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
We see, then, that several of the early state constitutions expressly
gave, either directly to a majority of the qualified voters, or to their
representatives, the right to amend; and even in Massachusetts, New
Hampshire, and Delaware, whose constitutions expressly limited the power
of the majority, the limitation was not effective, since the majority
could push through under the guise of ordinary legislation, measures
which virtually amounted to an exercise of the amending power. Such
limitations on the power of the majority did not become effective until
a judiciary not directly responsible to the people, acquired the right
to declare acts of the legislature null and void.
An examination of these features of the various state constitutions in
force in 1787 shows clearly the reactionary character of the Federal
Constitution. It repudiated entirely the doctrine then expressly
recognized in some of the states and virtually in all, that a majority
of the qualified voters could amend the fundamental law. And not only
did it go farther than any state constitution in expressly limiting the
power of the majority, but it provided what no state constitution had
done--the means by which its limitations on the power of the majority
could be enforced.
A comparison of this feature of our Constitution with the method of
amendment in other countries is interesting and instructive. In England
no distinction is made between constitutional amendments and other
legislation. And since the Crown has lost the veto power and the House
of Commons established its right to override the opposition of the House
of Lords, the most radical changes may be made without even the checks
which impede ordinary legislation in the United States.
In France amendment of the Constitution is almost as easy as in England,
though a distinction is made between this and ordinary legislation. When
both the Senate and Chamber of Deputies decide by an absolute majority
in each that amendment is necessary, they meet in joint session as a
National Assembly for that purpose. An absolute majority of the members
composing the National Assembly is required to change the Constitution.
Amendments to the Federal Constitution of Australia may be proposed by
an absolute majority of both Houses of Parliament. Not less than two nor
more than six months after the proposed amendment has been passed by
both houses, it must be submitted to the qualified voters in each
state. But if either house by an absolute majority passes a proposed
amendment which is rejected by the other house, and passes it again by
an absolute majority after an interval of three months, the
Governor-General may submit the proposed amendment to the qualified
voters. A proposed amendment is adopted if it is approved by a majority
of all those voting and also by a majority in a majority of the states.
Public-domain text, read in full here on John Shaqi.
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