English Origins of America’s Constitution
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elected from single-member districts for relatively brief terms. A speaker
presides over both chambers, though the speaker of the House of Commons is a neutral figure who does not vote or participate in the proceedings. Both houses are regarded as the ‘‘lower’’ houses and have many
more members than the ‘‘upper’’ houses. Because they are subject to
more frequent elections and represent a smaller constituency, the members of the House of Commons and the House of Representatives are also
commonly regarded as ‘‘closer to the people.’’ The House of Lords has
ceased to function as an independent body equal to the House of Commons, and nowadays is quite unlike the powerful United States Senate.
In 1787, however, there were some similarities. Although the Senate was
established to represent the several States rather than an American ‘‘nobility,’’ both the Senate and the House of Lords were regarded as smaller,
more exclusive bodies that would serve as a moderating influence on the
more populous lower houses. Both were free of direct popular control;
many (but not all) members of the House of Lords held their seats by
inheritance, and Senators were elected by the State legislatures rather
than by the people. Bicameralism was thus favored in both England
and America as a device for restraining the legislature. By representing
different constituencies, with different interests, in two chambers instead
of one, no single interest or single class, it was argued, would dominate
the entire legislative branch.
Likewise, the Federal judicial system adopted by the Framers in 1787
bore the stamp of the English Constitution. Under both constitutions, the
judiciary has been established as an independent branch, largely though
not completely free of legislative and executive control. The judges are
appointed by the executive for unspecified terms, remain on the bench as
long as they exercise ‘‘good behavior,’’ and may not be removed from office except by impeachment. Their salaries may not be reduced by the
legislature while they serve. This strengthens their independence by preventing an angry legislature from attempting to influence the judicial
process through manipulation of judicial salaries.
In many other ways, American constitutionalism, written or unwritten, is rooted in British practices and customs. Almost without exception,
all of the individual liberties, including political liberty and the right of
property, that are guaranteed in the Federal and State constitutions may