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Comparative Politics and Government


                    Notes          As a matter of fact, the Constitution emerged as a ‘bundle of compromises.’ A distinguished
                                   student of the American Constitution makes a plausible observation when he adds: “Great men
                                   there were, it is true, but the convention as a whole was composed of men such as would be
                                   appointed to a similar gathering at the present time: professional men, business and gentlemen of
                                   leisure, patriotic statesmen and clever, scheming politicians; some trained by experience and
                                   study for the task before them, and others utterly unfit. It was essentially a representative body
                                   taking possibly a somewhat higher tone from the social conditions of the time, the seriousness of
                                   the crisis and the character of the leaders.
                                   Salient Feature of the Constitution
                                   The American Constitution framed by the Philadelphia Convention of 1787 and inaugurated two
                                   years after has served as a vital unifying force for the diverse population. Representing itself as
                                   the opposite model of the British fundamental law, it has offered an alternative design to the,
                                   lovers of a liberal-democratic order. It has its peculiar significance to the people of the United
                                   States who hold with ample pride and satisfaction that though many other elements have provided
                                   the cementing force to the structure of their political life, the most obvious and the most universally
                                   accepted element is their basic law formulated by their Founding Fathers. To them, it is this
                                   document that has sealed the significance of their War of Independence and served as a unifying
                                   force for their nation by putting together and establishing the centrifugal forces. Its salient features
                                   may be put as under:
                                   1. An Enacted and A Written Constitution
                                      The Philadelphia Convention of 1787 was a grand assembly of the leaders chosen by the
                                      legislatures of the then States and the Constitution made by this great assembly of great men
                                      was ratified by those who were elected by the people to do the august job while keeping their
                                      social, political and economic interests in their minds. It is evident from the language of the
                                      Preamble that reads: “We, the People of the United States, in order to form a more Perfect
                                      Union, establish Justice, insure domestic Tranquillity, provide for the common Defence, promote
                                      the general Welfare, and secure the Blessings of liberty to ourselves and our Posterity, do
                                      ordain and establish this Constitution for the United States of America.”
                                      The Philadelphia Convention gave a Constitution having seven Articles some of them being
                                      large enough to have sections within their detailed elaboration. The three main organs of the
                                      federal government - President as the executive, Congress as the legislature, and Supreme
                                      Court and subordinate federal courts as the judiciary — have their sanction in these provisions.
                                      Moreover, the functions and powers of the three major organs have been left to the States. The
                                      process of Amendment has also been laid down so that the words and phrases of the Constitution
                                      may be amended according to the exigencies of the situation. However, what has added to the
                                      richness of the provisions of the Constitution in an ever more but never less manner is the
                                      interpretative role of the judiciary. The final interpretations of the federal judiciary have given
                                      new meanings to the original provisions with the result that the American Constitution is said
                                      to have 5 pages along with 5,000 pages of judicial decisions made for the sake of their
                                      amplification.




                                                The first and foremost feature of the American Constitution finds place in its
                                                being a formulated instrument made by the eminent leaders of a nascent nation to
                                                establish what they termed ‘limited government.’

                                   2. Separation of Powers and Checks and Balances
                                      It is true to say that no feature of American political system “is more characteristic than the
                                      separation of powers combined with precautionary checks and balances.” It signifies that the
                                      power of Government is diverse and diffused in the hands of three organs - executive, legislature



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