The Constitution: What's Missing?

The US Constitution is a document that forms the basis of the country's legal system and outlines the structure of the government. However, it does not mention several concepts and terms that are commonly associated with it. For example, the Constitution does not mention the Electoral College, although it does refer to “Electors in Article 1, Section 2 and several Amendments. Another notable omission is the term judicial review, despite it being a common feature of the modern legal system. The Constitution also does not specify the number of Justices of the Supreme Court, although it does mention the Chief Justice. Interestingly, the names of political parties are absent from the Constitution of India.

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The US Constitution does not mention the term 'martial law' or 'law martial'

The US Constitution does not mention the term "martial law" or "law martial". However, the concept of martial law has been invoked in the United States numerous times throughout history, by both federal and state governments.

Martial law refers to when the military temporarily assumes authority in place of civilian authorities. This typically occurs in response to violent civil unrest, natural disasters, or wartime emergencies. During martial law, soldiers enforce laws instead of local police, policy decisions are made by military officers, and people accused of crimes are tried in military tribunals rather than civilian courts.

While the US Constitution does not explicitly define or grant the power to declare martial law, it does provide certain war powers to the legislative and executive branches, giving them some control over the military. The interpretation of these powers has been a subject of debate among scholars and legal experts.

Some scholars argue that the president has the executive power to declare martial law, while others contend that congressional authorization is necessary for imposing martial law in civilian areas. The modern interpretation leans towards the latter, suggesting that Congress may be the only governmental branch with the legal authority to declare martial law, and the president can only act within the bounds set by Congress.

It's important to note that the Constitution binds the federal government's actions during martial law. The federal government cannot infringe upon citizens' constitutional and civil rights, and any declaration of martial law is subject to judicial review and challenge by citizens.

The number of Justices is not specified in the Constitution

The number of Justices of the Supreme Court of the United States is not specified in the Constitution. The Chief Justice is mentioned, but the number of Justices is not. The number of Justices has changed over time. The act of September 24, 1789, provided for a Chief Justice and five Associate Justices. This number was increased to six in 1807, to eight in 1837, and to nine in 1863. However, in 1866, a law directed that no appointments be made until the number was reduced back to six. This was to prevent President Johnson from making appointments. The number was restored to eight in 1869.

The Constitution has been amended several times, and the process for doing so is outlined in the document. Amendments can be proposed by Congress with a two-thirds vote of both houses, or by a Constitutional Convention called by a two-thirds vote of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the state legislatures. Only one amendment, the 21st Amendment, which repealed Prohibition, was ratified by conventions in the states.

The Constitution outlines the structure of the government, including the creation of the United States as a republic with a system of checks and balances. It guarantees each state a republican form of government and specifies that each state will have two senators, regardless of population size. The House of Representatives, on the other hand, has a variable number of members based on population, with a current limit of 435 members.

While the Constitution does not specify the number of Justices, it does mention the Supreme Court and its role in interpreting the Constitution. The Supreme Court has the power to strike down laws or provisions that it deems unconstitutional. This process is known as judicial review, which is not specifically mentioned in the Constitution but has become a common practice in the legal system.

In conclusion, while the number of Justices of the Supreme Court is not specified in the Constitution, the document does outline the structure and processes of the government, including the role of the Supreme Court in interpreting and upholding the Constitution.

The Constitution does not mention the names of political parties in India

The Constitution of India does not mention the names of political parties in India. While the Union and its Territories are outlined in Articles 1 to 4 of Part I of the Constitution, and the structure of the government is detailed in Articles 79 to 122 of Part V, political party names are notably absent from the document.

The Indian Constitution is a comprehensive document that outlines the country's governing principles and the fundamental rights of its citizens. It establishes the framework for the Indian government, including the Union, states, and fundamental rights. However, it does not specify the names of any political parties.

The absence of political party names in the Constitution is significant because it allows for a dynamic and evolving political landscape in India. New political parties can emerge and existing ones can change over time without being constrained by the limitations set by a static document. This flexibility ensures that the country's political system can adapt to changing societal needs and ideological shifts.

