Date Sheet LL.B Part I, Part II and Part III Bahauddin Zakariya University Multan Examination 2019.
Date Sheet LL.B Part I, Part II and Part III Bahauddin Zakariya University Multan Examination 2019.
Salient Features of U.S constitution best notes for LLB exam.
Salient Features of U.S. Constitution
1.Introduction and Evolution:
The present Federal government of U.S.A came into being in the year of 1789.The United States comprised of thirteen colonies of Great Britain. In the year 1776, these colonies at the Atlantic Coast rebelled against the mother country and became independent in 1783.During this period the revolted colonies established the “Articles of Confederation” as the first constitution in 1777.
However, this system could not last very long. There was no separate common executive nor was there any independent judiciary. An effective central government was the fundamental need of the hour. A convention for the purpose of framing the constitution was convened at Philadelphia in 1787.Thus the constitution was framed on the basis of this convention and was signed by the delegates on September 17,1787.This constitution came into force in 1789.since then it has undergone many changes, one of them being the increase in the number of states from 13 in 1787 to 50 at present.
2.Sources:
Following are the important sources of the American constitution.
a.Written Constitution of 1787:
This original constitution was drafted by a convention held at Philadelphia. It came into force in 1789.
b.Judicial Decisions:
The occasional interpretations of the constitution by the Supreme Court have introduced many important modifications in the constitutions.
c.Laws of Congress:
The framers of the constitutions laid down only the general outlines of the governmental structure. The details have been filled in by the laws passed by the congress.
d.Convention:
A convention is a custom which by long usage has acquired the force or sanctity of the constitution. These are also an important source of the American Constitution.
e.Formal Amendments:
During the period of over 170 years, the American constitution has undergone a number of amendments in the original document.
3.salient features U.S.A Constitution:
Following are the salient features of the American constitution:
A)Written Constitution:
First prominent feature of the American constitution is that unlike the British Constitution, it is a written or documentary .It is very brief document and contains about 4000 words and at least 10—12 pages. It consists of preamble and seven articles only. The framers laid down only the fundamental principles and did not bother about the details. However, this does not mean that all the rules of the American constitution are to be found only in one document. It proclaims itself to be the “supreme law of the Land”.
b)Rigid:
Another feature of the American constitution is that it is rigid, which means that it cannot be amended by the congress by the ordinary procedure. The procedure is very intricate and difficult. It is, therefore, rightly remarked that “it the founding fathers were to return to life today, they would not find it difficult to recognize handiwork.
c) federal:
Another important feature of the American constitution is that it is federal in structure. Federalism is a device by which independent states form a union without losing their identity. The American states are units having autonomous powers; the centre cannot meddle in their affairs.
d) Separation of powers:
American constitution is based on the principle of “separation of powers”. The framers of the constitution believed that the separation of various organs of the government was necessary to ensure individual liberty and to check despotism. They, therefore, gave the presidential system to their people. In U.S all the legislative power is enjoyed by the president; he is not responsible to the legislative. The legislative powers have been vested in the Congress. The judicial powers are vested in the Supreme Court.
e) Checks and balances:
The framers of the U.S constitution were aware that a department, if left unchecked, would become oppressive. They, therefore, introduced checks and balances n the constitution. Thus, Congress has been given a share in the executive powers. It can check the president’s powers of making treaties and appointments. Similarly, the President enjoys the powers of suspense veto. By using this power he can influence legislation. He also enjoys judicial powers of giving pardon and reprieve.
f) judicial independence:
The direct consequence of separation of powers is the doctrine of judicial independence. In United States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other office can influence its independence.
g)Judicial Review:
An important feature of the American constitution is the power of judicial Review. The Supreme court in U.S is supreme not only in theory but also in practice. In U.K no court can challenge the power of Parliament; however in United States all the laws passed by the congress and state legislatures are subject to judicial review.
h) Fundamental rights and Liberty:
Another important feature of the American constitution is that it ensures certain fundamental rights for every America citizen, of which he cannot be deprived by any lawful authority. Freedom f religious worship, freedom of speech and press, right to assemble peacefully and property rights etc. are some of the fundamental rights enjoyed by the U.S citizens.
