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Salient Features of USA Constitution

The document discusses the salient features of the US Constitution. It was drafted in 1787 and came into force in 1789. Some key features include the supremacy of the Constitution, separation of powers, checks and balances between the three branches of government, and protection of fundamental rights through the Bill of Rights.

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TAREQ ABEDIN SIRAJI
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68 views

Salient Features of USA Constitution

The document discusses the salient features of the US Constitution. It was drafted in 1787 and came into force in 1789. Some key features include the supremacy of the Constitution, separation of powers, checks and balances between the three branches of government, and protection of fundamental rights through the Bill of Rights.

Uploaded by

TAREQ ABEDIN SIRAJI
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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U A Lubana Islam

Lecturer, Department of Law


World University of Bangladesh.

Salient features of USA constitution

Introduction
The USA constitution was drafted in 1787 in Philadelphia Pennsylvania, by 55 delegates to a
constitutional convention that was called to amend the articles of confederation (1781-1789).
It came into force in 1789. It is country’s first written constitution, the shortest and most
successful in the world. The framers of the constitution were concerned with limiting the
powers of government and securing the liberty of citizens.

1. Supremacy of Constitution
Article VI (II) of US constitution denotes confederation and supremacy of the constitution.
No one can override it. In case of contradiction, the national laws shall be prioritized and
deemed as superior over the state laws. The supreme court is the custodian of the
constitution, hence can overrule any law passed by the congress, if it is against the basic
spirit of the constitution. As the given ase law seconds.
Marbury v Madison 1803
This leading case law, held by John Marshall, on 24-feb 1803 established the doctrine
of Judicial review which is also followed by supreme court of Pakistan.
2. Shortest written constitution
It is the shortest written constitution in the world, which consists of a preamble, 7 articles, 21
sections and 28 amendments.
3. Sovereignty of people
As the constitution of USA holds the doctrine of sovereignty of people, therefore, the
elections are conducted after every four years, so that people can choose the representative of
their own
choice.
4. Rigid constitution
The constitution is of rigid nature and only 28 amendments have been made in 234 years.
Article V of the US constitution deals with the procedure of amendment. In order to be
proposed, an amendment requires 2/3rd majority from both houses, and 3/4th for ratification.
5. Bicameralism
N.B: This is just a short lecture note to understand the concept. So please do not just copy this note.it is suggested to
take only help from this note and prepare of your own summary of understanding on this topic along with other
study material. Added to that please use at least more than to two reading materials to prepare your note for exam
purpose.
U A Lubana Islam
Lecturer, Department of Law
World University of Bangladesh.

According to Article 1 (1), the system consists of two houses, the upper house (senate) and
the lower house (House of representatives).
6. Two party system
Since the foundation of United States in 1850, there are only two political parties, Democratic
and republican party.
7. Separation of Power
The concept of separation of power was given by a French philosopher Montesquieu in his
book, “Spirit of laws” in 1748. Following this doctrine, the article I, II, III of US constitution
holds that all the three organs of the state, legislature, executive, and judiciary, shall not
overlap with one other.
8. Check and balance
The constitution has given such powers to the organs of the state, through which they keep
check and balance upon each other. I.e.,

➢ President can veto the bill, presented from the congress.

➢ Congress can impeach the president.

➢ All treaties and appointments (done by the president) are to be ratified by the senate.

➢ Judiciary keeps check and balance on the executive and legislature.

➢ The judges are appointed by president with the consent of senate.

9. Bill of rights 1791


The US constitution is a people protected constitution, in which the first 10 amendments of
the US constitution deal with the fundamental rights of the US citizens, basically derived
from the Bill of Rights 1791.
10.Evolution of USA Constitution:
The U.S. Constitution is a product of deliberate drafting during the Constitutional Convention
of 1787. Amendments, such as the 19th Amendment granting women the right to vote,
demonstrate the constitution's adaptability.

Conclusion

N.B: This is just a short lecture note to understand the concept. So please do not just copy this note.it is suggested to
take only help from this note and prepare of your own summary of understanding on this topic along with other
study material. Added to that please use at least more than to two reading materials to prepare your note for exam
purpose.
U A Lubana Islam
Lecturer, Department of Law
World University of Bangladesh.

In the nutshell, the US constitution is the most successful drafts in the world, and has never
been suspended since its proclamation. The concept of separation of power, supremacy of law
and independent judiciary act as spinal instruments, maintaining the honour of the
constitution.

N.B: This is just a short lecture note to understand the concept. So please do not just copy this note.it is suggested to
take only help from this note and prepare of your own summary of understanding on this topic along with other
study material. Added to that please use at least more than to two reading materials to prepare your note for exam
purpose.

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