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
That such a small minority of the people should have the power under our
constitutional arrangements to prevent reform, can hardly be reconciled
with the general belief that in this country the majority rules. Yet
small as was this minority when the Constitution was adopted, it is much
smaller now than it was then. In 1900 one forty-fourth of the population
distributed so as to constitute a majority in the twelve smallest states
could defeat any proposed amendment. As a matter of fact it is
impossible to secure amendments to the Constitution, unless the
sentiment in favor of change amounts almost to a revolution. Only at
critical times in our history have constitutional amendments been
adopted. During sixty-one years from 1804 to 1865, and since 1870, no
amendments have been made. The fifteen amendments were all adopted,
either during the turbulent period of American politics which
immediately followed the ratification of the Constitution, or during
the reconstruction period after the Civil War. That it is not possible
in ordinary times to change the Constitution is evident from the fact
that of some twenty-two hundred propositions for amendment only fifteen
have been adopted, and these during the periods above mentioned.[37]
"The argument in favor of these artificial majorities," says Professor
Burgess, "is that innovation is too strong an impulse in democratic
states, and must be regulated; that the organic law should be changed
only after patience, experience and deliberation shall have demonstrated
the necessity of the change; and that too great fixedness of the law is
better than too great fluctuation. This is all true enough; but, on the
other hand, it is equally true that development is as much a law of
state life as existence. Prohibit the former, and the latter is the
existence of the body after the spirit has departed. When, in a
democratic political society, the well-matured, long and deliberately
formed will of the undoubted majority can be persistently and
successfully thwarted, in the amendment of its organic law, by the will
of the minority, there is just as much danger to the state from
revolution and violence as there is from the caprice of the majority,
where the sovereignty of the bare majority is acknowledged. The
safeguards against too radical change must not be exaggerated to the
point of dethroning the real sovereign."[38]
What Professor Burgess seems to overlook is the fact that the framers of
the Constitution deliberately intended to dethrone the numerical
majority. The restrictions which they placed upon the exercise of the
amending power were not only not inconsistent with the form of
government which they established, but as a matter of fact absolutely
necessary to ensure its preservation, since without such a limitation of
the power to amend, the majority could easily overcome all other checks
upon its authority.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account