It is worth noting that for a political party to be recognised in India, certain criteria must be met. For example, to be recognised as a national party, a party must secure at least 6% of valid votes in a general election to the Lok Sabha or the Legislative Assembly in at least four states. Alternatively, winning 2% of seats in the Lok Sabha or being recognised as a state party in at least four states can also lead to recognition.

While the Constitution does not name specific political parties, it does outline the rights and responsibilities of citizens, the structure of the government, and the relationship between the Union and the states. This foundation provides a stable framework within which political parties can operate and compete for electoral support, allowing for a vibrant and ever-evolving democracy in India.

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Congressional districts are not mentioned in the US Constitution

The US Constitution does not mention "congressional districts" as a term. It also does not specify how apportionment is to be conducted. The Constitution's absence of a specified method for apportionment has resulted in the development and utilisation of various methods since the Article's inception, such as the Jefferson, Hamilton, and Webster methods. The Jefferson method, which was first used in 1792 after the first decennial census in 1790, was abandoned in 1840 as it favoured larger states, such as Virginia, Thomas Jefferson's home state and the most influential state at the time. The Hamilton method was intermittently used for the next half-century but was eventually replaced by Webster's method as the Hamilton method resulted in population paradoxes when the House size increased.

Congressional districts are the 435 areas from which members are elected to the US House of Representatives. After the apportionment of congressional seats among the states, based on decennial census population counts, each state with multiple seats establishes congressional districts for electing representatives. Each congressional district should have a population as equal as possible to all other congressional districts in a state. The boundaries and numbers of congressional districts are specified in state laws or court orders establishing the districts within each state.

The US Constitution does not mention congressional districts, but it does ensure representation based on population. State legislation, on the other hand, declares that "legislative representation be built upon non-population-related principles such as representation of counties, cities, or other geographical and political units". Apportionment refers to the process of allocating seats in a congressional body among constituencies entitled to representation, with each district receiving seats proportional to its population.

The process of apportionment aims to ensure fair representation for all voters through the principle of proportionality. However, this can be challenging because proportions can be fractions, while seats cannot. Additionally, governments may struggle to quantify the precise number of actual voters.

The US Constitution's lack of a specified method for apportionment has resulted in the use of various methods over time, such as the Jefferson, Hamilton, and Webster methods. The process of redrawing district boundaries, also known as "delimitation" or "redistricting," occurs after each decennial census. Single-member constituencies are responsible for electing the legislators who govern this process. The state legislature creates the redistricting plan in 25 states, while six states (Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming) do not require redistricting for the House of Representatives. Instead, they elect a single representative for the entire state. Each state has its own constitution and laws regarding the redistricting process, and most of the modern criteria applied federally have been established through rulings by the US Supreme Court.

The US Constitution does not mention executive orders

The US Constitution does not explicitly mention executive orders. Executive orders are written policy directives issued by the president, which have much of the same power as federal law. They are used to manage the operations of the federal government and direct executive branch agencies and staff. While the Constitution does not specifically refer to executive orders, a president's authority to issue them is generally accepted as part of their power as the country's executive.

Article II of the Constitution gives presidents broad executive and enforcement authority, allowing them to use their discretion to determine how to enforce the law and manage the resources and staff of the federal government's executive branch. This discretionary power is required to be supported by either an expressed or implied congressional law or the Constitution itself. The Supreme Court has held that all executive orders must be supported by the Constitution or a clause granting specific power.

Executive orders are not a blank check for the president to exercise their will without constitutional checks and balances. Federal courts can review the lawfulness of executive orders and determine whether they are a valid exercise of the president's power. If an executive order contradicts or violates the Constitution, federal laws, or Americans' fundamental rights, it can be struck down by the courts. For example, in the Youngstown case, the Supreme Court invalidated an executive order issued by President Harry Truman in 1952, which attempted to seize control of the steel mills during a labor dispute in the midst of the Korean War. The Court ruled that the president did not have the express or implied power to seize private property amid a labor dispute and that the order was not supported by the Constitution.

Presidents have the power to modify or revoke not only executive orders issued during their term but also those issued by past presidents. Typically, a new president reviews in-force executive orders in the first few weeks in office. Executive orders do not have expiration dates, so they remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms.

While the Constitution does not explicitly mention executive orders, the president's authority to issue them is derived from the broad powers granted by Article II and supported by historical practice, executive interpretations, and court decisions.

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