The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
longer be permitted to thwart the will of the majority if the other
branches of the Federal government were thoroughly imbued with the
belief in democracy. As explained in Chapter V, the Constitution
contains no hint of this power to declare acts of Congress null and
void. It was injected into the Constitution, as the framers intended, by
judicial interpretation, and under the influence of a thoroughly
democratic President, and Congress might be eliminated in the same way.
The most important feature of the Constitution from the standpoint of
democracy is the provision contained in article V, requiring Congress
"on the application of the legislatures of two-thirds of the several
states" to "call a convention for proposing amendments." The progress of
democracy in the various state governments is likely to compel resort to
this method of changing the Federal Constitution if the Senate much
longer persists in disregarding the will of the people. In fact, this
is, in the opinion of the conservative class, the one fatal defect in
the scheme of constitutional checks established by our forefathers. It
in reality opens the door to the most revolutionary changes in our
political arrangements. Congress can not refuse to call a general
constitutional convention when two-thirds of the states demand it, and
this convention might propose an entirely new constitution framed in
accord with the most advanced ideas of democracy. It might also follow
the precedent, set by the framers of our present Constitution and
prescribe an entirely new method of ratification as our more
conservative forefathers did when they disregarded the then existing
provision governing the amendment of the Articles of Confederation. It
is true that they ignored the established method of amending as well as
the instructions from the states by which they were appointed, in order
to bring about the adoption of a political system more acceptable to the
conservative classes. But what has been done in the interest of the
minority may also be done in the interest of the majority. A new Federal
constitution might be framed which would eliminate the whole system of
checks on the people and provide for direct ratification by a majority
of the voters, as has already been done in the case of most of our state
constitutions. If the Constitution does not yield sufficiently to
satisfy the popular demand for reform, it is possible that the
reactionary forces will, in their anxiety to defeat moderate democratic
measures, arouse sufficient opposition on the part of the people to
compel sweeping constitutional changes.
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