Eleanor Finch
A constitution is the fundamental law of a country that outlines the framework and functions of its government. While constitutions are often lengthy and detailed, there are always aspects of a country's governance that are not included. For example, in the US Constitution, there is no mention of how elections should be conducted, and the concept of the presumption of innocence is not explicitly stated. Similarly, in the Indian Constitution, the Supreme Court has ruled that amendments cannot alter the basic structure or framework, indicating that certain elements are beyond modification. Understanding what is not part of a constitution is as important as knowing what is, as it highlights the limitations and gaps that may need to be addressed through other means.
| Characteristics | Values |
|---|---|
| Preamble | The Supreme Court has given conflicting rulings on whether the preamble is part of the Indian Constitution |
| Fundamental Rights | Not mentioned in the operative part of the Indian Constitution |
| Fundamental Duties | Not mentioned in the operative part of the Indian Constitution |
| Directive Principles of State Policy | Not mentioned in the operative part of the Indian Constitution |
| Presumption of Innocence | Not codified in the US Constitution, but embodied in several provisions |
| Paper Money | Not directly mentioned in the US Constitution |
| Political Parties | Not mentioned in the US Constitution |
| Election Process | Not mentioned in the US Constitution |
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What You'll Learn
Presumption of innocence
The "presumption of innocence" is not explicitly mentioned in the US Constitution. However, it is widely regarded as a fundamental right that is implied by the Fifth, Sixth, and Fourteenth Amendments. The Fifth Amendment's due process clause states that the government cannot deprive individuals of their freedom or property without following the proper procedures, which includes the right to be presumed innocent until proven guilty. This is further reinforced by the Fourteenth Amendment, which extends the Bill of Rights to the states.
The presumption of innocence is a legal principle that holds that every person accused of a crime is considered innocent until proven guilty. This right is considered essential in modern democracies, constitutional monarchies, and republics, and is often explicitly included in their legal codes and constitutions. For example, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Rome Statute of the International Criminal Court all include the presumption of innocence.
In criminal proceedings, the burden of proof lies with the prosecution, which must present compelling evidence to a judge or jury. The prosecution must prove that the accused is guilty beyond a reasonable doubt. If they fail to do so, the accused must be acquitted. This principle is crucial for ensuring a fair trial and protecting individuals from unjust convictions.
While the US Constitution does not explicitly mention the presumption of innocence, it is protected by case law. The case of Coffin v. United States (1895) established the presumption of innocence for persons accused of crimes. This precedent set a standard for criminal proceedings in the United States, reinforcing the understanding that the accused is presumed innocent until proven guilty.
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Nature of juries
The right to a trial by jury is a crucial aspect of the American legal system, with the US Constitution guaranteeing this right in criminal cases. This right is explicitly mentioned in the Sixth Amendment, which states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury". The Seventh Amendment further extends this right to civil cases, although it is limited to federal courts and cases where the claim exceeds a certain dollar value.
The concept of a trial by jury has deep roots in English common law, dating back to the Middle Ages when English courts used juries composed of individuals inexperienced in legal affairs to decide certain civil cases. The jury system was embraced by the American colonists as a means to assert their independence from Britain and nullify unpopular British laws, particularly those regarding tax collection. As a result, the right to a trial by jury was included in the state constitutions of the newly independent states in 1776.
The inclusion of the right to a trial by jury in the US Constitution, however, was a point of contention during the drafting of the document. The Federalists, concerned about the potential for state civil juries to defend debtors and nullify contract laws, opposed its inclusion. It was ultimately added as the Seventh Amendment, ratified on December 15, 1791, due to demands from the Anti-Federalists, who viewed it as a crucial check against overreach and corruption from the federal government.
The nature of juries in the American context has evolved over time, with the power of juries relative to other branches of government declining. The jury selection process and conviction requirements vary from state to state, and the civil jury trial has become increasingly rare due to its length, expense, and unpredictability. Despite these changes, the right to a trial by jury remains an important safeguard against arbitrary action and unfounded criminal charges, as recognised by the US Supreme Court in its 1968 ruling in Duncan v. Louisiana.
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Paper money
The use of paper money in the United States has a long and complex history, dating back to the country's early days. While paper currency is the official money of the United States today, it is not explicitly mentioned in the Constitution, and its constitutionality has been the subject of debate and interpretation over the years.
