Power was required for
Amendment than for a Grant.--The Power of Amendment is confined
to Grants of the Constitution.--Limitations on the Power of
Amendment.
In July, 1776, the Congress of the thirteen united colonies declared
that "these united colonies are, and of right ought to be, free and
independent States." The denial of this asserted right and the attempted
coercion made it manifest that a bond of union was necessary, for the
common defense.
In November of the next year, viz., 1777, articles of confederation and
perpetual union were entered into by the thirteen States under the style
of "The United States of America." The government instituted was to be
administered by a congress of delegates from the several States, and
each State to have an equal voice in legislation. The Government so
formed was to act through and by the States, and, having no power to
enforce its requisitions upon the States, embarrassment was early
realized in its efforts to provide for the exigencies of war. After the
treaty of peace and recognition of the independence of the States, the
difficulty of raising revenue and regulating commerce was so great as to
lead to repeated efforts to obtain from the States additional grants of
power. Under the Articles of Confederation no amendment of them could be
made except by the unanimous consent of the States, and this it had not
been found possible to obtain for the powers requisite to the efficient
discharge of the functions intrusted to the Congress. Hence arose the
proceedings for a convention to amend the articles of confederation. The
result was the formation of a new plan of government, entitled "The
Constitution of the United States of America."
This was submitted to the Congress, in order that, if approved by them,
it might be referred to the States for adoption or rejection by the
several conventions thereof, and, if adopted by nine of the States, it
was to be the compact of union between the States so ratifying the same.
The new form of government differed in many essential particulars from
the old one. The delegates, intent on the purpose to give greater
efficiency to the government of the Union, proposed greatly to enlarge
its powers, so much so that it was not deemed safe to confide them to a
single body, and they were consequently distributed between three
independent departments of government, which might be a check upon one
another. The Constitution did not,
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