Eleanor Finch
The Indian Constitution is the supreme law of the Republic of India, which came into existence on 26 November 1949 and came into force on 26 January 1950. It is the most frequently amended national governing document in the world and is also the lengthiest and most detailed written constitution. The Constitution establishes a parliamentary system of government, with a federal structure and certain unitary features. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and safeguarding fundamental rights and outlining the principles of governance. The Indian Constitution promotes the ideal of social and economic democracy, with Directive Principles of State Policy (DPSPs) denoting the ideals that the state should keep in mind while formulating policies and enacting laws.
| Characteristics | Values |
|---|---|
| Nature of the constitution | Supreme legal document, federal in nature, unitary in spirit |
| Structure | Codified, three-tier governmental structure (central, state, local), division of powers, bicameralism, independent judiciary |
| Rights | Fundamental rights, directive principles, duties of citizens |
| Secular state | Treat all religions equally, refrain from favouring or discriminating against any particular religion |
| Economic structure | Dirigism, extensive regulation, protectionism, public ownership of large monopolies, economic interventionism, central planning, liberal trade and foreign investment policies |
| Judiciary | Supreme Court has the power to declare laws invalid if they violate the constitution |
| Amendments | No provision to limit the power of parliament to amend the constitution, but certain features are integral and cannot be cut out |
| Parliamentary powers | Parliamentary form of government, power to make laws within their jurisdiction, but not absolute |
| Welfare state | Spending stood at 8.6% of GDP in 2021-22 |
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What You'll Learn
The Articles of Confederation
The Articles outlined a Congress with representation not based on population – each state had one vote. Ratification by all 13 states was necessary to set the Confederation into motion. The first state to ratify was Virginia on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the final state to ratify the Articles on March 1, 1781, after the other states agreed to cede their claims to western lands.
Despite the Articles of Confederation establishing the functions of the national government, they were considered flawed by many. Divisions among the states and local rebellions, such as Shays' Rebellion, threatened the stability of the Confederation. These issues, along with economic instability and a lack of operating funds for the national government, led to calls for a stronger national government and a revision of the Articles.
In 1786, George Washington recognised that the Articles needed to be revised but feared that a failed attempt to change them might worsen America's economic and political conditions. Nationalists, including Washington, James Madison, Alexander Hamilton, and John Jay, began working towards strengthening the federal government. In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation, leading to the creation of the present-day Constitution.
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Economic interests
The US Constitution contains relatively few articles directly related to economics. However, the economic interests of the Founding Fathers and their constituents are thought to have played an important role in its drafting.
The Constitution strengthened the national government at the expense of the states, and it has been argued that this was partly to protect private property and enforce contracts. The federal government was given the power to regulate interstate commerce, which was important for the protection of economic interests. This was a particular concern for Southern states, whose economies were dependent on slave labour. The North was in the process of abolishing slavery, and the South feared that a Northern-dominated Congress might pass export taxes that would damage the South's economic life.
The Constitution also simplified and facilitated trade with foreign countries, Native Americans, and between the states. A single, universally acceptable currency was introduced, and copyright law was established to encourage innovation.
Some historians have argued that the Constitution was shaped by class conflict, with the economic interests of the wealthy and powerful, such as George Washington, being reflected in the document. However, this interpretation has been challenged, with some arguing that the Founding Fathers were more concerned with political unity, national economic development, and diplomatic security.
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Partisan interests
The economic structure suggested in the US Constitution was influenced by partisan interests, which played a significant role in shaping the country's political landscape during the late 18th and early 19th centuries. The emergence of political factions or parties, such as the Federalists and the Anti-Federalists, led by prominent figures including Alexander Hamilton, Thomas Jefferson, and John Adams, fueled partisan battles over the role of the federal government and the balance of power between the central government and state governments.
The Federalists, including Alexander Hamilton and James Madison, advocated for a strong central government and favored the development of manufacturing and industry over agriculture. They supported a strong diplomatic and economic relationship with Great Britain and were often associated with the commercial sector. On the other hand, the Anti-Federalists, led by Thomas Jefferson, championed states' rights and an agrarian society. This divide between the Federalists and Anti-Federalists influenced the economic structure implied in the Constitution, with the Federalists' preferences for a robust central government and industrial development leaving their mark on the nation's economic direction.
The partisan interests of the time also extended to economic policies and the role of financial institutions. Thomas Jefferson and the Democratic-Republicans vehemently opposed the national debt accumulated under Alexander Hamilton, viewing it as a tool for the federal government to extend its influence over the states. Consequently, they opposed the establishment of a National Bank, which would centralize financial power in a federal body and potentially favor Northern interests. This opposition reflected the partisan divide between the Federalists and Anti-Federalists and their differing visions for the country's economic structure.
