Distinct element of the constitutional form of the US?

Answer 1

A distinct element of the constitutional form of the United States is the ability for judges to declare laws that other bodies of government pass as unconstitutional. Other forms of constitutions provide for strike down provisions only by select members of government.

Answer 2

Federalism and the federal system define the basic structure of American government. There were many disagreements at the Constitutional Convention. Many delegates feared a national government that was too strong and many delegates feared that states' rights would merely continue the weak form of government under the Articles. The Constitution created a federal system of government (federalism) as a compromise. Under federalism, power is shared and divided between national and state governments. Each has specific powers unto themselves while they also share certain powers. Both levels have their own agencies and officials and directly affect the people. The Founding Fathers really had no other choice except federalism. The weak union created under the Articles would not work yet people did not want to give all the power to a national government. Federalism was the middle ground--compromise--a way to distribute authority between the states and the national government.