Some Remarks on the Federal Constitution of the United States of America Cover Image

Kilka refleksji na temat konstytucji federalnej Stanów Zjednoczonych Ameryki
Some Remarks on the Federal Constitution of the United States of America

Author(s): Jolanta Alina Daszyńska
Subject(s): Constitutional Law, Government/Political systems, 18th Century
Published by: Fundacja Niepodległości
Keywords: Federal Constitution; Founding Fathers; Federalism; Bill of Rights; Amendments to the Constitution; United States Congress;

Summary/Abstract: The Constitution of United States of America established the nation’s fundamental laws, and the form of the national government. It also defined the rights and liberties of the American people. It created a new country and a new form of government. The Constitution established not only a strict union of sovereign states, but a government that exercised its authority directly over all citizens. The federal Constitution of 1787 defined the powers delegated to the national government, but also it protected the powers reserved to the states. The Founding Fathers forgot to include a bill of rights to the Constitution. They promised to do so and three-fourths of the states had approved 10 of the proposed 12 amendments in 1791. These 10 amendments are known as the Bill of Rights. The Constitution sets up a federal system by dividing powers between the national and state governments. It also separates powers among three independent branches: the executive, the legislative and the judicial. Those powers are separated, but at the same time they are joined with each other. This phenomenon is known as the checks and balance doctrine. From the very beginning appeared the problem with the interpretation of the Constitution. Some politicians respected only the delegated or strictly expressed powers listed in the Constitution. But some others, following the advice of Alexander Hamilton were to thought about so called implied powers, which were only suggested by the Constitution. Such misunderstandings opened the way for future problems and conflicts, which effected in the Civil War. The American Constitution had a very great influence in Europe, mainly Poland and France. Till today, after 27 amendments added it is still the fundamental and the best known document for Americans.

  • Issue Year: 2011
  • Issue No: 3
  • Page Range: 21-34
  • Page Count: 14
  • Language: Polish