Constitution and it's Principles

Democratic Constitution in South Africa Struggle against Apartheid • Apartheid was the name of a system of racial discrimination unique to South Africa. • This system was particularly oppressive for the blacks. → They were forbidden from living in white areas. • Since 1950, the blacks, coloured and Indians fought against the apartheid system. • The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation. • In 1964, Nelson Mandela and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country. Towards a New Constitution • As protests and struggles against apartheid had increased, the white regime changed its policies. • After 28 years of imprisonment, Nelson Mandela released from jail. • At the midnight of 26 April 1994, democracy was adopted as a form of government in South Africa. • After two years, a constitution came out which gave to its citizens the most extensive rights available in any country. Why do we need a Constitution? • A constitution is necessary because: → It generates a degree of trust and coordination that is necessary for different kind of people to live together. → It specifies how the government will be constituted, who will have power to take which decisions. → It lays down limits on the powers of the government and tells us what the rights of the citizens are. → It expresses the aspirations of the people about creating a good society. Making of the Indian Constitution • In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. • In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like. • Factors contributed to the making of our Constitution. → Ideals of French Revolution → The practice of parliamentary democracy in Britain → The Bill of Rights in the US → The socialist revolution in Russia The Constituent Assembly • In July 1946, Elections to the Constituent Assembly were held. → The drafting of the document called the constitution was done Constituent Assembly. → Dr. Rajendra Prasad was the Chairman of the Constituent Assembly. → In December 1946, the first meeting was held. • After the country was divided into India and Pakistan, the Constituent Assembly also got divided. • The Assembly adopted the Constitution on 26 November 1949 but it came into effect on 26 January 1950. • To mark this day we celebrate January 26 as Republic Day every year. • The Constituent Assembly worked in a systematic, open and consensual manner. → First some basic principles were decided and agreed upon. → Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion. → More than two thousand amendments were considered. Philosophy of the Constitution • The Constitution begins with a short statement of its basic values which is called the Preamble to the constitution. The preamble focuses on: → Justice, social, economic and political. → Liberty of thoughts, expression, belief, faith and worship. → Equality of status and of opportunity. → Fraternity assuring the dignity of the individual and the unity and integrity of the nation.

Fed. 51: To the People of the State of New York: TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. Without presuming to undertake a full development of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention. In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another. Perhaps such a plan of constructing the several departments would be less difficult in practice than it may in contemplation appear. Some difficulties, however, and some additional expense would attend the execution of it. Some deviations, therefore, from the principle must be admitted. In the constitution of the judiciary department in particular, it might be inexpedient to insist rigorously on the principle: first, because peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; secondly, because the permanent tenure by which the appointments are held in that department, must soon destroy all sense of dependence on the authority conferring them. It is equally evident, that the members of each department should be as little dependent as possible on those of the others, for the emoluments annexed to their offices. Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal. But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State. But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department? If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a criterion to the several State constitutions, and to the federal Constitution it will be found that if the latter does not perfectly correspond with them, the former are infinitely less able to bear such a test. There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view. First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. The first method prevails in all governments possessing an hereditary or self-appointed authority. This, at best, is but a precarious security; because a power independent of the society may as well espouse the unjust views of the major, as the rightful interests of the minor party, and may possibly be turned against both parties. The second method will be exemplified in the federal republic of the United States. Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority. In a free government the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases will depend on the number of interests and sects; and this may be presumed to depend on the extent of country and number of people comprehended under the same government. This view of the subject must particularly recommend a proper federal system to all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the Union may be formed into more circumscribed Confederacies, or States oppressive combinations of a majority will be facilitated: the best security, under the republican forms, for the rights of every class of citizens, will be diminished: and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased. Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradnally induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful. It can be little doubted that if the State of Rhode Island was separated from the Confederacy and left to itself, the insecurity of rights under the popular form of government within such narrow limits would be displayed by such reiterated oppressions of factious majorities that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it. In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good; whilst there being thus less danger to a minor from the will of a major party, there must be less pretext, also, to provide for the security of the former, by introducing into the government a will not dependent on the latter, or, in other words, a will independent of the society itself. It is no less certain than it is important, notwithstanding the contrary opinions which have been entertained, that the larger the society, provided it lie within a practical sphere, the more duly capable it will be of self-government. And happily for the REPUBLICAN CAUSE, the practicable sphere may be carried to a very great extent, by a judicious modification and mixture of the FEDERAL PRINCIPLE. PUBLIUS.

