Omar Bennett
A constitutional system is defined by the existence of a constitution that controls the exercise of political power. The US Constitution, for example, dictates rule by popular consent with laws drafted by the people's representatives. The US is the leading example of a presidential system of constitutional democracy, with the Democratic and Republican Parties as the most influential players. The UK, on the other hand, exemplifies a cabinet system of constitutional democracy. France has a hybrid presidential-parliamentary system, with a directly elected president and a presidentially appointed prime minister. The US Constitution has also influenced other countries' political systems, such as the Philippines, China, and post-World War II independence movements in Africa.
| Characteristics | Values |
|---|---|
| Existence of a constitution | Legal instrument or set of fixed norms or principles |
| Control of power | Distributed among state organs or offices, with reciprocal controls and cooperation |
| Political equality | All citizens are equally entitled to participate in the political system |
| Equality before the law | No discrimination based on gender, age, race, ethnicity, beliefs, class, etc. |
| Economic equality | Right to equal opportunity to improve material well-being |
| Openness | Based on a free marketplace of ideas and availability of information |
| Shared powers | Separation of powers and federalism |
| Checks and balances | Constitutional mechanisms to prevent absolute power by any branch |
| Political parties | Key institutions for mobilizing majority opinion and expressing it |
| Citizenship | Full and equal members of a self-governing community with fundamental rights and responsibilities |
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What You'll Learn
The US Constitution's influence on other countries
The US Constitution has had a significant influence on the constitutions of many other countries. As the first single-document constitution, it has set a precedent for other nations to follow and has been described as "America's most important export". The US Constitution's longevity and influence are remarkable, transcending cultural, historical, and legal differences.
One of the earliest influences of the US Constitution was on the 1791 constitution of Poland. The Polish constitution-makers copied the preamble and impeachment provisions from the US Constitution and included Europe's first statement of popular sovereignty in their famous Article V. The US Constitution also inspired the 1811 Venezuelan constitution, the 1824 Mexican constitution, the Central American Federation's constitution in 1825, and Argentina's constitution in 1826. These constitutions directly reflected the principles and values of the US Constitution, including the repudiation of monarchy and the proclamation of political freedom.
The influence of the US Constitution extended beyond the Americas. For example, the "MacArthur Constitution" heavily influenced Japan's 1947 constitution during the US military occupation after World War II. Similarly, Cuba's 1901 constitution, created under US authority after the Spanish-American War, bears significant American imprints. The 1904 constitution of Panama also gave the United States the authority to intervene and establish "constitutional order." Additionally, the 1918 constitution of Haiti, where US military forces had been present since 1915, reflected compromises between existing government forums and American military ideologies.
The US Constitution has also had a notable impact on its former colony, the Republic of the Philippines. During the period of American sovereignty from 1896 to 1946, the Philippines adopted a commonwealth constitution in 1935, which remained largely unchanged until 1973. Even after gaining independence, the Philippines continued to look to the US model for constitutional guidance.
The US Constitution's influence is not limited to specific countries but has also contributed to broader global trends. It played a role in the development of constitutionalism and democracy, with its principles of distributing power among state organs and subjecting them to reciprocal controls. This influence can be seen in the hybrid presidential-parliamentary systems of countries like France.
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The US two-party system
The US operates within a multi-party system, but the Democratic and Republican Parties are the two largest and most influential players. The Democratic Party, founded in 1828, is the oldest of the two. The Republican Party was officially founded in 1854, but the histories of both parties are connected and can be traced back to the Founding Fathers.
Differing political views among the Founding Fathers sparked the formation of two factions: George Washington, Alexander Hamilton, and John Adams formed the Federalists, seeking a strong central government and banking system. Thomas Jefferson and James Madison, on the other hand, formed the Democratic-Republicans, advocating for a smaller and more decentralised government.
Over time, the platforms and ideologies of these parties evolved. The Democratic Party generally represents left-leaning, liberal, and progressive values, advocating for a strong government role in regulating business and supporting citizens. They support women's legal rights to abortion, LGBTQ+ rights, and government-funded healthcare. Democrats also value the separation of church and state, as stated in the US Constitution, while also supporting religious freedom.
The Republican Party, often abbreviated as GOP, is generally "pro-life," opposing abortion rights and emphasising the rights of unborn fetuses. They are against extensive gun control legislation, safeguarding the right to bear arms as per the Second Amendment. Additionally, the GOP values a powerful national defence and a strong military.
The two-party system in the US has advantages and disadvantages. One benefit is that it ensures the two main parties in power have a wide platform that represents the general public. However, it can also lead to voters whose political values align more closely with third-party candidates instead choosing to vote for one of the two major parties to increase the likelihood of their vote contributing to a winning candidate.
