The Supreme Court: Guardians Of Constitutional Law

The process of amending a constitution varies across different governments. In the United States, the Constitution grants Congress the authority to enact legislation and amend the Constitution. The House of Representatives and the Senate, which together form the United States Congress, must pass a bill with the exact same wording, after which it goes to the President for consideration. The President may veto the bill, but Congress can override the veto with a two-thirds vote in both the Senate and the House of Representatives. The Supreme Court, as the highest court in the land, has the final say on Constitutional matters, interpreting the law and striking down laws that violate the Constitution. In India, the Supreme Court has ruled that while Parliament has the power to amend the Constitution, it cannot amend the 'basic structure' of the Constitution, which includes the rule of law, independence of the judiciary, and the doctrine of separation of powers.

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The role of the Supreme Court

Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the United States vested in a single Supreme Court. This article permits Congress to decide how to organise the Supreme Court, a power first exercised through the Judiciary Act of 1789, which created a Supreme Court of six justices.

The Supreme Court is the highest court in the US, acting as the court of last resort for those seeking justice. It has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between states or cases involving ambassadors. The Court also has appellate jurisdiction (the Court can hear a case on appeal) on almost any other case involving a point of constitutional or federal law. When exercising its appellate jurisdiction, the Court usually has the discretion to decide whether or not to hear a case.

The Supreme Court plays a crucial role in the US constitutional system of government. It ensures that each branch of government recognises the limits of its power through its power of judicial review. The Court also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government, preventing popular majorities from passing laws that harm or take advantage of minorities.

The Supreme Court currently consists of one Chief Justice and eight Associate Justices.

Congress's power to propose amendments

The US Constitution outlines the powers of Congress, including its authority to propose amendments. Article V of the Constitution establishes two methods for proposing amendments: the first method requires a two-thirds majority vote in both the House and the Senate, while the second method involves Congress calling a convention upon the request of two-thirds of the states.

The first method, which has been used for all amendments so far, requires a two-thirds majority vote in both houses of Congress. This means that a quorum of members must be present, and at least two-thirds of the present members must vote in favour of the proposed amendment. Once an amendment is approved by Congress, it is sent to the states for ratification. For an amendment to become part of the Constitution, three-quarters of the states must ratify it. This process allows a small minority of the country to prevent an amendment from being added to the Constitution.

The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the states. This method allows the states to bypass Congress and propose amendments directly. The proposed amendments would then be sent to the states for ratification, with three-quarters of the states needing to ratify for the amendment to become part of the Constitution.

Congress has introduced at least 11,000 proposals to amend the Constitution, but only a small fraction of these have been approved by the required two-thirds majority in both houses for submission to the states. The states have ratified twenty-seven of these amendments. Congress typically includes language in its proposals stating that the amendment should be inoperative unless ratified within seven years. This time limitation has been upheld by the courts, and Congress has the power to extend it if necessary.

In summary, Congress plays a crucial role in proposing amendments to the US Constitution. While it can initiate the amendment process on its own, it also has the power to call a convention upon the request of a supermajority of the states. The specific procedures and requirements outlined in Article V ensure a balanced and deliberate approach to amending the Constitution.

The legislative branch's authority to enact legislation

The legislative branch of the US government is established by Article I of the US Constitution. It consists of the House of Representatives and the Senate, which together form the United States Congress.

Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative powers in the government are vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones. Congress has the power to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. It also has the authority to declare war, confirm or reject Presidential appointments, and possesses substantial investigative powers.

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. Members of the House are elected every two years and must be at least 25 years old. The House is the sole body with the power of impeachment and can also originate revenue legislation.

The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms. The Senate confirms presidential nominations and approves treaties. While the enactment of law requires both chambers to agree to the same bill, each chamber has the constitutional authority to make its own rules, resulting in different ways of processing legislation.

Congress also has the prerogative and responsibility to provide oversight of policy implementation once a law is enacted, with committees in both chambers playing a leading role in this effort. Additionally, Congress establishes an annual budget for the government and can propose amendments to the Constitution, which must be ratified by the legislatures of three-fourths of the states.

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The President's power to veto bills

In the United States, the President has the power to veto bills passed by Congress to prevent them from becoming laws. This power is derived from Article I, Section 7, Clause 2 of the US Constitution, also known as the Presentment Clause. When a bill is passed by both houses of Congress, it must be presented to the President for approval. If the President approves, they sign the bill into law. However, if they do not approve, they can exercise their veto power and return the bill unsigned to the House of Representatives, along with their objections in writing.

The veto power of the President is not absolute and is subject to checks and balances. Congress can override a presidential veto by a two-thirds vote in both the House of Representatives and the Senate. If this occurs, the bill becomes law despite the President's objections. The veto statement itself does not carry much direct weight in the American legal system. If Congress fails to override the veto, the bill and veto become legally irrelevant. On the other hand, if the override succeeds, the veto message is not considered during subsequent executive implementation or judicial interpretation of the law.

The presidential veto power was first exercised by President George Washington in 1792 when he vetoed a bill outlining a new apportionment formula. Washington argued that the bill violated the Constitution by not apportioning representatives according to states' relative populations. While the veto power was rarely used in the early years of the nation, it gained prominence during the presidency of Andrew Jackson, who vetoed 12 bills. The first successful override of a presidential veto occurred in 1845 during the administration of John Tyler.

The veto power is not limited to the President, as state and territorial governors also possess similar authority. Additionally, some mayors, county executives, and tribal governments have veto powers. The specifics of the veto process and the scope of authority may vary across different states and territories.

Constitutional amendments: special procedures

Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures vary from one jurisdiction to another and can be exacting. For example, in Japan, none of the proposed amendments have been passed, while in Australia, only eight out of 44 proposed amendments have been passed.

In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In Ireland and Australia, all amendments must first be passed by the legislature before being submitted to the people. In Ireland, a simple majority of those voting at the electorate is required, while Australia has a more complex set of criteria, requiring a majority of voters in a majority of states.

The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply. A bill amending the Constitution must be introduced in the National Assembly and cannot contain any provisions other than constitutional amendments and directly related matters. At least 30 days before a constitutional amendment bill is introduced, the person or committee introducing the amendment must publish it for public comment and submit it to the provincial legislatures. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly (the lower house), requiring 267 members to vote for the amendment out of a total of 400 members.

The Constitution of Denmark provides another example of multiple special procedures that must be followed. After an amendment is approved by parliament, a general election must be held, and the new parliament must approve the amendment again before it is submitted to a referendum. At least forty percent of eligible voters must vote at the referendum for the amendment to be validly passed.

In the United States, the Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50 States). The Archivist plays a crucial role in the process, certifying that the amendment is valid and has become part of the Constitution.

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