I) Popular Sovereignty:
The US constitution establishes the popular sovereignty of the people. The preamble of the constitution runs thus:
“We, the people of United States, in order to form a perfect union, establish justice, ensure domestic tranquility, promote general welfare and secure the blessings of liberty ourselves, do ordain and establish this constitution for the United States of America”
First words---------we, the people of United States..This means that the ultimate seat of authority in United States is the American people.
j) Limited Government:
Another important feature is the doctrine of limited government. Unlimited powers of the government would make them despotic which would lead to tyranny and violence. In U.K the Parliament is supreme whereas in United States the constitution is supreme and the powers of the government organs are limited.
K) Bicameral Legislature:
In United States, congress is the parliament, which consists of two houses. The Senate and the House of Representatives. This means that the type of legislation in U.S is bi-cameral.
l) Dual citizenship:
Every American citizen is entitled to the right of dual citizenship. First of all, he is the citizen of America and secondly he is the citizen of that state in which he lives. The feature of dual citizenship was introduced in the American constitution by the 4th amendment.
4.conclusion:
To conclude it can be said that U.S.A constitution is written in its nature.
Rigidity,bicameralism,dual citizenship,separation of power,judicial independence ete are its salient features.
1.Introduction and Evolution:
The present Federal government of U.S.A came into being in the year of 1789.The United States comprised of thirteen colonies of Great Britain. In the year 1776, these colonies at the Atlantic Coast rebelled against the mother country and became independent in 1783.During this period the revolted colonies established the “Articles of Confederation” as the first constitution in 1777.
However, this system could not last very long. There was no separate common executive nor was there any independent judiciary. An effective central government was the fundamental need of the hour. A convention for the purpose of framing the constitution was convened at Philadelphia in 1787.Thus the constitution was framed on the basis of this convention and was signed by the delegates on September 17,1787.This constitution came into force in 1789.since then it has undergone many changes, one of them being the increase in the number of states from 13 in 1787 to 50 at present.
2.Sources:
Following are the important sources of the American constitution.
a.Written Constitution of 1787:
This original constitution was drafted by a convention held at Philadelphia. It came into force in 1789.
b.Judicial Decisions:
The occasional interpretations of the constitution by the Supreme Court have introduced many important modifications in the constitutions.
c.Laws of Congress:
The framers of the constitutions laid down only the general outlines of the governmental structure. The details have been filled in by the laws passed by the congress.
d.Convention:
A convention is a custom which by long usage has acquired the force or sanctity of the constitution. These are also an important source of the American Constitution.
e.Formal Amendments:
During the period of over 170 years, the American constitution has undergone a number of amendments in the original document.
3.salient features U.S.A Constitution:
Following are the salient features of the American constitution:
A)Written Constitution:
First prominent feature of the American constitution is that unlike the British Constitution, it is a written or documentary .It is very brief document and contains about 4000 words and at least 10—12 pages. It consists of preamble and seven articles only. The framers laid down only the fundamental principles and did not bother about the details. However, this does not mean that all the rules of the American constitution are to be found only in one document. It proclaims itself to be the “supreme law of the Land”.
b)Rigid:
Another feature of the American constitution is that it is rigid, which means that it cannot be amended by the congress by the ordinary procedure. The procedure is very intricate and difficult. It is, therefore, rightly remarked that “it the founding fathers were to return to life today, they would not find it difficult to recognize handiwork.
c) federal:
Another important feature of the American constitution is that it is federal in structure. Federalism is a device by which independent states form a union without losing their identity. The American states are units having autonomous powers; the centre cannot meddle in their affairs.
d) Separation of powers:
American constitution is based on the principle of “separation of powers”. The framers of the constitution believed that the separation of various organs of the government was necessary to ensure individual liberty and to check despotism. They, therefore, gave the presidential system to their people. In U.S all the legislative power is enjoyed by the president; he is not responsible to the legislative. The legislative powers have been vested in the Congress. The judicial powers are vested in the Supreme Court.
e) Checks and balances:
The framers of the U.S constitution were aware that a department, if left unchecked, would become oppressive. They, therefore, introduced checks and balances n the constitution. Thus, Congress has been given a share in the executive powers. It can check the president’s powers of making treaties and appointments. Similarly, the President enjoys the powers of suspense veto. By using this power he can influence legislation. He also enjoys judicial powers of giving pardon and reprieve.
f) judicial independence:
The direct consequence of separation of powers is the doctrine of judicial independence. In United States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other office can influence its independence.
g)Judicial Review:
An important feature of the American constitution is the power of judicial Review. The Supreme court in U.S is supreme not only in theory but also in practice. In U.K no court can challenge the power of Parliament; however in United States all the laws passed by the congress and state legislatures are subject to judicial review.
h) Fundamental rights and Liberty:
Another important feature of the American constitution is that it ensures certain fundamental rights for every America citizen, of which he cannot be deprived by any lawful authority. Freedom f religious worship, freedom of speech and press, right to assemble peacefully and property rights etc. are some of the fundamental rights enjoyed by the U.S citizens.
