The constitution has also been modified by decisions of the courts. The
courts cannot change a single word in the constitution; they merely
interpret its meaning. Their function is =jus dicere, non dare= (to
interpret the law, not to make it), as the saying goes. But the fact
remains that changes in the meaning of words are equivalent for all
practical purposes to changes in the words themselves. The Supreme
Court, in a long series of decisions, has greatly expanded the powers of
the national government by the interpretation of words and clauses in
the written constitution. It has decided that the power to borrow money
includes the power to establish banks, that the power to regulate
commerce includes the power to fix railroad rates, that the power to
establish post-offices includes the power to punish those who use the
mails for a fraudulent purpose, and so on. It has been the function of
the court to make the words spell out new meanings to fit new
situations. One cannot today obtain an adequate knowledge of what these
words and phrases mean by merely reading the document; it is necessary
to go through the decisions of the Supreme Court and find out just how
this great tribunal has interpreted them.
[Sidenote: 3. Statutes.]
The constitution has been developed by law. Many things were left in
general terms in order that the details might be settled by Congress or
by the state legislature. Nothing is said in the constitution about the
organization or procedure of the federal courts. All this has been built
up by laws. Nor is anything said about the method of nominating
congressmen, or the form of the ballot, or the duties of election
officials. That, too, is arranged by law. Much of what we call the
machinery of American government today rests upon ordinary laws which
can be changed by Congress or the state legislatures at any time.
[Sidenote: 4. Amendments.]
Finally, the constitution can be changed, and on nineteen matters has
been changed by amending it. The constitution provides four possible
methods of making and ratifying amendments,—two of initiating and two of
ratifying. These various ways are stated in the document (Article V)
more briefly and more clearly than they can be recapitulated here. But
every one of the amendments thus far made has been proposed and adopted
in one and the same way, namely, proposal by Congress and ratification
by three-fourths of the state legislatures. [Sidenote: Method of making
amendments.] The other plan of proposing amendments, that is by calling
a constitutional convention, would open the gates for a general revision
or for the submission of an entirely new constitution, which is
something that public opinion has not yet seemed to favor. If, however,
Congress should at any time endeavor to thwart the will of the people by
declining to propose an amendment strongly demanded by public opinion
its hand could be forced by resort to the convention method.
[Sidenote: Nature of the nineteen amendments.]
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