American Government

Chapter 2 From Colonialism to Constitutionalism

There may be much debate about what event, at what time, or the signing of a particular
document on how America achieved its independence. However, a major component of
our independence came at the signing of the Declaration of Independence on July ,
!""#. $or the most part, at least on paper, the Declaration of Independence ended %ritish
rule over the American colonies. &oon afterward, the Articles of 'onfederation were
drafted and adopted. The Articles of 'onfederation gave way to the creation of the (&
'onstitution in !")".
The (& *ational Archives +The ,*ation-s Attic./ in 0ash, D' is the home of the
Declaration of Independence and the (& 'onstitution.
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3any of the colonists thought of themselves as 4nglish +%ritish/. A great deal of the
colonists- ideas and customs such as politics, religion, law and individual-s rights were
rooted in 4nglish history. An e5ample of %ritish influence is that of our judicial and legal
system.
3uch of our legal system is based upon concepts such as ,common law,. also 6nown as
,judge7made. law and ,stare decisis..
'ommon law is a set of rules that have been created by judges in the course of rendering
decisions on court cases. 'ommon law dates as far bac6 as medieval times in 4ngland.
8recedents are also important in our legal system because in most situations, courts will
apply the principle of ,stare decisis.. This legal rule re9uires courts to apply e5isting
precedents to cases involving similar facts. &tare decisis is not an absolute rule: courts
may change e5isting precedents when they believe that the circumstances re9uire a
change However, these changes are 9uite rare.
A major element of American rights and freedoms emanates from 4nglish tradition. The
3agna 'arta +;ear !<!=/ stated that the 6ing was bound by law and must respect the
rights of his subjects.
In !#)>, the 4nglish %ill of ?ights had established basic guarantees such as the right to a
jury trial and a right to petition the government +govt/. 0hen the American colonists
rebelled against %ritish rule and demanded certain rights, they were demanding similar
rights already enjoyed by 4nglish citi@ens.
The Road to Independence and Early Attempts at Cooperation
Don-t be confused. 0e as a nation have our differences between +b2w/ regions, states,
neighborhoods, etc. &till, we are all part of the (nited &tates +(&/. Aetting to be the
(nited &tates was no easy tas6. %ased upon historical s9uabbling and indifference,
there were times that the (& didn-t loo6 li6e it would ever become the (&. 4arly
attempts at cooperation, for many reasons, were met with much opposition.
'olonists had to deal with many issues B most notably concerning *ative
Americans +Indians/ and the %ritish influence and control on the colonies.
%en $ran6lin proposed a colonial govt 6nown as the Albany 8lan. It called for the
creation of a general govt with the power to ma6e treaties with *ative American tribes, to
settle and purchase western lands, the ability to declare war and ma6e peace, and regulate
trade with the Indians. The plan was never carried out because the %ritish rulers of the
colonies rejected it. 4ngland loo6ed at Americans as an e5tension of %ritish colonialism.
The colonies, through numerous acts, were a source of revenue for the %ritish. &ome of
the more notable acts were the following1
a. &ugar Act +!"#/ B 8laced import duties +ta5es/ on items such as coffee, wine and
other goods. &oon after, the battle cry of ,ta5ation w2o representation. +ta5ation
w2o the consent of the colonists/ was declared at a %oston town meeting.
b. Cuartering Act +!"#=/ B Daw demanded colonists provide housing and provisions
to %ritish troops stationed in the colonies.
c. &tamp Act +!"#=/ B Daw that imposed ta5es on newspapers, legal documents,
playing cards, etc.
Things were coming to a boiling point. In !""E, a fight b2w a colonist and a %ritish
soldier developed into a riot and resulted in what we now 6now as the ,%oston
3assacre.. $ive colonists were 6illed.
The ,%oston 3assacre..
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The colonists needed ways to air their grievances. They formed ,committees of
correspondence. to deal with these issues that were threatening to them due to the actions
of the %ritish 8arliament. &till, problems continued.
In !""F, the Tea Act forced a monopoly on the American tea trade. Gne result was the
%oston Tea 8arty.
The %oston Tea 8arty protest.
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In !"", 8arliament passed the 'oercive Acts, prohibiting the loading and unloading of
ships in %oston harbor. At this point, the Americans felt that the colonists were being
occupied rather than governed. ?esentment against %ritish rule was gathering great
momentum.
