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Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

produce a correct reflection of the public opinion. Fifth, it is also found that the people do not take Notes
active interest in the affairs of every-day elections. There is a lot of lethargy and indifference
owing to election-fatigues and thus the results of voting are based on the actions of a minority of
the Swiss population. Hence, it is difficult to see how a law ratified by a narrow majority vote may
command the willing obedience of the people. Christopher Hughes remarks that the Swiss
themselves “are unanimous in deploring it.”

6.3 Federal System of USA and Switzerland

Federal System of USA
The American Constitution affords the first best example of a federal system in the world for the
patent reason that it exemplifies, in the most marked degree, the three essential characteristics,
namely, the supremacy of a written and rigid Constitution, the division of powers, and the existence
of an independent and impartial judiciary. Of course, even the American federal system, as we
shall later see, has imbibed many traits of centralism, it is certain that the autonomy of the States
is still existent. In spite of the increasing control of the Central government, the States have not
been ‘finished’ and they are still important political entities in the American political system so
much so that the Constitution “is meaningless unless taken in conjunction with the State
Constitutions, which are not merely useful additions to it but its indispensable complement.”
The American federal system meets the requirements of a true federal model. In the first place, it
is written and rigid. It contains about 4,000 words and covers about ten printed pages and thus
appears to be the briefest written Constitution in the world. It affords the first example of a written
Constitution. Its rigid character becomes evident from the fact that it requires a special procedure
to be followed for making an amendment. It has also been made clear that the Constitution is the
fundamental law of the land. To quote the Constitution itself, “this Constitution and the laws of
the United States which shall be made in pursuance thereof; and all treaties made, or which shall
be made under the authority of the United States, shall be the supreme law of the land; and the
judges in every State shall be bound thereby by anything in the Constitution or laws of any state
to the contrary notwithstanding.”
In the second place, the American Constitution enumerates the distribution of powers between the
federal government and the governments of the units. The division of powers is made in one of
the three ways. First, the powers of the federal government are enumerated and the rest are given
to the units. Second, the powers of the units are specified and the rest are given to the Central
government. Third, the powers of the Centre as well as of the units are enumerated so that there
remains, as far as possible, no chance of conflict. The first method comes from the United States,
the second one hails from Canada and the last one finds a glaring instance in the case of Indian
federal system. However, it may be observed that the position of the units vis-a-vis the Centre
remains strong when the first method is followed. And it is owing to this reason that the position
of the American States is stronger than that of the provinces of Canada or the States of the Indian
Union.
It follows that, in the United States, the Constitution has enumerated the powers of the federal
government. The Congress has authority to make laws on the following subjects:
1. To levy and collect taxes, duties, imports and excises.
2. To borrow money on the credit of the United States,
3. To regulate commerce with foreign nations, and among the several States, and the Indian
tribes,
4. To establish a uniform rule of naturalisation, and uniform laws on the subject of bankruptcies
throughout the United States,
5. To coin money, regulate the value thereof, and of foreign coin and fix the standard of weights
and measures,
6. To establish post offices and postal record,

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