The emergence of the Whig Party, modeled after the British Whigs who opposed absolute monarchy, further exemplifies the influence of partisan interests. The Whigs championed the rule of law, individual liberty, representative democracy, and the power of the legislative branch. They believed in strong government involvement in building and maintaining infrastructure but eventually disintegrated due to internal divisions over issues such as slavery, nativism, and prohibition. Andrew Jackson, often branded as “King Andrew” by the Whigs, exercised his presidential veto power against congressional legislation, including the establishment of the Second Bank of the United States, which would be owned by private interests.
The concept of cooperative federalism, developed by Progressive reformers, aimed to address serious social and economic problems through forceful governmental action. It sought to combine the efforts of local, state, and national governments to tackle public health and safety issues, demonstrating a more collaborative approach to governance. However, partisan ideologies and infighting continued to shape political dynamics, as evident in the rivalry between John Adams and Thomas Jefferson during the bitterly partisan campaign of 1800.
While some scholars, like Riker, argue that the framers of the Constitution were less partisan and more disinterested than modern-day politicians, the economic history and the formation of political parties suggest that partisan interests played a significant role in shaping the economic structure implied in the Constitution. The balance of power between the federal and state governments, the influence of economic sectors, and the establishment of financial institutions all bore the imprint of partisan battles and ideological differences.
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Slaveholdings
The US Constitution, drafted in 1787, did not contain the word "slave". However, slavery was a major component of the US economy and society at the time, and the Constitution included several provisions that directly responded to the practice of slaveholding.
One such provision was the "Importation of Persons Clause" in Article 1, Section 9, Clause 1, which prohibited the federal government from limiting the importation of "persons" where state governments allowed it, until 1808, twenty years after the Constitution took effect. This clause did not explicitly mention slavery or slaves, but it was understood that it referred primarily to the importation of enslaved African persons.
Another important clause related to slaveholding in the Constitution was the "Three-Fifths Clause" in Article 1, Section 2, Paragraph 3. This clause provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons." The “other persons” referred to were the African slaves who made up a significant portion of the population in the Southern states. This clause gave the Southern states with large slave populations extra representation in the House of Representatives and extra votes in the Electoral College.
The Constitution also included the "Fugitive Slave Clause" in Article IV, Section 2, Clause 2, which required the return of runaway slaves to their owners. This clause provided that:
> no person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.
The framers of the Constitution consciously avoided using the word "slave" in these clauses, recognizing that it would sully the document. However, these provisions provided important protections for the institution of slavery and slaveholders.
It is important to note that there was significant debate and disagreement among the framers of the Constitution regarding slavery. Some delegates to the Constitutional Convention, including slaveholders like Luther Martin of Maryland, spoke out against the inclusion of slavery-related provisions in the Constitution. Additionally, many of the framers had moral qualms about slavery, and some became members of anti-slavery societies or advocated for abolition. However, the Southern states threatened to not join the Union if there were restrictions on the slave trade, and compromises were reached to maintain unity.
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Free trade
The Commerce Clause was included in the Constitution to address the problems of interstate trade barriers and the ability to enter into trade agreements. Moving the power to regulate interstate commerce to Congress enabled the creation of a free trade zone among the states. This also allowed the federal government to negotiate with foreign powers to open markets for American goods.
The Commerce Clause has been interpreted in various ways over the years. For a brief period between 1905 and 1937, the Supreme Court narrowed its interpretation, experimenting with the idea that it does not empower Congress to pass laws impeding an individual's right to enter a business contract. However, since 1937, the Court has recognised broader grounds upon which the Commerce Clause can be used to regulate state activity. The Court has held that an activity constitutes commerce if it has a "substantial economic effect" on interstate commerce or if the "cumulative effect" of one act could impact such commerce.
The Commerce Clause has also been used to justify abolishing the slave trade with other nations. However, it is important to note that the original meaning of the clause did not grant Congress the power to regulate the economic activities that produced the goods to be traded or transported.
The inclusion of the Commerce Clause in the Constitution reflects the economic interests that played a role in its drafting. The Constitution strengthened the national government at the expense of the states, and its provisions were influenced by the personal interests of the Founding Fathers and their constituents.
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Frequently asked questions
The US Constitution suggests a free trade economic structure, with a strong central government and enforceable powers that replaced the weaker Congress established by the Articles of Confederation.
The founding fathers were concerned with political unity, national economic development, and diplomatic security. They also wanted to protect the rights of private property and personal ownership.
The Commerce Clause gave the federal government the power to regulate interstate commerce and trade with foreign countries, Native Americans, and between the states. This was important as it simplified trade and created a free trade zone, leading to the rapid growth of the US economy.
The Virginia Plan, also known as the Large State Plan or the Randolph Plan, was a proposal for a bicameral (two-house) Congress with proportional representation based on state population. It also included an elected chief executive and an appointed judicial branch.
The Northern states, where slavery was being abolished, conflicted with the Southern states, whose economies depended on slave labour. The Southern states were fearful that a New England-dominated Congress might damage their economic interests through export taxes. This controversy was closely linked to the issue of commerce and regulation.
