Omar Bennett
The constitution is a set of fundamental principles or established precedents that a country is governed by. The Indian Constitution, for example, has a preamble and 470 articles, grouped into 25 parts, 12 schedules, and five appendices. It came into existence on 26 November 1949, and was influenced by the Government of India Act 1935, the Indian Independence Act 1947, and the historical perspective of Indian nationalist struggles. The US Constitution, on the other hand, is composed of a preamble, seven articles, and 27 amendments, with the first 10 amendments known as the Bill of Rights. The Library of Congress holds a variety of primary and secondary source materials associated with the US Constitution, including essays, reports, notes, journals, letters, and printed items.
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What You'll Learn
The Indian Constitution and its historical context
The Indian Constitution, which came into existence on 26 November 1949, is the world's longest written constitution for a sovereign nation. It is also the world's most frequently amended national governing document, having been amended 106 times. The constitution is the supreme legal authority in India, and it establishes the country as a 'Sovereign Socialist Secular Democratic Republic with a Parliamentary form of Government'.
The Constituent Assembly of India drafted the constitution, drawing on features of other nations' constitutions as well as the Government of India Act 1935. The constitution was also influenced by India's historical context, including the nationalist struggles for independence and the geographical diversity of the country.
One of the unique features of the Indian Constitution is its provision for a single integrated system of courts to administer both Union and State laws. The independence of the judiciary is a fundamental aspect of the constitution, with the judiciary empowered to invalidate legislations or government actions that violate the constitution. The constitution also grants all citizens fundamental rights, including the Right to Equality, the Right to Freedom, the Right against Exploitation, the Right to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.
The Indian Constitution also establishes a federal system of governance between the Union and the States, separation of powers between the legislative, executive, and judicial organs of government, free and fair elections, and a secular state that recognises freedom of conscience and religion. The constitution provides for a parliamentary form of government, led by a Prime Minister as the head of government and a President as the head of state.
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The Government of India Act, 1935
The Act was based on a report by a Joint Select Committee, led by Lord Linlithgow, which scrutinised the 'White Paper', a scheme of constitutional proposals prepared by the British government. The Act was written in a legal style and was organised around 11 'Parts' and 10 'Schedules', with each 'Part' further divided into chapters.
The Act played a crucial role in the drafting of the Constitution of India in 1950, with a significant portion of the administrative provisions of the Constitution borrowed from it. However, it was viewed by most political parties in India as an attempt to strengthen British control over the country rather than promote self-government. The Indian National Congress, for example, called it a 'slave constitution'. Despite this, the Congress encouraged its members to work within the framework of the Act, obtaining positions in the provincial legislatures and then working to undermine it.
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The Irish Constitution
The main motivations for replacing the 1922 Constitution were to remove the associations with the controversial Anglo-Irish Treaty and to put an Irish stamp on the institutions of government. De Valera, who led the anti-treaty faction and later formed the Fianna Fáil party, personally supervised the writing of the new Constitution. It was drafted initially by John Hearne, legal advisor to the Department of External Affairs, and translated into Irish over several drafts by a group headed by Micheál Ó Gríobhtha.
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The Soviet Constitution
The Stalin Constitution was proposed at Josef Stalin's urging to reflect the transformations in Soviet society brought about by the First Five Year Plan (1928-1932). The main goals of the new constitution were to reflect the successful attainment of socialism in the USSR, to institute universal suffrage, and to grant basic civil rights to all citizens. The constitution also aimed to incorporate former class enemies such as the nobility, the bourgeoisie, priests, and rich peasants ("kulaks") as equal citizens.
The 1936 Constitution guaranteed "universal, equal and direct suffrage by secret ballot" and established new legislative bodies at the all-union, republican, and local levels. It also guaranteed equal rights for all citizens regardless of gender, nationality, or race, as well as freedom of religious worship, assembly, and association, freedom of press, and inviolability of person and home. The constitution affirmed socialist ownership of the means of production as the economic foundation of the USSR, while allowing for small-scale private ownership and inheritance.
The drafting process of the 1936 Constitution involved circulating a draft for nationwide discussion and inviting the population to propose changes. Despite this, few of the proposed changes made it into the final version. The explicit enumeration of civil rights in the Stalin Constitution was a notable aspect, especially given the repressive political climate of the 1930s. The constitution also reorganized the Soviet government based on direct elections and reshaped the federal structure of the Soviet Union.
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The U.S. Constitution and its case law research
The United States Constitution is a crucial document in the nation's history, and its interpretation and application have been the subject of extensive case law research. The Constitution, which begins with the famous words "We the People," consists of a preamble, seven articles, and numerous amendments. The Library of Congress is a valuable resource for those interested in researching the Constitution and its case law. The library provides access to a diverse range of primary and secondary sources, including government documents, reference tools, manuscripts, essays, and online resources.
One notable collection within the Library of Congress is the series of essays by Alexander Hamilton, James Madison, and John Jay, known as the Federalist Papers. These essays, written in favour of the Constitution's ratification, are considered important sources for interpreting the Constitution. The Library's Manuscript Division also houses a wealth of historical manuscripts, including reports, notes, journals, letters, and printed items from the drafting of the Constitution.
In addition to the Library of Congress, government websites and online databases offer free access to court decisions and legal documents. Resources such as Google Scholar, CourtListener, Caselaw Access Project, FindLaw, and Justia provide users with tools to locate and research case law related to the Constitution. The Congressional Research Service (CRS) also produces reports and publications specifically for Congress, which can provide insights into constitutional research and case law.
The Constitution Annotated, available through the Library of Congress, is another valuable resource. It includes a searchable table of CRS reports relevant to constitutional research and case law. Additionally, the Constitution Annotated provides access to essays interpreting the Constitution and offers insights into how it has been understood and applied over time. The Interactive Constitution, featured by the Constitution Center, further enhances this understanding by presenting diverse legal and philosophical perspectives on the Constitution's text, history, and modern interpretation.
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