Why It’s Time for a New Wave of Constitutional Amendments
Page 1 of 1
Why It’s Time for a New Wave of Constitutional Amendments
David O. Stewart, a lawyer and writer in Washington, is the author of “Madison’s Gift: Five Partnerships that Built America,” which will be released on February 10, 2015.
James Madison and the other delegates to the Constitutional Convention of 1787 did not suffer from the Constitution-worship that sometimes afflicts American politics. They took care to include an effective process for amendments, since they thought the document was bound to be flawed.
Indeed, many condemned the Constitution at first. Three major states (Massachusetts, Virginia, and New York) ratified by whisker-thin margins. Neither North Carolina nor Rhode Island joined the new republic until after the government was formed. The founding generation drafted thirteen out of the twenty-seven amendments adopted so far.
Four waves of amendments have wrought critical changes in the Constitution. The new Congress should commence a fifth. Government now founders in corrosive gridlock, perpetuated by congressmen who effectively serve for life in gerrymandered districts. Never-ending presidential campaigning absorbs spiraling amounts of money. Voter participation sinks to new lows.
These failures are not solely the fault of small-caliber politicians and a somnolent citizenry. We need structural changes. As Madison insisted in 1788, experience “points out the faults which really call for amendment.”
Amending the Constitution requires a two-thirds vote by each house of Congress, then ratification by three-fourths of the state legislatures (today, that means thirty-eight states). The process is difficult, but previous generations have made it work.
http://historynewsnetwork.org/article/158357
James Madison and the other delegates to the Constitutional Convention of 1787 did not suffer from the Constitution-worship that sometimes afflicts American politics. They took care to include an effective process for amendments, since they thought the document was bound to be flawed.
Indeed, many condemned the Constitution at first. Three major states (Massachusetts, Virginia, and New York) ratified by whisker-thin margins. Neither North Carolina nor Rhode Island joined the new republic until after the government was formed. The founding generation drafted thirteen out of the twenty-seven amendments adopted so far.
Four waves of amendments have wrought critical changes in the Constitution. The new Congress should commence a fifth. Government now founders in corrosive gridlock, perpetuated by congressmen who effectively serve for life in gerrymandered districts. Never-ending presidential campaigning absorbs spiraling amounts of money. Voter participation sinks to new lows.
These failures are not solely the fault of small-caliber politicians and a somnolent citizenry. We need structural changes. As Madison insisted in 1788, experience “points out the faults which really call for amendment.”
Amending the Constitution requires a two-thirds vote by each house of Congress, then ratification by three-fourths of the state legislatures (today, that means thirty-eight states). The process is difficult, but previous generations have made it work.
http://historynewsnetwork.org/article/158357
Guest- Guest
Re: Why It’s Time for a New Wave of Constitutional Amendments
Meh...I'm not so sure. First, a constitution should address only those matters of enduring and profound significance. Too many amendments turns the Constitution into frivolous legislation over 'petty crimes and parking matters'. With 50-states and several territories, all with constitutions, we have had many, many experiments by which we have learned this lesson.
Second, the constitution is your founding document. If you turn it into a parade of passing fads and fancies, it doesn't say much for the longevity of your foundation.
Even our Constitution is flawed in that it has petty matters mixed in with more profound things. For example, along side of profound matters such as equality before the law, we have things like quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime or wartime (Third Amendment). These provisions arise out of matters of passing significance at one point in time, but of no real, enduring concern.
Beyond the issue of clutter, the author seems to be arguing simply for change for the sake of change. I think it's better to address the specifics, and let the whole take shape as it will.
Second, the constitution is your founding document. If you turn it into a parade of passing fads and fancies, it doesn't say much for the longevity of your foundation.
Even our Constitution is flawed in that it has petty matters mixed in with more profound things. For example, along side of profound matters such as equality before the law, we have things like quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime or wartime (Third Amendment). These provisions arise out of matters of passing significance at one point in time, but of no real, enduring concern.
Beyond the issue of clutter, the author seems to be arguing simply for change for the sake of change. I think it's better to address the specifics, and let the whole take shape as it will.
Original Quill- Forum Detective ????♀️
- Posts : 37540
Join date : 2013-12-19
Age : 59
Location : Northern California
Similar topics
» Fifty Labour amendments to kill Bill for EU referendum
» Right Wing: Your dead kids don’t trump my constitutional rights
» Congressman Tells Black Constituent He’s Not Sure The Civil Rights Act Is Constitutional
» Egyptian Supreme Constitutional Court rules legislature illegitimate
» Tax credits vote: PM accuses Lords of breaking constitutional convention
» Right Wing: Your dead kids don’t trump my constitutional rights
» Congressman Tells Black Constituent He’s Not Sure The Civil Rights Act Is Constitutional
» Egyptian Supreme Constitutional Court rules legislature illegitimate
» Tax credits vote: PM accuses Lords of breaking constitutional convention
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
Sat Mar 18, 2023 12:28 pm by Ben Reilly
» TOTAL MADNESS Great British Railway Journeys among shows flagged by counter terror scheme ‘for encouraging far-right sympathies
Wed Feb 22, 2023 5:14 pm by Tommy Monk
» Interesting COVID figures
Tue Feb 21, 2023 5:00 am by Tommy Monk
» HAPPY CHRISTMAS.
Sun Jan 01, 2023 7:33 pm by Tommy Monk
» The Fight Over Climate Change is Over (The Greenies Won!)
Thu Dec 15, 2022 3:59 pm by Tommy Monk
» Trump supporter murders wife, kills family dog, shoots daughter
Mon Dec 12, 2022 1:21 am by 'Wolfie
» Quill
Thu Oct 20, 2022 10:28 pm by Tommy Monk
» Algerian Woman under investigation for torture and murder of French girl, 12, whose body was found in plastic case in Paris
Thu Oct 20, 2022 10:04 pm by Tommy Monk
» Wind turbines cool down the Earth (edited with better video link)
Sun Oct 16, 2022 9:19 am by Ben Reilly
» Saying goodbye to our Queen.
Sun Sep 25, 2022 9:02 pm by Maddog
» PHEW.
Sat Sep 17, 2022 6:33 pm by Syl
» And here's some more enrichment...
Thu Sep 15, 2022 3:46 pm by Ben Reilly
» John F Kennedy Assassination
Thu Sep 15, 2022 3:40 pm by Ben Reilly
» Where is everyone lately...?
Thu Sep 15, 2022 3:33 pm by Ben Reilly
» London violence over the weekend...
Mon Sep 05, 2022 2:19 pm by Tommy Monk
» Why should anyone believe anything that Mo Farah says...!?
Wed Jul 13, 2022 1:44 am by Tommy Monk
» Liverpool Labour defends mayor role poll after turnout was only 3% and they say they will push ahead with the option that was least preferred!!!
Mon Jul 11, 2022 1:11 pm by Tommy Monk
» Labour leader Keir Stammer can't answer the simple question of whether a woman has a penis or not...
Mon Jul 11, 2022 3:58 am by Tommy Monk
» More evidence of remoaners still trying to overturn Brexit... and this is a conservative MP who should be drummed out of the party and out of parliament!
Sun Jul 10, 2022 10:50 pm by Tommy Monk
» R Kelly 30 years, Ghislaine Maxwell 20 years... but here in UK...
Fri Jul 08, 2022 5:31 pm by Original Quill