I) Popular Sovereignty:
The US constitution establishes the popular sovereignty of the people. The preamble of the constitution runs thus:
“We, the people of United States, in order to form a perfect union, establish justice, ensure domestic tranquility, promote general welfare and secure the blessings of liberty ourselves, do ordain and establish this constitution for the United States of America”
First words---------we, the people of United States..This means that the ultimate seat of authority in United States is the American people.
j) Limited Government:
Another important feature is the doctrine of limited government. Unlimited powers of the government would make them despotic which would lead to tyranny and violence. In U.K the Parliament is supreme whereas in United States the constitution is supreme and the powers of the government organs are limited.
K) Bicameral Legislature:
In United States, congress is the parliament, which consists of two houses. The Senate and the House of Representatives. This means that the type of legislation in U.S is bi-cameral.
l) Dual citizenship:
Every American citizen is entitled to the right of dual citizenship. First of all, he is the citizen of America and secondly he is the citizen of that state in which he lives. The feature of dual citizenship was introduced in the American constitution by the 4th amendment.
4.conclusion:
To conclude it can be said that U.S.A constitution is written in its nature.
Rigidity,bicameralism,dual citizenship,separation of power,judicial independence ete are its salient features.
LLB NOTES MCQS ON USA CONSTITUTION
MCQs on CONSTITUTION OF USA
LLB NOTES MCQS ON USA CONSTITUTION_______________________________ _____________1. The American Declaration of Independence was issued in:
a) 1772
b) 1781
c) 1776
d) 1787
e) None of the above
2. The number of Presidents who have served for more than 8 years:
a) None
b) 1
c) 2
d) 3
e) None of the above
3. The Vice-President of USA is elected for the term of:
a) 4 years
b) 5 years
c) 6 years
d) 2 years
e) None of the above
4. The US Senate comprises of:
a) 98 members
b) 100 members
c) 120 members
d) 102 members
e) None of the above
5. Gerald Ford was US President by the constitution doctrine of:
a) Appointment
b) Election
c) Succession
d) Heredity
e) Non of the above
6. The month and date on which declaration of independence was issued was:
a) 4th of July
b) 5th of March
c) 6th of April
d) 14th of August
e) None of the above
7. The Article of Confederation was adopted on:
a) 1st March, 1781
b) 2nd April, 1981
c) 8th July, 1788
d) 4th July, 1941
e) None of the above
8. Article of confederation was Law over total:
a) 13 States
b) 50 States
c) 51 states
d) 40 States
e) None of the above
9. The New Constitution of USA came into effect in:
a) 1777
b) 1778
c) 1779
d) 1973
e) 1787
f) 1789
g) None of the above
10. The new Constitution was ratified in:
a) 1777
b) 1778
c) 1779
d) 1973
e) 1787
f) 1789
g) None of the above
11. Total membership of House of Representative is:
a) 435
b) 440
c) 310
d) 100
e) None of the above
12. The upper house is elected for the term of:
a) 2 years
b) 4 years
c) 6 years
d) 8 years
e) None of the above
13. The lower House is elected for the term of:
a) 2 years
b) 4 years
c) 6 years
d) 8 years
e) None of the above
14. The upper House of US Congress is called:
a) Senate
b) House of Representatives
c) House of Lords
d) House of Commons
e) None of the above
15. The Lower House of the US Congress is called:
a) Senate
b) House of Representatives
c) House of Lords
d) House of Commons
e) None of the above
16. The first 10 amendments are known as:
a) Bill of Senatorial Courtesy
b) Bill of Executive
c) Bill of Legislature
d) Bill of Rights
e) None of the above
17. The Central Legislature of US is known as:
a) The Parliment
b) The Union
c) The meeting
d) The Congress
e) None of the above
18. The US at the moment is federation consisting of:
a) 13 States
b) 45 States
c) 51 States
d) 50 States
e) None of the above
19. The US was initialy formed by:
a) 10 States
b) 11 States
c) 15 States
d) 13 States
e) None of the above
20. The American revolution began in:
a) 1776
b) 1778
c) 1765
d) 1739
e) None of the above
21. The Philadephia convention was attended by delegates from:
