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Paper II · 2016 · Q 5(d) · 10 Marks

Explain the main features of the US Federal Constitution.

The American Revolution › US Constitution

Answer:

The Constitution drafted at Philadelphia in 1787 created the world's first modern federal republic. Its distinguishing features, federalism, separation of powers, checks and balances, judicial review and a written bill of rights, have influenced constitution-making ever since.

Federalism and republicanism

  • Powers were divided between the federal government and the states.
  • Enumerated powers belonged to the centre, residuary powers to the states.
  • The republic rested on popular sovereignty, beginning 'We the People'.
  • Congress was bicameral, the Senate representing states equally and the House by population.

Separation of powers and checks and balances

  • Legislative, executive and judicial powers were vested in separate organs.
  • The President could veto legislation, and Congress could override the veto.
  • The Senate confirmed appointments and ratified treaties.
  • Impeachment provided a check on the executive and the judiciary.
  • The President was chosen by an electoral college, not by Congress.

Rights and adaptability

  • The Bill of Rights of 1791 added ten amendments guaranteeing basic liberties.
  • Judicial review was established by Marbury v. Madison in 1803.
  • A deliberately difficult amendment procedure gave the document rigidity and stability.
  • It remains the oldest written national constitution still in force.

Its influence

  • Its federal model was studied by the framers of many later constitutions.
  • Judicial review became a widely adopted institution.
  • The Indian Constitution drew its fundamental rights and judicial review from this source.
  • Its weaknesses over slavery required a civil war and three amendments to correct.

The American Constitution therefore combined federal division with a carefully balanced separation of powers, secured by an independent judiciary and a written bill of rights. As constitutional scholars observe, its combination of stability and adaptability has made it the most widely imitated model of republican government in the modern world.