Omar Bennett
The US Constitution, which came into force in 1789, has been amended 27 times since its inception. The Library of Congress holds a wide variety of primary and secondary source material associated with the US Constitution, including government documents, reference tools, photographs, and prints. The Library of Congress also provides access to a series of essays by Alexander Hamilton, James Madison, and John Jay, which are considered some of the most important sources for interpreting the Constitution. The Constitution Annotated, a free online source, contains historical notes and legal analysis and interpretation of the United States Constitution. The Indian Constitution, on the other hand, came into effect in 1950 and was influenced by the Government of India Act 1935, the Constitution of South Africa, and the German Constitution.
| Characteristics | Values |
|---|---|
| Primary sources | The actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations |
| Secondary sources | Restate the law and discuss, analyze, describe, explain, or critique it |
| Sources for the US Constitution | Essays by Alexander Hamilton, James Madison, and John Jay; The Federalist Papers; Congressional Research Service reports; government documents, reference tools, photographs, and prints; The Constitution in Congress by David P. Currie; The Connecticut Compromise; The Bill of Rights; The Fourteenth Amendment; The Nineteenth Amendment; The Avalon Project; Gun Regulation and Legislation in America; The Library of Congress Manuscript Division |
| Sources for the Indian Constitution | The Government of India Act 1935; The Report of the Simon Commission; The White Paper of 1933; The Constitution of South Africa; The German Constitution; The Irish Constitution; The Canadian Constitution |
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What You'll Learn
The US Constitution and its sources
The US Constitution is a source of primary legal authority, containing the basic framework of the federal government. It is comprised of seven articles and has been amended 27 times since it became operational in 1789. The Library of Congress holds a wide variety of primary and secondary source material associated with the US Constitution, including government documents, reference tools, photographs, and prints.
The Library of Congress also provides access to a series of essays by Alexander Hamilton, James Madison, and John Jay, which are considered some of the most important sources for interpreting the Constitution. These essays, known as The Federalist Papers, argued for the adoption of the Constitution. The Library's Manuscript Division also holds a wealth of manuscripts from American history, including reports, notes, journals, letters, memoranda, and printed items documenting the drafting of the Constitution.
In addition to these primary sources, there are also numerous secondary sources that provide legal analysis and interpretation of the Constitution. These include treatises, law review articles, Supreme Court cases, and research guides. The Georgetown Law Library, for example, offers a Constitutional Law Treatise Finder for additional texts and study aids. The Library of Congress also provides access to the Congressional Research Service's "Constitution Annotated," which contains historical notes and legal analysis of the Constitution.
The Avalon Project, meanwhile, mounts digital documents, including The Federalist Papers and documents from the Continental Congress. Gun Regulation and Legislation in America (HeinOnline) is another useful resource, providing access to periodicals, federal legislative histories, congressional hearings, and Supreme Court briefs.
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The Indian Constitution and its sources
The Indian Constitution is the lengthiest written constitution in the world. It is a detailed document that accommodates the vast diversity of the country, providing a single constitution for both the central and state governments. The Constitution of India is a unique document that was drafted after three years of hard work by the Constituent Assembly. It draws from a multitude of sources, including historical documents, legal philosophies, and governance frameworks from around the world.
The Indian Constitution has borrowed provisions from the Government of India Act of 1935, which is often considered the structural scaffolding of the Indian Constitution. It introduced federalism as a core concept, delineating powers between the central government and the provinces. The 1935 Act also established the office of the Governor, set the foundation for an impartial judiciary, and laid out the framework for the Public Service Commission, emergency provisions, and detailed administrative procedures.
The Indian Constitution also draws inspiration from the constitutions of other countries, such as the United States, Canada, Australia, Ireland, and South Africa. For example, the concept of freedom of trade and commerce within the country and between the states was borrowed from the Australian Constitution (Articles 301-307 of the Indian Constitution). The procedure for the nomination of members to the Rajya Sabha was borrowed from Ireland, and the appointment of state governors by the Centre was borrowed from the Canadian Constitution. The principles of republic and the ideals of liberty, equality, and fraternity in the preamble of the Indian Constitution were inspired by the French Constitution and the French Revolution of 1789.
In addition to international sources, the Indian Constitution has been influenced by historical events, legal frameworks, and precedents within India. The various reports and recommendations of constitutional committees, like the Nehru Report and the Cabinet Mission Plan, have also contributed to the formation and development of the Constitution of India. Judicial decisions, parliamentary debates, and conventions have also played a significant role in interpreting and evolving the Indian Constitution over time.