The First Continental Congress
In !"", delegates from all of the colonies, e5cept Aeorgia, met in 8hiladelphia for the
$irst 'ontinental 'ongress. The main purpose was to restore union and harmony b2w
America and %ritain. However, ,radical. &am Adams had adopted a ,Declaration of
?ights and Arievances. that listed violations of colonists- rights and declared that
8arliament had no authority over the colonies.
The Revolution
Gn April !), !""=, %ritish soldiers were on the move from 'oncord to De5ington, 3ass.
8aul ?evere had warned the colonists the night before to e5pect trouble. #E
3assachusetts 3inutemen met the %ritish and shots were fired. ) 3inutemen were 6illed.
Thus, the war for independence had begun.
Gn 3ay !E, !""=, the &econd 'ontinental 'ongress met in 8hiladelphia. It had no more
authority than the $irst 'ontinental 'ongress. However, the colonists needed a temporary
central govt. Items of great necessity were1
a. Troops.
b. 8rinting of money.
c. Ambassadors to send to foreign nations.
Thus, the 'ontinental 'ongress became responsible for guiding the efforts of the
colonists in their fight against the %ritish.
The Declaration of Independence
Thomas 8aine-s writing of ,'ommon &ense. is credited with turning the tide of public
opinion in favor of a formal brea6 with 4ngland.
In June !""#, ?ichard Henry Dee of Hirginia submitted < proposals to the 'ontinental
'ongress1
!. ?ecommend that the colonies form a permanent confederation.
<. A positive declaration that the colonies shall be free and independent states.
The latter proposal was finally adopted on July <.
Thomas Jefferson was as6ed to prepare a ,statement. to be read to the public. This
,statement,. 6nown as the Declaration of Independence, was adopted on July .
,0e hold these truths to be self7evident, that all men are created e9ual, that they are
endowed by their 'reator with certain unalienable ?ights, that among these are Dife,
Diberty and the pursuit of Happiness.. B 45cerpt from the Declaration of Independence.
The Articles of Confederation
Although the Declaration of Independence announced America-s independence to the
world, only $rance and the *etherlands recogni@ed it. In !")!, the 'ontinental 'ongress
ratified the Articles of 'onfederation. The nation finally obtained a constitution that
established a central govt, although it had limited authority. This early constitution
created a 'ongress in which each state had one vote. However, it did not provide for the
creation of a separate e5ecutive branch or a national court system. Amending the Articles
of 'onfederation re9uired the unanimous consent of the states B a condition that was
virtually impossible to meet. The Articles of 'onfederation was based on a theory of state
sovereignty, which held that the ultimate legal authority resided in the !F states.
Gne of the most important aspects of the Articles of 'onfederation concerned the area of
foreign affairs. ?epresentatives of 'ongress negotiated commercial treaties with several
4uropean nations and along with the Treaty of 8aris +!")F/, concluded that the
?evolutionary 0ar with Areat %ritain had gained official recognition by its former
enemy.
The 9uest for independence was not w2o a great price. Dong years of fighting and the
collapse of the %ritish colonial system led to economic depression and a wea6ening of the
national spirit. Gne of the main problems facing the central govt under the Articles of
'onfederation was the fact that it lac6ed the power to ta5 individuals and regulate
commerce.
;ou can see by today-s standards how important it is to raise revenue through ta5ation.
However, ta5ation has to have its limits. In 3assachusetts, the citi@ens were so heavily
ta5ed that by !")# its economy was crippled. 4ven today with their high ta5es,
3assachusetts is 6nown as ,Ta5achusettes..
'an you name some of the ways revenue is generated through ta5esI
The Constitutional Convention
There were many reasons that called for a constitutional convention. &ome of the more
notable reasons are the following1
a. 4conomic distress of the colonies.
b. The inability of the current govt to deal with many of the problems.
c. 3ilitary issues due to the close pro5imity of %ritish, &panish and $rench troops to
the colonies.
d. Indian issues.
