The Nature of the Constitutional Law of the USA.

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This Article is Written by Vaishnavi of Barkatullah University, Intern under Legal Vidhiya

Introduction: –

The fourth largest country in the world and worlds’ greatest economic power, the United States of America is a federal republic of 50 states. It forms a “Coming together Federation” that is the states have mutually come together to the United States unlike that of India which has “Holding Together Federation” that is the states are held together and they cannot exit the federation.

The US has a diversified sheer economic size and highly developed industries. Its import and export are a major proportion of the world total.

Let’s see how such a great economy is being governed in terms of its Constitutional laws and what is the nature of its Constitutional law.

The Constitutional laws of USA: –

The United States Constitution is the supreme law of the land in the United States of America. It establishes the framework for the federal government and sets out the fundamental principles that guide the country. The Constitutional Law of the United States governs the interpretation as well as the implementation of its Constitution. It deals with the scope of authority and power of the federal government of the its states and the fundamental rights of the citizens. Constitutional laws in the USA refer to the legal principles and rules derived from the Constitution that govern the relationships between the government and the citizens. The Supreme Court of the States has the ultimate authority of such interpretation of the Constitution and it the Supreme Court only that has the power to check the constitutionality of the statutes of states and federal. This power granted to the Supreme Court by the Constitution included the power of judicial review and it empowers the Court to declare void the laws that conform the Constitution.

The Constitution of the States is considered as the first written Constitution of the world. The Constitution was drafted in 1787 and ratified in 1788, and has been amended 27 times since then. The first ten amendments, collectively known as the Bill of Rights, were added in 1791 to protect individual rights such as freedom of speech, religion, and the press. The U.S. Constitution established a framework for a federal government with three branches, a system of checks and balances, and a Bill of Rights that protected individual liberties. It has been a model for constitutions around the world and has influenced the development of constitutional law and government in many countries. Subsequent amendments have addressed issues such as voting rights, presidential term limits, and the prohibition of slavery.

Constitutional laws in the USA are divided into two broad categories: substantive and procedural. Substantive laws are laws that define and regulate the rights and duties of citizens and the government. They are concerned with the substance of legal rights and obligations, such as the right to free speech or the right to bear arms. Procedural laws, on the other hand, are concerned with the procedures that must be followed in order to enforce substantive laws. They establish the rules for how legal disputes are resolved and how trials are conducted.

Features of the Constitutional laws of the United States: –

System of Check and Balance: –

One of the most important features of constitutional laws in the USA is the system of checks and balances. The Constitution divides power among the three branches of government – the legislative (Article 1), executive (Article 2) and judicial branches (Article 3) – to prevent any one branch from becoming too powerful. Each branch has the ability to check the power of the other branches, ensuring that no single branch becomes too dominant.

For example, the President can veto a bill passed by Congress but Congress can override the veto with a two-thirds vote in both the House of Representatives and the Senate. Similarly, the Supreme Court has the power of judicial review, which allows it to declare acts of Congress or the President as unconstitutional.

Federalism: –

One important aspect of constitutional laws in the USA is the principle of federalism. This principle divides power between the federal government and the states, and ensures that each level of government has its own sphere of authority. The Constitution grants certain powers to the federal government, such as the power to regulate interstate commerce and to declare war, while reserving all other powers to the states or to the people. This done to decentralise and balance the power between the centre and states. Also, the states are more closely related to the people than the centre.

Judicial Review: –

Judicial review is a fundamental principle in the United States that empowers the federal courts to declare laws and government actions unconstitutional. This principle was established by the landmark Supreme Court case Marbury v. Madison in 1803. Judicial review allows the courts to interpret the Constitution and determine the constitutionality of laws and executive actions. It serves as a check and balance on the other branches of government, ensuring that they do not exceed their constitutional powers.

The Supreme Court has used judicial review to strike down numerous federal and state laws, including those related to civil rights, voting rights, and privacy. However, the exercise of judicial review has been controversial at times, with some arguing that it undermines democratic processes by giving unelected judges too much power.

In Brown v. Board of Education (1954), the Court declared segregation in public schools unconstitutional, marking a significant victory for civil rights and overturning the “separate but equal” doctrine.

In another case of Roe v. Wade (1973), it established a woman’s right to choose to have an abortion, based on the right to privacy under the Fourteenth Amendment.

In United States v. Nixon (1974) it established the principle that the President is not above the law and can be subject to legal proceedings, even during their time in office.

Federal and State laws: –

In the United States, there are two primary sources of law: federal and state law. Federal law refers to laws created by the federal government and applies to the entire country. The Constitution grants the federal government the power to regulate specific areas, such as interstate commerce, national security, and foreign policy. The federal government also creates laws that apply to specific areas, such as environmental protection, consumer protection, and civil rights.

State law refers to laws created by individual states and applies only within that state’s borders. Each state has its own constitution, legislative bodies, and court systems that create and enforce state law. States have the power to regulate areas not covered by federal law, such as criminal law, family law, and real estate law.

In some cases, federal and state law may conflict. When this occurs, the Supremacy Clause of the Constitution dictates that federal law prevails over state law. Additionally, federal law may conform state law in certain areas, meaning that federal law supersedes conflicting state law.

Overall, federal and state law work together to create a system of laws that govern the United States, with each level of government having its own areas of authority and responsibility.

Both federal and state laws must comply with the Constitution.

Principles of US Constitutional law and India: –

Here are some of the key features of the US Constitution that India borrowed:

Preamble: The Preamble of India’s Constitution is similar to that of the US Constitution. It declares that India is a sovereign, socialist, secular, democratic republic, just as the US Constitution establishes the United States as a more perfect union, established justice, and secured the blessings of liberty.
Fundamental Rights: The Indian Constitution’s fundamental rights provisions, such as the right to equality, freedom of speech and expression, and the right to life and liberty, were influenced by the US Constitution’s Bill of Rights.
Independent Judiciary: The concept of an independent judiciary is borrowed from the United States Constitution, which established the Supreme Court and gave it the power of judicial review.
Federal System: The Indian Constitution adopted a federal system of government, which was influenced by the US Constitution’s division of power between the federal government and the states.
Impeachment: The Indian Constitution provides for the impeachment of the President and other high officials, a procedure that was borrowed from the US Constitution.
Directive Principles of State Policy: The Indian Constitution’s directive principles of state policy were influenced by the US Constitution’s emphasis on social welfare and the general welfare clause.