7.

Critical Period
Older textbooks described the 1780s as the "critical period" of American history.

In domestic affairs:

 The national government was on the verge of bankruptcy and the nation's currency was
virtually worthless.

 Continental Army officers threatened military action against Congress.

 Armed mobs in Massachusetts closed courts and threatened a state armory.

 States imposed heavy duties on neighboring states

In foreign affairs:

 North African pirates enslaved American sailors.

 Britain, in violation of the peace treaty ending the Revolution, refused to evacuate its forts on
American soil.

 Spain conspired with Westerners, including the famous frontiersman Daniel Boone.

The label the "critical period" was exaggerated. The 1780s also established the foundation
for future economic and geographical growth. Many farmers made a decisive shift away
from subsistence farming toward commercial agriculture.

8. Constitutional Convention 1787

 In September 1786, 12 delegates from five states met in Annapolis, Maryland to discuss ways of
amending the Articles of Confederation. Alexander Hamilton issued a call for a second
convention in May 1787.
 On May 25, 1787, 55 delegates, representing every state but Rhode Island, met at the
Pennsylvania State House in Philadelphia, which is now known as Independence Hall.
 Notable delegates included George Washington, Benjamin Franklin, Alexander Hamilton, and
James Madison.
 The first question facing the delegates was whether to attempt to amend the Articles of
Confederation or to throw out the Articles and create a new framework of government. The
decision was made early on to create a new framework embodied in a new national
constitution. At this point, the convention became known as the Constitutional Convention.
 James Madison presented the first suggested framework of government which contained a
solution to this conflict of interests in the Virginia Plan. The Virginia Plan met with staunch
opposition, especially in regard to the scheme for representation as proportional to population.
 William Patterson presented an alternative to the Virginia Plan, called the New Jersey Plan. The
New Jersey Plan called for a unicameral congress in which each state would have an equal
number of seats.
 On July 17, 1787 the committee approved the Connecticut Compromise. Which gave each state
an equal vote in the upper house, and made representation in the lower house proportional to
population.
  On September 17, 1787, the new Constitution was approved by the convention and sent to the
states for ratification.

9. Salient Features of US Constitution

The United States Constitution was groundbreaking in numerous ways, establishing a new government,
the likes of which the world had never seen. The U.S. Constitution has the oldest written national
framework of government in the world. At the end of the 20th century, there were about 159 other
national constitutions in the world, and 101 had been adopted since 1970. While the United States has
been governed by a single framework of government for over two centuries

Its population has soared from just 4 million to nearly 300 million. The federal budget has risen from $4
million in 1790 to over $1 trillion today. Yet the basic framework of government has remained
unchanged.

9.1. Written Constitution:

First prominent feature of the American constitution is that unlike the British Constitution, it is 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.

Three of the articles are related to structure and powers of Legislative (Article 1), Executive (Article 2)
and Judiciary (Article 3).

Article one is the longest and cannot be amended.

9.2. Rigid Constitution:

It cannot be amended by the congress by the ordinary procedure. The procedure is very intricate and
difficult. The procedure to amend Constitution consists of 2 steps;

a. Proposal for Amendment:

There are two ways to propose for amendment.

Either two-third (67%) of both the houses (Senate and House of Representatives) shall propose
for amendment to constitution or

On the application of legislatures of two-third (67%) states shall call a convention for proposing
amendment.

b. Ratification of Proposal:

The amendment shall be ratified by the legislatures of three fourth (75 %) of all states or by the
convention of three fourth of states

9.3. Popular Sovereignty:

The U.S constitution establishes the popular sovereignty of the people. This means in U.S, the people
rule i.e. they have delegated their powers to the government and the government owes its authority to
the will of the people. The principle of popular sovereignty is stated in the Preamble of constitution as
"we the people do ordain and establish this constitution for United States of America." This means that
the ultimate seat of authority in United States is the American people.

4. Bicameral Legislature:

The constitution of USA provides for bicameral legislature. According to Article 1, "All legislative powers
are vested in Congress." In United States, congress is the parliament, which consists of two houses;
House of Representatives and the Senate. House of Representative is regarded as the Lower House and
the Senate is the Upper House.

a. House of Representatives:

The House of Representatives has 435 members who are elected by the people for a period of two years
on population basis i.e. state with larger population gets more seats in this house like California has 53
members.

b. Senate:

The members of Senate are elected by the state legislatures. Each state has two senators which means
each state has two votes in senate. These senators are elected for a period of six years. The total
number of senators is 100 as the total states are 50.

5. 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.
The powers are divided among Congress, President and the Judiciary.

Congress has the power to make laws which outline general policies and set certain standards. President
can enforce, execute and administer law. He is assisted by his cabinet but is solely responsible for all
actions of Executive branch. Judicial Powers are exercised by the Supreme Court which interprets laws
and decided cases and controversies in conformity with the law and by the methods prescribed by law.

In short, In U.S.A all the legislative power is enjoyed by the president; he is not responsible to the
legislative. The powers have been vested m the Congress. The jud\c\a\ powers ate vested m the
Supreme Court..

6. Checks & 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 in the constitution. The separation of
powers confirms the system of Checks and Balances. This system prevents misuse of powers. The
powers are provided in such a way that it provides a check upon other institutions.

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.All
this creates a system which makes compromises necessary which is a sign of healthy democracy. It
prevents the rise of dictators as well.

7. 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.

8. Federal System:

The U.S constitution provides for a federal system of government. Federalism is a device by which
independent states form a union without losing their identity. According to Article 1, the federal
government has jurisdiction over 18 matters and residuary powers are vested in states. States are
autonomous bodies and centre cannot interfere in their affairs. In case of conflict, Supreme Court
decides or settles the I dispute.

9. Presidential System:

The constitution provides for a presidential form government. Article 2 provides the powers, election
and their matters related to president. President is elected for a term of 4 years and is not answerable
to Congress and cannot dissolve Congress. He has a cabinet to assist him in running his executive
powers.

10. Republicanism:

The constitution calls for a republican system with President as elected head of the state. The
constitution derives its authority from the people and is supreme law of the land. Neither centre nor
states can override it.

11. Fundamental Rights and Liberty:

Another important feature of the American constitution is that it ensures certain fundamental rights for
every America citizen. He cannot be deprived of these rights by any lawful authority. The first ten
amendments to the constitution are called "Bill of Rights". The Bill Of Rights provides for the rights of a
person's property, liberty, freedom of speech, press, religion and assembly.

12. Dual Citizenship:

The constitution provides for dual citizenship i.e 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.

13. System of Spoils:

When a president is elected, he does appointment of public offices. If in elections, the President is
elected who is of the opposition party, he dismisses the public office bearers and makes fresh
appointments. Under this system, a civil servant intend by one president on political consideration
cannot Plain his office when an opposition President secures victory in polls.
14. Judicial Review:

ate 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. Iu 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.

15. 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.