The 'ongress approved of a convention to be held in 8hiladelphia beginning 3ay !,
!")" in order to revise the Articles of 'onfederation. Gf course there were many
opposing views. Thus, drafting an acceptable constitution and public approval for the
new document would be a difficult process. The convention did not actually begin until
3ay <> due to heavy rains and bad roads. ?emember that road travel via horse and buggy
was the standard bac6 then. 'onsider this notion when we get to the issue of voting and
the travel involved in reaching polling places. Although the convention sessions were
closed to the public, James 3adison 6ept records of the proceedings.
The Delegates
The delegates that attended the 8hiladelphia convention were not the same that signed the
Declaration of Independence. Actually, only # men signed both documents. Aenerally, the
group of representatives at the convention was part of the economic and social elite. All
were white men. 3any were involved in govt or politics, well educated and well7off
financially. In essence, they were the political elite. Gn the other hand, the middle classes
+shop6eepers, artisans and successful farmers/ were not represented at the convention.
Thus, it goes w2o saying that the lower class +hunters, trappers, laborers, less successful
farmers/ were not represented either.
The Issues
At the convention, Aov. 4dmund ?andolph of Hirginia presented the ,Hirginia 8lan.. It
called for the formation of a national govt consisting of a supreme legislature, e5ecutive
and judiciary. 8robably the most important decision, although not an easy one, made at
the convention was to scrap the Articles of 'onfederation and to replace it with a new
constitution.
A ational Government v !tates" Rights
However, the balancing act was the creation of a truly national govt v the continuation of
a system established by the Articles of 'onfederation in which the states possessed most
of the legal authority of govt. *ot all of the delegates favored a national form of govt.
3any supporters of the Articles of 'onfederation made an attempt to prevent the
adoption of the Hirginia 8lan. An alternative was proposed by 0illiam 8atterson called
the *ew Jersey 8lan. This plan would have preserved the basic elements of the
confederate system. In addition, this plan consisted of one house in which all of the states
would be e9ually represented. %oth plans were debated and put to a vote. The *ew Jersey
8lan was voted down and the delegates undertoo6 to establish a national system of govt
that would have the power to act directly on the people.
#arge !tates v !mall !tates
Another issue that had to be dealt with was the issue of large v small states. Is favoring
large states a good idea or even fairI 0hat should the legislature be made ofI The
Hirginia 8lan was generally supported by the larger states. The plan called for a bicameral
+< house/ national legislature. ?epresentatives in both houses were to be determined by
population or by the ta5es paid. The people would elect the members of the lower house.
Those members of the upper house would be appointed by the lower house.
&maller states generally objected to this plan. They favored the creation of a unicameral
+single7house/ legislature with each state having e9ual representation. This idea was
defeated with many of the smaller states insisting on e9ual representation in at least ! of
the houses in a bicameral legislature. Due to this large divide of representation, the
convention was near collapse. A committee was formed to wor6 out a compromise which
eventually was called the 'onnecticut 'ompromise. The 'onnecticut 'ompromise called
for a bicameral legislature in which the number of representatives in the lower house
+House of ?epresentatives/ would be determined by population. Gn the other hand, each
state would have e9ual representation in the upper house +&enate/. This settlement
eventually satisfied both sides and ended the conflict. This was the solution that our
national form of govt e5ists under today B A 'ongress made of < houses B House of
?epresentatives and the &enate.
orth v !outh
Gther issues b2w the north v south still had to be settled that were mostly economic in
nature +shipments, commerce, industry, agriculture, slave labor, e5ports, etc./. They
argued for a clause in the 'onstitution stating that ,no ta5 or duty shall be paid on
articles e5ported from any state.. In addition, they also wanted a clause stating that
all treaties with foreign govts be approved by a <2F vote in the &enate. %oth of these
proposals were accepted by the delegates and included in the final draft of the
'onstitution.
Another issue of concern, especially with the southern states, was that of slavery. $;I B
In !)E), 'ongress acted to outlaw the importation of slaves from outside the (&.
However, it did not legislate against the slave trade w2in the (&. Another issue regarding
slavery at the convention dealt with the 9uestion of how slaves were to be counted in
determining the state-s population for the purpose of allocating seats in the House of
?epresentatives and the levying of direct ta5es.
The convention eventually agreed to adopt the ,F2= ?ule.. Thus, each slave would be
counted a F2= of a free person. It was one component of the original 'onstitution that
gave legal sanction to the e5istence of slavery. Although this may appear to be
reprehensible on its face, it may have been a benefit in disguise.
