The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
Distrustful as the American people were of the new Constitution, they
yet had the political sagacity to prefer its imperfections, whatever
they imagined them to be, to the mad spirit of innovation; and in order
that the great instrument should not, through the excesses of party
passion or the temporary caprices of fleeting generations, speedily
become a mere "scrap of paper" they very wisely provided that no
amendment should, in the future, be made unless it was proposed by at
least two-thirds of the Senate and the House of Representatives and
ratified by three-fourths of the States through their legislatures or
through special conventions. This was only one of many striking
negations of the principle of majority rule. As a result of this
provision, if we count the first ten amendments as virtually part of the
original document, only nine amendments have been adopted in 185 years,
and of these, excepting the amendments which ended slavery as the result
of the Civil War, only the last three, passed in recent years partly
through the relaxing influence of the world war, mark a serious
departure from the basic principles of the Constitution.
This stability is the more remarkable when we recall the profound and
revolutionary change that has taken place in the social life of man
since the Constitution was adopted. It was framed at the very end of the
pastoral-agricultural age of humanity. The industrial revolution, which
has more profoundly affected man in the last century and a half than all
the changes which had theretofore taken place in the life of man since
the cave-dweller, was only then beginning. Measured in terms of
mechanical power, men when the Constitution was formed were Lilliputians
as compared with the Brobdingnagians of our day, when man outflies the
eagle, outswims the fish, and by his conquest and utilization of the
invisible forces of nature has become the superman; and yet the
Constitution of 1787 is, in most of its essential principles, still the
Constitution of 1922. This surely marks it as a marvel in statecraft
and can only be explained by the fact that the Constitution was
developed by a people who, as "children brave and free of the great
mother-tongue," had a real genius for self-government and its essential
element, the spirit of self-restraint.
While it is true that the _text_ of the instrument has suffered almost
as little change as the Nicene Creed, yet it would be manifest error to
suggest that in its development by practical application the
Constitution has not undergone great changes.
The first and greatest of all its expounders, Chief Justice Marshall,
said, in one of his greatest opinions, that the Constitution was--
Public-domain text, read in full here on John Shaqi.
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