Despite
the rigidity of American Constitution, the process of its evolutionary growth
cannot be undermined. A static constitution, in fact, by changing sock) cannot
afford to oope up with the problems generated.
Economic and political environments. American Constitution, on the other
hand, has shown remarkable potentialities to meet the ever-changing conditions.
Consequently; at present constitutional concepts and its principles seem to be
somewhat different as these were envisaged in the original document. Some of
these constitutional changes were made consciously through constitutional
amendments while other factors also diffused many changes. All these factors that
contributed in the development of the Constitution and in its evolution are
given below;
1-Formal Amendments.
Despite
the difficult method of amendment, as proposed in the Constitution, it is not,
however, impossible to amend the document. At various times, it was amended to
keep the constitutional ideas and institutions in line with environmental
settings. The first ten amendments, for example inserted a bill of Fundamental
Rights. An important amendment relating to income tax, contributed in the maintenance
of fiscal balance between the federal and state governments. The method of
'election to the Presidency was changed through constitutional amendment. Under
thirteenth amendment, slavery was declared unlawful. In February 1870, under
fifteenth amendment, the Blacks were enfranchised on equal footing with
citizens of white races. Under seventeenth amendment, election to the senate
was made direct. Nineteenth amendment ensured right to vote to all women on the
basis of adult suffrage. According to 22nd amendment, third term of the
Presidency was declared unconstitutional. Twenty sixth amendments, which took
place in 1971, prescribed 18 years minima m age requirement for all voters.
According to 27th amendment, no law affecting the compensation of the Congressmen
can become effective until an election of the House of Representatives shall
have intervened. Nevertheless, formal amendments to the Constitution, did not
play a very pivotal' role in its growth.
2.
Legislation.
All
such laws of the Congress as seek to explain and interpret law of the
constitution, are regarded the part of the constitutional law. The constitution
itself acknowledges the legal validity of such laws. "To make all laws
which shall be necessary and proper for carrying into execution the foregoing
powers—" (Art 18 Sect. VIII). The Framers left certain matters to be
enacted through legislation. Rules and regulations in respect of the organization
and composition of different political institutions are to be made by the
legislatures. For instance, the method of election of Congressmen and the qualifications
of voters are regulated under respective state laws. The rules relating to
presidential succession, in case of resignation, removal or disqualification of
a President; are, regulated under an act of Congress. It is to be noted, that
the constitution mentions about the executive only while the structure of
administration and that of other departments, has been regulated under
Congressional laws. The Congress determines all matters relating to the organization,
method and exclusive jurisdiction of the federal courts. Certain special courts
were established under the laws of the Congress.
3.
Judicial Interpretations.
Judges
of the superior courts performed a positive role in regard to the development
of the Constitution, through judicial interpretations. The real function of a
judge is, of course, restricted to the interpretation and application of law to
particular cases. By interpreting the Constitution, the judges very often give
new meanings to law. American Supreme Court, through its power of/Judicial
Review, kept the constitutional law in line with changing needs.The Supreme
Court liberally interpreted the Constitution in favor of a strong federal
government which has been the need of modern age. At the time of drafting the
Constitution, the Framers intended to secure maximum autonomy to the states.
Similarly, perceiving the present day economic trends, the Supreme Court has
interpreted the constitutional provisions regarding 'Regulation of Commerce' in
a different sense. The ever-increasing role of the President in day to day
administration, owes a lot to judicial interpretations which enhanced his
powers. For example, nowhere does the Constitution throw light on the method
relating to the removal of federal officials. Supreme Court, in a case, recognized
the power of the President to remove federal officials without the approval of
the Congress.
4.
Executive Decrees
The
real function of administrative officials is to execute laws; they also
exercise the power of delegated legislation. Hence they make new rules and
regulations necessary for carrying into execution the statutes. Similarly, they
issue new rules while implementing constitutional laws, which are ultimately
treated as its part. Executive decrees or rules, however, can be challenged in
the courts if they are repugnant to the constitutional law.