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The role of the Supreme Court
Interpreting the Constitution
The Supreme Court is tasked with interpreting the Constitution and determining the constitutionality of laws, executive actions, and policies. This interpretive role is essential to ensuring that the Constitution remains relevant and applicable to evolving societal circumstances. The Court's interpretations set precedents that guide lower courts and shape the understanding of constitutional rights and principles.
Protecting Fundamental Rights
A primary function of the Supreme Court is to protect the fundamental rights and liberties guaranteed by the Constitution. This includes ensuring equality before the law, safeguarding political equality, and upholding economic equality by addressing disparities in wealth. The Court serves as a check on the other branches of government, ensuring that their actions do not infringe on the rights enshrined in the Constitution.
Ensuring Separation of Powers
The separation of powers is a cornerstone of constitutional systems, and the Supreme Court plays a crucial role in maintaining this balance. The Court can intervene if one branch of government overreaches or encroaches on the powers of another branch. This check on power helps prevent the concentration of authority and promotes a system of shared powers.
Resolving Federal Disputes
In federal systems, such as the United States, the Supreme Court resolves disputes between the central government and state governments. The Court interprets the extent of each level of government's powers and ensures that the principles of federalism are upheld. This includes deciding on the constitutionality of state laws and actions in relation to the central government's authority.
Upholding Democratic Values
The Supreme Court contributes to the functioning of constitutional democracy by ensuring that democratic values are respected. This includes safeguarding the right to political participation, protecting freedom of speech and the free marketplace of ideas, and promoting informed and effective citizen participation in the political process. The Court's decisions can shape the landscape of elections and the functioning of political parties within the constraints of the Constitution.
Adapting to Contemporary Challenges
The Supreme Court's role also involves addressing contemporary issues and challenges that arise in a dynamic political landscape. This includes matters related to social and economic equality, the influence of special interest groups and lobbyists, and adapting constitutional principles to modern contexts. The Court's decisions can shape the direction of the country's political system and address concerns about polarization and the tone of political discourse.
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Presidential powers and their limits
The United States is the leading example of a presidential system of constitutional democracy. The US President is the commander-in-chief of the United States Armed Forces and all federalised US militias. They have the power to launch, direct and supervise military operations, authorise the deployment of troops, launch nuclear weapons, and form military policy. The President can also call on the National Guard and naval militias of the states to supplement regular forces, assist state governments in rebellion or insurrection, or enforce federal law.
The President is also chief of state and represents the policy on ceremonial occasions. They have the power to sign or veto legislation, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The President can appoint and remove executive officers, make treaties (to be ratified by two-thirds of the Senate), and direct officials on how to interpret the law (subject to judicial review).
However, there are limits to the President's powers. For example, the President does not have the constitutional ability to declare war, as this power is vested in Congress. While the President is the sole repository of executive powers, the legislative and executive powers are separate, and the executive may be curtailed by the legislature, for example through the cutting of funds for specific activities.
In a constitutional democracy, all citizens are equally entitled to participate in the political system. The law applies equally to all, and there is economic equality, or at least equal opportunity. Constitutional democracies are based on a philosophy of openness and the free marketplace of ideas. They also share power between the central government and subordinate provincial or state governments.
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The legislative process in the US
The legislative branch of the US federal government is responsible for making laws. The legislative process in the US involves several steps, and the process differs slightly in the House of Representatives and the Senate.
A bill is a proposal for a new law or a change to an existing one. A bill can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during an election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Any member of the House of Representatives can introduce a bill at any time while the House is in session. The bill is then assigned to a committee, which will research, discuss and make changes to it. The committee will often send the bill to a specialised subcommittee for further study, hearings, revisions and approval. The first step in this process is usually a public hearing where committee members hear from various witnesses. Once the committee stage is complete, the bill is put before the chamber to be voted on, debated or amended. If the bill passes by a simple majority, it moves to the other body of Congress, where it goes through a similar process.
Once a bill has passed both bodies of Congress, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, it is presented to the President. The President can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President vetoes a bill, Congress can usually vote to override this veto, and the bill becomes law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, which is called a 'pocket veto', and cannot be overridden.
The House and Senate have different ways of processing legislation due to their constitutional differences. The House can act more quickly, while the Senate's procedures favour deliberation and provide more procedural leverage to individual Senators. The Supreme Court can declare acts of Congress unconstitutional, but it generally seeks to minimise situations where it asserts itself superior to Congress or the President.
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Frequently asked questions
The United States Constitution is a recent example of a constitutional system. It is a living document that can be changed with enough support from the people and ratification by the states.
The US Constitution dictates rule by popular consent with laws drafted by the people's representatives. It introduced governmental practices such as checks and balances, separation of powers, and defining said powers. The US Constitution has also influenced other countries' models of government.
In a constitutional democracy, political parties integrate a multitude of interests, beliefs, and values into proposals for change and nominate party members for elective office. They serve as a link between the rulers and the ruled, allowing the electorate to register opinions on policy and choose their rulers.
