Isabella Carter
The US Constitution is the supreme law of the land, but it does not cover every aspect of American life. The Constitution is notably silent on a number of issues, including the power of the President to veto a proposed amendment, the concept of the Electoral College, and the number of seats in the House of Representatives. The Constitution also does not mention judicial review, the power of Federal courts to declare laws unconstitutional, and makes no reference to executive orders or martial law. Interestingly, the phrase all men are created equal is often mistakenly attributed to the Constitution, but it actually comes from the Declaration of Independence. Similarly, the Indian Constitution does not mention the names of political parties.
Characteristics not mentioned in the US Constitution
| Characteristics | Values |
|---|---|
| Judicial review | Common in the US legal system |
| Number of seats in the House of Representatives | Set at 435 by Congress in 1911 |
| The President's role in proposing amendments | Amendments are proposed by Congress or a convention |
| The group of people referred to as "The Electoral College" | The Constitution refers to "Electors" |
| Executive orders | Issued by the President, but not mentioned in the Constitution |
| Districts | Determined by the decennial census, but not mentioned in the Constitution |
| Martial law | Not mentioned, but suspension of habeas corpus is |
| Names of political parties | Not mentioned in the Indian Constitution |
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What You'll Learn
Judicial review
The Constitution of the United States was established to "form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty" to its citizens. While the Constitution establishes the federal judiciary and the Supreme Court, it does not explicitly mention the concept of "judicial review".
The absence of an explicit mention of judicial review in the Constitution has led to debates about the legitimacy of this power. Some argue that judicial review, as established in the landmark case of Marbury v. Madison in 1803, lacks a clear constitutional basis and was not intended in the original design of the American governmental structure. Opponents of judicial review, such as Mr. Mercer and Mr. Dickinson during the framing of the Constitution, believed that judges should not have the authority to declare laws void and that laws, once made, should be uncontrollable.
However, supporters of judicial review point to the recognition of this power by Framers in ratifying conventions and the long-standing practice of judicial review in English common law. Additionally, Article VI of the Constitution establishes the Constitution as the "supreme Law of the Land," implying that acts of Congress or state laws contrary to the Constitution should be struck down. The Supreme Court's power of judicial review is an essential feature of the American constitutional system, providing a check on the majority and ensuring that the fundamental values and rights of Americans are protected.
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Executive orders
The process of issuing an executive order typically begins with a proposal from a federal agency. The president then signs the order, which is followed by a “White House” notation and the date of issuance. The White House releases the order, after which it is published in the Federal Register, the official journal of the federal government. Executive orders are also recorded under Title 3 of the US Code of Federal Regulations for more permanent documentation. Each order is assigned a unique, sequential number, and they are generally made available to the public.
In summary, while the term "executive order" is not explicitly mentioned in the Constitution, they are a tool used by the president to exercise their constitutional authority and manage the operations of the federal government. Executive orders are subject to certain constraints and checks to ensure they align with the Constitution and federal laws.
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Names of political parties
The US Constitution does not mention political parties, but they play a significant role in the country's government and politics. The two-party system, which has dominated American electoral politics since the 1850s, is based on laws, party rules, and customs. The two largest political parties, the Democratic Party and the Republican Party, have evolved in their ideologies, positions, and support bases over time in response to societal, cultural, and economic changes.
The emergence of political parties in the US can be traced back to the ratification of the Constitution, with the Federalists and the Anti-Federalists being the first major factions. The Federalists, led by Alexander Hamilton, Secretary of the Treasury, advocated for a strong central government. On the other hand, the Anti-Federalists, led by Thomas Jefferson, Secretary of State, championed states' rights and opposed centralized power. James Madison, often regarded as the "Father of the Constitution," established the Jeffersonian-Republican Party with Thomas Jefferson.