a) 12 States
b) 13 States
c) 11 States
d) 9 States
e) None of the above
22. The American Constitution is a:
a) Understood document
b) Un-written document
c) Written document
d) Does not exist
e) None of the above
23. The American Constitution envisages the doctrine of:
a) limited government
b) limited department
c) limited public
d) limited bureaucracy
24. The first President of USA was:
a) John Adams
b) J.F. Kennedy
c) Richard Nixon
d) George Washington
e) None of the above
25. the first Vice-President of USA was:
a) John Adams
b) Thomas Jefferson
c) George Clinton
d) Richard Johnson
e) None of the above
26. 1968 Presidential election winner was:
a) Richard Nixon
b) J.F. Kennedy
c) John Tyler
d) Andrew Johnson
e) None of the above
27. Senate is the House of:
a) People
b) federating States
c) Opposition Party
d) Ruling Party
e) None of the above
28. House of Repesentatives is the house of:
a) People
b) federating States
c) Opposition Party
d) Ruling Party
e) None of the above
29. The American Congress is:
a) Uni-Cameral legislature
b) Tri-Cameral legislature
c) Bi-Cameral legislature
d) Quadruple legislature
e) None of the above
30. According to the constitution the head of the State of USA is:
a) Vice-President
b) President's Pro Tempore
c) The President
d) Secretary of State
e) None of the above
31. The American President is elected for the term of:
a) 2 years
b) 4 years
c) 5 years
d) 6 years
e) None of the above
32. The age of American President must at least be:
a) 25 years
b) 30 years
c) 35 years
d) 40 years
e) None of the above
33. The only Catholic President in USA was/is:
a) George Washington
b) Ronald Reagon
c) J.F. Kennedy
d) Abrahm Lincoln
e) None of the above
34. The 22nd amendment, ratified in 1951, implemented that no President can hold office for more than:
a) 2 terms
b) 3 terms
c) 1 term
d) 4 terms
e) None of the above
35. The total number of amendments made in US constitution in over 200 years is:
a) 50
b) 28
c) 27
d) 30
e) None of the above
36. The number of Presidents who resigned from the office is:
a) 1
b) 2
c) 5
d) 7
e) None
37. The American legislature consists of:
a) 2 Houses
b) 4 Houses
c) 3 Houses
d) 1 House
e) None of the above
38. The Presiding head of the Senate is:
a) The President
b) The Vice-President
c) The Speaker
d) The secretary of State
e) None of the above
39. In case the Vice-President is not available to preside over the Senate meeting, it would than be Presided over by:
a) The Governor of any State
b) Secretary of State
c) The President
d) The President's Pro-Tempore
e) None of the above
40. The President of US does not require approval from the Senate when appointing senior civil-officers, secretaries, diplomats etc:
a) True
b) False
c) President does not have power of appointment
41. President does not require Congressional approval to declare war:
a) True
b) False
42. President does not has authority to call for emergency meeting of Congress:
a) True
b) False
43. In case both President and Vice-President are dead, resgined or unable to perform their duties, than the Presidency would be handed over to:
a) Secretary of State
b) Governor of State which has majority population
c) President's Pro-Tempore
d) Secretary of Defence
e) None of the above
44. The only President to have served for more than 12 years in American history is:
a) Richard Nixon
b) Bill Clinton
c) George Washington
d) F.D. Roosevelt
e) None of the above
45. J.F. Kennedy was succeeded by his Vice-President:
a) Gerald Ford
b) Richard Nixon
c) Lyndon Johnson
d) George Bush
e) None of the above
46. President F.D.Roosevelt was succeeded by his Vice President:
a) H.S.Trumman
b) J.F. Kennedy
c) George Bush
d) D.D. Eishower
e) None of the above
47. The Commander-in-Chief of the American revolutionary army was:
a) H.S.Trumman
b) George Washington
c) John Adams
d) Thomas Jefferson
e) None of the above
48. The number of subjects upon which the US constitution has vest power over the federal government are:
a) 50
b) 11
c) 18
d) 29
e) None of the above
49. Approval or ratification of federating States in order to make amendments in the US constitution is not required:
a) True
b) False
50. The American constitution is the most Rigid constitution of the world:
a) True
b) False