The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy — John Shaqi
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
No proposal, then, to make any important change in the Constitution has
ever obtained the preliminary two-thirds majority, to say nothing of
the majority in three-fourths of the states, necessary for its adoption.
That the majority required to propose an amendment is almost prohibitive
of change, is shown by the record of popular elections and the journals
of representative bodies. From the presidential election year of 1828,
the first for which we have a record of the popular vote, down to 1900,
the largest majority ever received by any candidate for the Presidency
was that of Andrew Jackson in 1828, when he had less than 56 per cent.
of the popular vote.[49] Nine elections since Jackson's time resulted in
the choice of a President by less than a popular majority. No candidate
in any presidential election from 1876 to 1900 inclusive has carried
two-thirds of the states.[50]
It is still more difficult for any important reform measure to secure a
two-thirds majority in a representative assembly, as the proceedings of
Congress and our state legislatures abundantly prove. This is true for
the reason that a wealthy minority can exert an influence over such
bodies out of all proportion to its numerical strength at the polls.
Hence even a bare majority can seldom be obtained for any measure which
interferes with or restricts the privileges of organized wealth. A
two-thirds majority under such circumstances is practically impossible.
And when we remember that any proposed amendment to the Constitution
must twice run the gauntlet of representative assemblies, receiving
first a two-thirds majority in both houses of Congress and later a
majority in both houses of the legislature or in conventions in
three-fourths of the states, we readily see that this provision
effectually precludes the possibility of any important amendment.
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