Over time, the political landscape in the United States has evolved, and several third parties have emerged, including the Libertarian Party, the Green Party, the Constitution Party, and the Alliance Party. The Libertarian Party, founded in 1972, is the largest third party in terms of voter registration and has had success in local elections. The Constitution Party, founded in 1992 as the U.S. Taxpayers Party, rebranded in 1999 and is currently the fifth-largest party in the US. The Alliance Party, formed in 2018, gained affiliation with other centrist parties and placed fifth in the 2020 presidential election in terms of the popular vote.
While the names of specific political parties are not mentioned in the Constitution, the document's silence on the issue has not prevented the development of a robust and dynamic party system in the United States. The absence of a mention of political parties in the Constitution showcases the adaptability and evolution of the American political landscape.
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All men are created equal
The phrase "All men are created equal" is not mentioned in the US Constitution. Instead, it appears in the Declaration of Independence, which was chiefly authored by John Adams in 1780. The full sentence reads: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
The phrase has been considered a hallmark statement in democratic constitutions and human rights instruments worldwide, with many subsequent declarations of rights adopting the phrase or its variants. For example, the French Declaration of the Rights of Man and of the Citizen (1789) states in Article 1: "Men are born and remain free and equal in rights." The sentiment, if not the exact wording, is echoed in numerous other declarations, including the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, Germany's Basic Laws, and the Constitution of Algeria.
The concept of "all men being created equal" has a long history, dating back to medieval times. In his famous sermon during the 1381 Peasants' Revolt, the priest John Ball proclaimed, "From the beginning, all men by nature were created alike." This idea was later echoed by philosopher John Locke, who argued in his 1690 work "Second Treatise of Government" that in the "state of nature" that existed before the formation of governments, all men were created equal. Similarly, in his 1649 book "The Tenure of Kings and Magistrates," English poet John Milton asserted that all men were "born to command and not to obey."
Despite its enduring influence, the phrase "all men are created equal" has not been without controversy. Some critics, such as Howard Zinn, have argued that the use of the word "men" to the exclusion of women indicates that women were not considered worthy of inclusion in political and civic equality. Others have criticised the phrase on grounds of racism, noting that the white men who drafted the Declaration of Independence did not believe in the equality of the black people in their midst. Additionally, the phrase has been used to highlight the hypocrisy of the American founding fathers, who espoused equality while simultaneously perpetuating and profiting from the institution of slavery.
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Martial law
The US Constitution does not mention "martial law". However, the concept of martial law has been invoked and applied in the United States throughout history, particularly during times of war, civil unrest, or emergency.
The US Constitution, in Article 1, Section 9, addresses a related concept:
> "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
This provision allows for the suspension of habeas corpus, a legal procedure that safeguards individuals from unlawful imprisonment, in specific circumstances. The suspension of habeas corpus is often associated with the imposition of martial law, as seen in several historical instances:
- During the American Revolutionary Period, British authorities imposed martial law in Boston and Virginia to suppress colonial resistance.
- In 1812, General Andrew Jackson imposed martial law in New Orleans during the War of 1812 due to concerns about potential disloyalty among the diverse population.
- During World War II, Hawaii was placed under martial law following the Japanese attack on Pearl Harbor.
- In 1954, Alabama's Russell County was placed under martial law by Governor Gordon Persons due to the pervasive influence of organised crime gangs.
While the Constitution does not explicitly mention martial law, various court cases and legal interpretations have shaped its understanding and limitations. For example, the Posse Comitatus Act of 1878 forbids US military involvement in domestic law enforcement without congressional approval, and court decisions between the American Civil War and World War II further limited the application of martial law.
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Frequently asked questions
No, this phrase is from the Declaration of Independence.
No, it does not. The group of people is not referred to as "The Electoral College" in the Constitution, although the concept of the presidential elector is mentioned.
No, but they have been around for a long time. George Washington issued several presidential proclamations, which are similar to executive orders.
No, but it is common in the US legal system. The concept goes back to English common law and was affirmed during the tenure of Chief Justice John Marshall in the Marbury v. Madison case in 1803.
No, they are not.
