=How the Constitution has Developed.=—But the constitution today is not
what it was a hundred and twenty-odd years ago. Were that the case, it
would be sadly out of touch with the needs of the nation. To be
satisfactory a constitution must be capable of steady expansion and
development; it must be able to keep step with political, social, and
economic progress. This the constitution of the United States has been
able to do through various agencies of development, usage, judicial
interpretation, and amendment. Established for thirteen states
containing four million people it has been expanded to cover the needs
of nearly four times as many states and more than twenty-five times as
many people. Framed in days of stage coaches and sailing ships,
hand-industry and primitive methods of agriculture, it has carried
through into the days of airships and tractors, giant factories and
miracles of industry. It is endowed with dynamic qualities.
[Sidenote: 1. Usage.]
Let us look a little more closely at these agencies of development.
Usage is one of them. Alongside the written document there have grown up
many practices which have practically the strength of written
provisions. Take the method of electing the President, for example.
Indirect election is provided in the constitution; by usage the election
has become direct. The constitution provides that the President shall
make appointments with the “advice and consent” of the Senate; but as a
matter of usage its advice is never asked and its consent, in some
cases, is never refused (see p. 298). The constitution says not a word
about the Cabinet, but by usage a Cabinet system has grown up in the
United States as in England. Nor does it say a word about political
parties, nevertheless usage has given them a large part in government.
These illustrations could be multiplied. Why does no President seek a
third term? Why does a President usually consult individual
representatives before making local appointments? Why are non-residents
in a congressional district practically never elected to represent it?
Usage answers these and many other questions.
[Sidenote: 2. Interpretation.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account