The Indian Constitution establishes an integrated and independent judicial system, with the Supreme Court at the apex, followed by High Courts and Subordinate Courts. It provides for a delicate balance between parliamentary sovereignty and judicial supremacy, where Parliament retains the ultimate authority to make laws, while the judiciary serves as the guardian of the Constitution, interpreting and reviewing these laws in light of constitutional principles. The Constitution also contains emergency provisions, fundamental duties, and directive principles that guide the state in policy formulation and law enactment.
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Primary and secondary sources
Primary Sources
Primary sources are the actual laws and rules issued by governing bodies that tell us what we can and cannot do. They are the laws in their original context, as issued by the three branches of government. The four primary sources are constitutions, statutes, cases, and regulations.
The Library of Congress' Manuscript Division contains a wealth of primary source material associated with the U.S. Constitution, including government documents, reference tools, photographs, and prints. The Library of Congress also provides access to digital materials, links to related external websites, and a print bibliography related to the creation of the first ten amendments to the U.S. Constitution.
The U.S. Constitution, created at a convention in 1787, is the supreme law of the land and the source of executive, legislative, and judicial government powers. It has been amended 27 times, with the first 10 amendments, known as the Bill of Rights, occurring simultaneously.
Secondary Sources
Secondary sources explain, discuss, critique, or help locate primary law. They may restate the law, but they also provide additional context, analysis, or commentary. Examples of secondary sources include legal dictionaries, encyclopedias, law reviews, journals, treatises, and guides on how to practice law.
The Library of Congress also provides links to secondary sources, including select print secondary sources in their collections on constitutional law, as well as online resources such as the Congressional Research Service reports and the Constitution Annotated.
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The legislative and executive branches
The US Constitution outlines the three branches of the US government: the executive, legislative, and judicial. The legislative branch, as defined in Article I of the Constitution, is made up of the House of Representatives and the Senate, collectively known as Congress. Congress is responsible for making laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies. It also has the power to impeach, and its members are chosen every two years by the people of the state they represent. The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms.
The executive branch, on the other hand, consists of the President, their advisors, and various departments and agencies. This branch is responsible for enforcing the laws of the land. The President has the power to veto legislation created by Congress and nominate heads of federal agencies and high court appointees, such as Justices of the Supreme Court. However, Congress can also overturn a presidential veto with a two-thirds majority and can, in exceptional circumstances, remove the President from office.
The Library of Congress also holds a collection of primary and secondary source material associated with the US Constitution, including government documents, reference tools, photographs, and prints. Among these sources are the Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, which argued for the ratification of the Constitution and are considered important for interpreting it. Additionally, the Library of Congress provides access to reports, notes, journals, letters, and other manuscripts that document the drafting of the Constitution and the debates surrounding its ratification.
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The role of the Supreme Court
The Library of Congress also provides access to a range of primary and secondary source materials associated with the U.S. Constitution, including Supreme Court cases. These sources offer insights into the Court's role in interpreting and applying the Constitution over time.
In the context of the Indian Constitution, the Supreme Court plays a pivotal role in safeguarding fundamental rights. Articles 32 and 226 of the Indian Constitution empower individuals to approach the Supreme Court for the enforcement of their fundamental rights. The Court's advisory jurisdiction, borrowed from the Canadian Constitution, allows the President to seek the Court's opinion on public matters. The Indian Supreme Court has also ruled on the limits of constitutional amendments, asserting that amendments cannot alter the Constitution's basic structure or framework, as seen in the Kesavananda Bharati v. State of Kerala case.
Additionally, the Supreme Court of India has jurisdiction over the enforcement of fundamental rights, as outlined in Part III of the Constitution. This includes the issuance of writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to ensure the protection of citizens' rights.
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Frequently asked questions
A constitution is a social contract between the people and the government. It is a legal contract that contains legal rights that are enforceable and defines the relationship between the people and the government.
The Indian Constitution was formed in 1950 and was influenced by the Government of India Act 1935, which was drafted by Samuel Hoare. It also borrowed features from previous legislation such as the Government of India Acts 1919 and 1935, the Indian Independence Act 1947, and the Indian Councils Acts of 1861, 1892 and 1909.
The Library of Congress contains a wide variety of primary and secondary source materials associated with the U.S. Constitution, including government documents, reference tools, photographs, and prints. The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, are considered important sources for interpreting the Constitution.
Primary sources of law are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations. They state the law and include sources such as federal or state constitutions, laws enacted by legislatures, and municipal codes.
Secondary sources of law may restate the law but also discuss, analyze, describe, explain, or critique it. They are used to help locate primary sources of law and include sources such as legal dictionaries, encyclopedias, law reviews, legal treatises, and guides on how to practice law.
