FREE BOOKS

Author's List




PREV.   NEXT  
|<   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51  
52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   >>   >|  
HE SIGNIFICANCE OF THE AMENDMENT FEATURE OF THE CONSTITUTION All democratic constitutions are flexible and easy to amend. This follows from the fact that in a government which the people really control, a constitution is merely the means of securing the supremacy of public opinion and not an instrument for thwarting it. Such a constitution can not be regarded as a check upon the people themselves. It is a device for securing to them that necessary control over their agents and representatives, without which popular government exists only in name. A government is democratic just in proportion as it responds to the will of the people; and since one way of defeating the will of the people is to make it difficult to alter the form of government, it necessarily follows that any constitution which is democratic in spirit must yield readily to changes in public opinion. Monarchical and aristocratic constitutions on the other hand are always extremely conservative. Inasmuch as they express the opinion and guarantee the privileges of a dominant class, they are bulwarks erected against popular change. The privileged classes of any society regard stability as the chief political desideratum. They resist, and if possible prevent, those legal and political readjustments which the general progress of society makes necessary. Their interests are furthered in proportion as the system is one which renders change difficult. With this distinction in mind let us examine the Constitution of the United States. Was it the intention of the framers of this instrument that it should be merely a check upon the governmental machinery with the view of establishing popular control over it, or was it expected to constitute a check upon the people themselves? That it was not intended that the people should be given direct and complete control over the general policy of the government is clear from the fact that the Constitution was made so difficult to amend; for the right to control the political machinery, implies of necessity the right to make such changes in it from time to time, as are needed to make this control effective. It is evident from the views expressed in the Convention that one object of the Constitution was to secure stability by placing the government beyond the direct influence of public opinion. Madison, who has been called the "father of the Constitution," thought it "ought to secure the permanent interests of the country
PREV.   NEXT  
|<   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51  
52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   >>   >|  



Top keywords:

control

 

government

 
people
 
opinion
 
Constitution
 

public

 

constitution

 

popular

 

democratic

 

political


difficult

 

change

 

direct

 

machinery

 

proportion

 
instrument
 

stability

 
interests
 

general

 
constitutions

secure

 

society

 
securing
 

governmental

 

readjustments

 

establishing

 

progress

 

system

 

renders

 

examine


United

 
furthered
 

intention

 

distinction

 

States

 

framers

 

effective

 

influence

 

Madison

 

placing


Convention

 

object

 

permanent

 

country

 

thought

 

father

 
called
 
expressed
 
complete
 

policy