The Constitution, in Article I, Section 8, grants Congress the power to "coin money and regulate its value." This section, however, does not explicitly mention paper currency. Additionally, Section 10 of the same article denies states the right to "coin money or print their own money," indicating that the framers intended a national monetary system based on coins, with the federal government holding the power to regulate it.
Despite the lack of explicit mention, the use of paper money in the United States has a long history. The Massachusetts Bay Colony, in the late 17th century, became the first government in the western world to issue paper currency. This innovation was driven by the shortage of metallic currency, and by 1692, these paper bills were declared legal tender. Before the Revolution, fourteen British colonies issued paper money, and it was also used by the Confederate States during the Civil War.
The constitutionality of paper money has been a subject of debate, with some strict interpreters of the Constitution arguing that it is unconstitutional. They contend that Congress only has the powers explicitly granted by the Constitution, and the power to create paper money is not among them. Additionally, they assert that the federal government's power to create money is limited to minting gold or silver coins, as stated in Article I, Section 10.
However, the Supreme Court has played a role in shaping the interpretation. In McCulloch vs Maryland (1819), the Court ruled that the Second Bank of the United States and its banknotes issued on behalf of the federal government were constitutional. Later, in Briscoe vs Bank of Kentucky (1837), the Court ruled that state banks and their issued notes were also constitutional. These rulings set a precedent for the federal government's power to create a central bank and issue paper currency.
Despite these rulings, the issue remains complex. The Constitution's focus on gold and silver coins as the preferred medium of exchange is evident, and the potential for abuse of power associated with paper money has been a concern. Additionally, the ability to issue paper money has had economic implications, as evident in the case of Rhode Island, where the issuance of paper money led to immediate depreciation and economic threats.
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Political parties
The first constitutional mention of political parties came in 1960 with the Constitution of the Second Republic, which offered protection to political parties and outlined a process for dissolving a party that disturbed the "fundamental democratic order". The Constitution of the Third Republic, enacted in 1962, further solidified the role of political parties by prescribing provisions to prevent independent candidacies and disqualifying assembly members who switched parties during their term.
The activities of political parties in the US are protected under the First Amendment, which grants them freedom of association. This allows parties to decide who may join and how they conduct their internal affairs. However, this has not prevented government regulation of political parties, as seen in cases such as United States v. Classic (1941) and Smith v. Allwright (1944), which opened the door for government intervention in party affairs.
The National Election Commission, established by the Constitution of the Fourth Republic, was given the authority to create regulations concerning the duties of political parties. This was further expanded upon by the Constitution of the Fifth Republic in 1980, which introduced a system of national subsidies for political parties. The current Constitution, based on a direct presidential election system, continues to adopt provisions concerning political parties, including their obligation to ensure democracy.
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Election conduct
Article I, Section 4, Clause 1 of the US Constitution, also known as the Elections Clause, outlines the powers given to Congress and the states regarding elections. The Clause states that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators."
This means that while states have the primary authority to administer elections, including the power to establish voter qualifications for congressional elections, Congress can make or alter regulations at any time. This division of powers was intended to prevent states from manipulating or precluding elections for the House of Representatives.
The Elections Clause does not permit states or Congress to set voter qualifications for congressional elections. Qualifications must be the same as those necessary to vote for the most numerous branch of the state legislature. The Court has also held that bribing voters does not implicate the Elections Clause.
In recent years, there has been controversy over the Elections Clause, with some arguing for checks on state legislatures regarding elections. The Supreme Court has held that the Elections Clause does not protect a state legislature from a state court reviewing whether the state legislature's exercise of its Election Clause authority is consistent with its state constitution.
Some states have chosen to transfer the power to draw congressional district lines from their legislatures to non-partisan or bipartisan "independent redistricting commissions" to prevent gerrymandering. However, critics argue that so-called independent commissions may not be much of an improvement, as their partisan preferences may remain hidden and less susceptible to public scrutiny.
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Frequently asked questions
No, the concept of the presumption of innocence is not codified in the text of the Constitution. However, it is considered common law and is embodied in several provisions of the Constitution, such as the right to remain silent and the right to a jury.
No, political parties are not mentioned anywhere in the Constitution. This is despite the fact that they are such a basic part of today's political system.
No, primary elections are not mentioned in the Constitution. This has allowed for the development of the current system of primary elections.
