1.
INTRODUCTION
Despite
some of its distinct features, American Political system developed under the
strong impact of British legacy.
According
to Montesquieu
"American
legal system has its roots deeply planted in the English legal norms &
institutions".
2.
BACKGROUND / HISTORY
North
America between Canada and Mexico, a region of varied geography and rich
natural resources was colonized chiefly by the English. Beginning in 1607,
joint stock companies & private individuals established thirteen (13)
colonies. Men settled there in the hope of prosperity and political and
religious freedom. They had some degree of self-governing colonies. The three
main regions, i.e., New England, the Middle colonies, and the Southern Colonies
depended heavily on trade and resented English mercantilist restrictions.
3.
DECLARATION OF INDEPENDENCE
After
Britain defeated France .in the French and India War, she tried to enforce
trade laws and impose new taxes in order to pay war debts and provide for defense.
The British used writs of assistance and trails without jury, which Americans
protested as violations of their rights. Colonial resistance increased British
as determination, and relations deteriorated steadily. The Revolutionary War
broke out in 1775. The following year, i.e., 1776 the Second continental Congress
adopted the Declaration of Independence. It is to be noted that in the midst of
the struggle for freedom' the word 'State' began to be used for colonies.
4.
FORMATION OF SEPARATE CONSTITUTIONS FOR STATES
After
obtaining independence, different States formed their separate constitutions;
quite a few adopted the old Charters as new constitutions. By the end of 1780,
the Last State Massachusetts adopted its constitution. Almost all the State constitutions
incorporated "Separation of Powers" and the powers of governors were
curtailed. Most of the State Legislatures were bicameral while old judicial
system was preserved. Fundamental rights were secured and given constitutional
protection.
5.
CONFEDERAL PHASE
The
newly independent American States were at first governed by the Articles of
Confederation. These provided a legislature with powers to pass certain laws.
But there was no executive, so the individual States had to enforce and
administer these laws. There was also no United States Courts, and cases
involving the laws of the United States had to be tried in State Court.
Although,
the government created by the Articles of Confederation was weak, it was
responsible for one notable achievement, i.e., the establishment of a
democratic policy for dealing with new American Territory. The Government under
the Articles of Confederation succeeded in solving the land problems. However,
American soon realized that the Articles were inadequate.
6.
FAILURE OF CONFEDERATION
The
Articles of Confederation was implemented in March 1781. It was, no doubt,
comparatively more effective than the temporary Union formed in the struggle
for freedom, but .soon its weaknesses began to be felt.
7.
REASONS FOR FAILURE OF CONFEDERATION
The
major reasons of its failure were its certain inherent weaknesses. The central
government, under the 'Articles of Confederation' was not given as much powers
necessary to put into execution 'important policy decisions. Congress had no power
to impose taxes, as a result central set-up had soon to face financial crisis.
The component States were required to give financial assistance but they did
not fulfill their responsibilities. Whereas the Center had no power to enforce it's
will and compels them to pay their due share. The Congress was also not
authorized to enact laws directly for the citizens of Confederal Units under
'Articles' a full-fledged governmental structure, consisting of executive,
legislature and judiciary, could not be evolved. The method of amendment of the
basic documents viz., Articles, was a bit complicated. Congress was given the
power to propose amendment but ratification from each State's legislature was
required, which proved a very difficult task. As a result, wide spread feeling
in favor of strong Center got its way. Hamilton and Madi on demanded that a
convention be convened which could amend the constitution of Confederation
& authorized to review the whole legal and political system. In 1786 a
convention was held at annuls in which representatives of five States
participated. It was decided under the leadership of Hamilton & Madison
that -a general convention of all States be summoned at Philadelphia. The Congress
had no option except to approve this proposal in February, 1787.
8. DRAFTING
THE CONSTITUTION
The
proposed convention was held a Philadelphia in May 1787, in which 55
representatives of 12 States, except Phode Island, participated, including such
famous ones as George Washington, Alexander Hamilton, James Madison, Benjamin
Franklin, etc, George Washington was unanimously elected as the President in
the very first session, while other decisions were taken by majority vote. On the fifty day, the convention
adopted the resolution initiated by the governor of Virginia that sought to
form a notional government. Hence, the idea to amend the "Articles of
confederation" was dropped.
Different
proposal regarding the formation of a new constitution were discussed,
ultimately in September 1787, the new constitution of United States of America
was adopted and signed by the participants. It was decided that it would be
implemented after having been ratified by nine out of thirteen States. The
draft of the constitution was sent to the Congress which dispatched it for ratification
to the State legislature. Nine States signed the document by 21st June, 1787
and Congress made an announcement to this effect on 4th July, 1787. New House
of Representatives was elected in 1789 and after it the Senate came into being.
The new President of the Republic, George Washington, took oath of office under
the constitution on 30th April, 1789. Since then many changes have taken place
in it, one change being the increase in the number of States from 13 in 1787 to
50 at present.
9. CONCLUSION
Keeping
in view that U.S constitution is the basic instrument of government and supreme
law of the land. The present constitution of U.S.A. was adopted at Philadelphia
convention held in 1787 and it came into force in 1789 after it had been
ratified by the minimum required number by States. It is the briefest
constitution of the world.
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