INTRODUCTION:A Constitution consists of those fundamental rules which determine and distribute functions and powers among relations of the governing authorities with the people.
The Constitution of U.S.sets forth the nation's fundamental laws and is the Supreme Law of the land.
> Salient Features of U.S. Constitution :
Following are the Salient features of U.S Constitution .
1-WRITTEN:American Constitution is in written form.It is very brief Constitution originally consisted of preamble
and seven Article but now 26 amendments have been made in it.
3- SOVEREIGNTY OF THE PEOPLE:U.S Constitution is an enacted constitution given by the convention in Philadelphia and officially adopted on march 4,1789. The preamble of the U.S . Constitution laid emphasis on the sovereignty of the people.It starts withthe words."we the people of the United States".which clearly indicates the sovereignty of the people.
4-SUPREMACY OF CONSTITUTIONAL LAW:The Constitution of U.S the basic law of the country to quote Constitution itself."This Constitution and the laws of the United
States which shall be made in pursuance there of ...... shall be the Supreme Law of the land.
5- CONVENTIONS:Conventions played an important role in the development of the Constitution e.g the growth of the cabinet of the American President is the result of a convention
6- RIGIDAmerican Constitution is a rigid Constitution because it requites a special procedure to amend it .
every amendment, which can be moved in two different ways,must be ratified by the three -fourths of the states .
7 - REPUBLICAN:The U.S Constitution Guarantees to every State republican
form of Government the head of every state will be an elected one.
8- FEDERALISM:The Constitution of U.S establishes a federal form of Government.A Constitutional division of powers has been made between the center and the federating units.The Constitution enumerates the powers of the center and leaves the residue of powers
of the center and leaves the residue of powers to be exercised
by the federation states.
9- PRESIDENTIAL:The U.S Constitution provides for the presidential form of government .The Constitution vests executive powers to the president.He is not responsible for his acts and policies to the legislature. He is elected by the people for the term of four years.
10- BICAMERALISM :Article 1 Section 1 of the U.S Constitution made bicameral legislature.In House of representative representation is on the basis of population and Senate, each state has equal representation two Senators from each state.
America is a secular state .It is stated that congress shall make no law respecting the establishment of religion or prohibiting the free exercise of religion.
12- BALANCED GOVERNMENT :The Constitution Guarantees the balanced Government in the state. The house of representative would reflect the attitudes of the popular or democratic elements and the senate would reflect the views of aristocratic elements.The two chambers would serve as a check on each other.
13- SEPARATION OF POWER:The Constitution is based on the doctrine of separation of power .All the three branches of the Government viz legislative,executive and judiciary have been kept separate from each other .The personnel of each branch is chosen by different procedure, the functions are also different and there is no interference in each department.
14- CHECKS AND BALANCES:In America,there is system of checks and balances ,each branch has weapon with which to check the others .The President has a qualified veto over laws enacted by congress .The congress can check the Presient by impeaching him . The President and the senate elect the judge of Supreme Court and Judges has the power to interpret the law.
The study of American Constitution is in large measure a study of judicial decisions and opinions.
The constitutions does not specifically grant the Courts the power to interpret teh Constitution but it furnishes sufficient verbal basis for the power .The first assertion of that power against an act of congress was made in 1803 in Chief Justice Marshal 's famous opinion in case of "Marbury vs Madison".
16- INDEPENDENCE OF JUDICIARY :The Constitution gives judges a large measure of independence .The founder fathers took special precautions to isolate the judiciary from executive and legislative influence.
17- DUE PROCESS OF LAW:Another feature of the American Constitution is the right to due process of law.The Federal Government and the State Governments are forbidden to deprive n
any one of life ,liberty and property without due process of law .It means that any person suspected of violating the law must be dealt with according to the established rules and not
arbitrary .It also demands that the Act of legislature and executive both at the centre and in the states must be reasonable.