How did the framers of the Constitution try to limit the power of the national government? Separation of Powers: a key constitutional principle that divides the functions of government among three branches (legislative, executive, and judicial) to prevent any one branch from gaining too much power How did the framers of the Constitution try to keep one branch of the government from dominating the others? A system of checks and balances Checks: allow one branch to block the actions of other branch Congress can pass laws, but the president can check this power through veto. Congress can check the president’s veto power by a two-thirds majority vote in each house. Judicial branch can check the actions of both Congress and the president through its power of judicial review and so declare a law, a treaty, or an executive action unconstitutional. Balances: allow each branch of the government to have some role in the actions and power of the other branches Judges, ambassadors, and cabinet members are appointed only if the president nominates them and the Senate approves the nomination. President can sign treaties, but they only take effect if the Senate approves them. Powers of judicial branch are also balanced by the other branches. -- The Supreme Court can declare laws unconstitutional, but the president chooses federal judges, and the Senate must approve the appointments. Congress can impeach federal judges.

The Creature Constitution Independence Hall Philadelphia, 1786. None of the creatures in the hall were able to sleep. Every night, the mice would run through the spiders' webs. Then the spiders would chase the mice. The crickets would chirp all night. The pigeons in the clock tower would start singing early in the morning. Everyone was tired and unhappy. Maddy the Mouse had the biggest ears in the hall. She heard everything. She worried that no one would ever sleeр. Then the humans began meeting in the hall. Maddy sneaked into the room and listened as they talked. They needed something with rules that everyone would follow. They called it a constitution. Maddy thought a constitution was a great idea. She called a meeting. Every creature came. There were so many animals that they could barely move. "The humans have a great idea," Maddy said. "They are writing a constitution. We should have our own constitution." "What's a constitution?" asked a pigeon. "It's a list of rules for us to live by," Maddy said. "We need rules so we can all sleep." All the creatures agreed. "There are too many of us to talk about the rules right now," Maddy said. "Each group should pick five creatures to talk for them at a meeting tomorrow. They will decide what the new rules will be." The groups each went back to where they lived. They picked animals to speak for their group. The next day, the chosen creatures met. Everyone listened to each other's problems. When the groups started to argue, Maddy reminded them to work together. Each group then shared the rules that they thought would let everyone sleep better. They came up with rules that everyone could agree on. Maddy had found a way for them to all work together. The creatures asked Maddy to be their leader. They would bring new problems to Maddy and the other groups. The night they signed their constitution, the creatures in the building all had a good night's sleep.

Legislative Structure: Congress -- two houses: Senate (2 senators from each state, 6 year terms, must be at least 30 years old and have been a citizen for at least nine years) -- Constitution originally allowed state legislatures to choose the two senators but now elected by popular vote House of Representatives (number based on population of state, determined every ten years in a census -- number now set at 435; 2 year terms, must be at least 25 years old and have been a citizen for 7 years) Legislative Powers: Makes the laws -- any senator or representative can propose a bill -- if majority in one house favors it, bill goes to other house for debate -- if approved by both -- goes to the president to be signed into law -- President can veto any proposed law but can then be overruled if there is a two thirds majority in both houses favoring the law Elastic Clause -- can make all laws “necessary and proper” to carry out its other powers Only the House of Representatives can propose new taxes Only Congress can decide on how to spend the money raised through taxes Power to raise (pay for) an army and navy To declare war Approves treaties and executive appointments -- Senate How was the debate over how the president should be chosen resolved? The Electoral College System -- made up of electors who cast votes to elect the president and vice-president every four years Each state has as many electors in the Electoral College as the number of senators and reps it sends to Congress. The votes cast by electors are called electoral votes. Delegates left the method of choosing electors up to each state. Before 1820, state legislatures chose electors in most states. Today, people choose their state’s electors when they vote in presidential elections. The electors then cast their ballots for president and vice-president on a date chosen by Congress. Today must win at least 270 of the 538 total electoral votes

Consists of federal courts and judges Constitution gives Congress the power to create inferior (lower) courts to meet the nation’s needs -- two main types: District courts -- most cases involving federal laws are first heard in district courts -- U.S. divided into large geographic districts (which covers several states) Appellate courts -- courts that review cases that have been appealed from a lower court -- only considers whether the original trial was fair and legal -- their decisions can be appealed to the Supreme Court Supreme Court -- the highest court in the land (Congress has set the number of justices at nine, and they usually serve for life). Judicial Powers: To protect the Constitution Federal courts have the power to resolve disputes that involve national laws, the federal government, or the states. -- can also try people accused of breaking national laws Dispute only goes directly to Supreme Court if it involves a state or an ambassador from another country; otherwise has to come from a trial and then an appeal in lower courts -- could come eventually from national or state courts -- usually only review cases if they think a decision from a lower court might conflict with the Constitution or a federal law Supreme Court -- has the power of judicial review -- the power of the Supreme Court to decide whether laws and acts made by the legislative and executive branches are unconstitutional

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