5.
Development by conventions
Just
as written sources are part of an unwritten Constitution, likewise usages also
develop within a written Constitution. In America, conventions could not, of
course, attain as much importance as these are considered in British
constitutional system. Nevertheless, different affairs of government are
conducted under the impact of conventions. These conventions have appreciably
performed useful role in the development of the Constitution. Important
conventions are given below:
CONVENTIONS OF THE CONSTITUTION
1.
Indirect method of election of the President has been prescribed in the
Constitution but under the impact of present day democratic trends and the
emergence of strong party system, it has practically become direct one; though
the procedural rules, envisaging indirect method, are still followed.
2.
After his election, the newly elected President explains his policies in the
Congress.
3.
Nowhere does the Constitution make it a requirement that the President and Vice
President should belong to two different states. According to a Convention,
both the offices are expected to go to two different states.
4.
The members of Presidential Cabinet do not attend the sessions of the Congress
but they can participate in the meetings of the Committees.
5.
According to a Convention, a member of the House of Representatives is supposed
to be the resident of the district from which he has been elected.
6.
Senate generally approves all such Presidential appointments which have been
approved by both the Senators of the state in which the officials are to be
posted. Moreover, the Senate invariably gives approval of all Presidential
appointments of higher officials.
7.
Seniority is given due weight age is respect of the selection of the chairmen
of congressional committees. Such members are selected Seniority is given due
weight age in respect of the selection of the committee and are also members of
the majority party.
8.
All money bills originate in the House of Representatives. The procedure of
law-making in the Congress is also based on conventions.
Before
the 22nd amendment of the Constitution, the third term for Presidential
candidate was considered undesirable, hence against an established practice.
But this long-standing Convention was broken duri8r war-time. President
Roosevelt was elected not only for third rather for fourth term as well. In
fact, deviation from the customary ways of life is possible when it becomes
indispensable. Under the circumstances, no law is violated. To alter a law
requires, on the other hand, a difficult process, which is not feasible during
emergency conditions.
Utility
of the Conventions
Conventions
of the Constitution have made valuable contribution in making the political
system more democratic. The present procedure of the election of the President,
to cite an example, has become practically direct one, though constitutional
requirements remain intact. Conventions have remedied the excursiveness
generated by the Separation of Powers, which was difficult to enforce in letter
and spirit in the working of a modern government. At present, close
collaboration between the executive and legislative branch of government is
inevitable. Thus the members of Presidential Cabinet do not participate in the
Congressional sessions but they do attend the meetings of its committees, which
are legislatures
Other
factors
Other
factors which contributed in the development of the constitutional structure
are: :the emergence of political parties and that of the interest groups and
extension in suffrage
(a) Emergence of political parties in the
early period is a matter which is not clear as these could be termed merely
political groups. Soon their emergence became inevitable. At present, the parties
bridge the gulf between the national government and the state governments on
the one hand and between different ,branches of government on the other. As a matter
of fact credit goes to the parties to tone down the rigidity of the Division of
Powers and That of the Separation of Powers,
i.e. two important principles of the Constitution.
(b)
Right to vote was rot secured or the basis, of 'adult suffrage in the early period.
Under the fifteenth amendment of the. Constitution, the states were required
not to deprive anyone of the right to vote on the basis of such discrimination
as color, race or previous servitude.
From
1900 to 1930, the Blacks of Southern States were deprived of franchise but were
later enfranchised under Civil Rights Acts of 1957, 1960, of the Congress.
Women were enfranchised on the basis of adult suffrage under 9th amendment of
the Constitution. Extension in suffrage bore healthy trends in politics and had
establishing effects on the political system.
(c) Emergence
of interest groups also contributed in the evolution of constitutional
institutions in their present form. These groups articulate their interest
through lobbying. Most of the bills passed by the. Congress is shaped under
pressure politics.
0 comments:
Post a Comment