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.