation of Powers:

The doctrine of separation of powers divides power between the three

pillars/institutions of government to prevent interference of one institution in
the affairs of another. The powers are divided among Congress, President and
the Judiciary.

Congress has the power to make laws which outline general policies and set
certain standards. President can enforce, execute and administer law. He is
assisted by his cabinet but is solely responsible for all actions of Executive
branch.Judicial Powers are exercised by the Supreme Court which interprets
laws and decided cases and controversies in conformity with the law and by the
methods prescribed by law.
6. Checks & Balances:

The system of Checks and Balances laid down by the separation of powers
prevents misuse of powers. The powers are provided in such a way that it
provides a check upon other institutions.

Examples:

a) President can veto a bill passed by the Congress. The congress can pass
legislation over president’s veto by two third majority.

b) President has the power to appoint judges of the Supreme Court subject to
approval of the Senate.

c) The constitution has vested the powers of “Judicial Review” in Supreme

Court. Supreme Court can approve, reject or review any action taken by the
President or laws made by the Congress as it did in Marbury vVs
Madison Case.

All this creates a system which makes compromises necessary which is a sign of
healthy democracy. It prevents the rise of dictators as well.

7. Federal System:

The U.S constitution provides for a federal system of government which means
that powers are divided among centre/federal government and the states.
According to Article 1, the federal government has jurisdiction over 18 matters
and residuary powers are vested in states. States are autonomous bodies and
centre cannot meddle in their affairs. In case of conflict, Supreme Court decides
or settles the dispute.
8. Presidential System:

The constitution provides for a presidential form of government. Article 2

provides the powers, election and their matters related to president. President
is elected for a term of 4 years and is not answerable to Congress but cannot
dissolve Congress. He has a cabinet to assist him in running his executive
powers.

9. Republicanism:

The constitution calls for a republican system with President as elected head of
the state. The constitution derives its authority from the people and is supreme
law of the land. Neither centre nor states can override it.

10. Bill of Rights:

The first ten amendments to the constitution are called “Bill of Rights”. The BOR
provides for the rights of a person’s property, liberty, freedom of speech, press,
religion and assembly.

11. Dual Citizenship:

The constitution provides for dual citizenship i.e citizen of United States and the
state where one is domiciled. Britain and Pakistan provides for single
citizenship.

12. System of Spoils:

When a president is elected, he does appointment of public offices. If in

elections, President elected is of the opposition party, he dismisses the public
office bearers and makes fresh appointments. Under this system, a civil servant
appointed by one president on political consideration cannot retain his office
when an opposition President secures victory in polls.