The ,F2= ?ule. was a partial victory for those opposed to slavery. &ounds strange, but
whyI Had the convention given in to the demands to have slaves counted as a whole
person for the purpose of allocating seats in the House of ?epresentatives, the political
position of the south would have been greatly strengthened. The southern states would be
able to protect and e5pand the slave system. 'an you imagine what the position of
slavery then, and over the years, would have beenI The positive result of this was that the
states w2o large slave populations had commanded a large majority in the House of
?epresentatives, and thus, chec6ed or hindered the e5pansion of slavery.
The ,F2= ?ule. still e5ists in the 'onstitution. However, it has been amended over time
and does not e5ist any more. After the 'ivil 0ar, slavery was eliminated by <
'onstitutional Amendments1
a. The !F
th
Amendment abolished slavery.
b. The !
th
Amendment repealed the ,F2= ?ule. and re9uired that representatives be
apportioned among the states on the basis of the total number of people living
in each state. Thus, one person is now counted as one person.
!electing Government $fficials
The convention was unable to agree on a national standard for voting. The issue was left
to each state to determine what parameters on who was eligible to vote. As a general rule,
whatever measures were in place to elect members to its own state legislature was the
standard to be used to elect members to the House of ?epresentatives.
$or the most part until the close of the !)
th
century +!"EEs/, only adult white males were
eligible to vote. &ome states also imposed property re9uirements for voting. *ow that
voting to elect members to the House of ?epresentatives was settled, the ne5t 9uestion
was how &enators were to be chosen.
A proposal that &enators be chosen by the people was defeated. The idea of having
&enators elected by the state legislatures emerged and was ultimately adopted.
&upporters favored this because it would directly represent the state govts in 'ongress
and would also serve as a chec6 on the popularly elected House of ?epresentatives.
Although the convention had decided there would be F branches of govt, they had
difficulty on how the 8resident +head of the e5ecutive branch/ would be chosen. There
was disagreement b2w < major factions B Gne that believed that the 8resident should be
elected by the popular vote of the people, and those that believed that the 8resident
should be chosen by 'ongress. 3ost of the delegates believed that the general population
was not wise enough to elect the 8resident. In addition, delegates from smaller states felt
that a direct election would give too much influence to the larger states. Also, especially
for its time, it would be difficult to hold a national election due to great difficulty in
traveling +?emember earlier we mentioned the horse and buggy and how spread out
people were and the long distances some would have to travel to vote/ and the limited
means of communication that was prevalent at the end of the !)
th
century +!"EEs/. This
issue wasn-t finally settled until very late in the convention. It was one of the last
important issues that the convention dealt with.
A committee recommended that an indirect system be in place for electing the 8resident B
the 4lectoral 'ollege. $or the average person, the 4lectoral 'ollege is difficult to
understand. In a nutshell, it is the name given to the group of electors chosen in each state
in the *ovember voting and who actually elects the 8resident and Hice 8resident. The
general population does not vote for the 8resident. The 4lectoral 'ollege does. However,
don-t thin6 that your vote doesn-t count. The 4lectoral 'ollege is influenced on how the
popular vote goes.
Ratification
The (& 'onstitution was signed by F> delegates on &eptember !", !")". It was
submitted to the 'ongress of the 'onfederation and the states for ratification. The
convention made an important decision when it stated that ratification was met when only
> of the !F states gave their approval. 'ould you imagine how difficult it would be to do
govt business and even private business if every matter had to be by a unanimous +all
must agree/ decisionI
The supporters of the 'onstitution were called $ederalists. *on7supporters were called
Anti7$ederalists. The Anti7$ederalists were at a disadvantage because they only could
voice their opposition to the proposed 'onstitution B they didn-t have an alternative plan.
&till, the contest was very close.
A word to the wise on a personal level B 0henever you choose to oppose something,
don-t just say you don-t li6e it. ;ou better have a viable alternative to put forward. $or the
most part, those that supported the new 'onstitution came from lesser7 populated states.
They felt that a strong central govt would ma6e them become more secure and that they
would have an e9ual say in the &enate.
Gpposition against the 'onstitution came from mostly higher populated states. They felt
that the more populous a state was, they should have more clout. However, in an indirect
way, they do. They would have more representation in the House. Age was also a factor
in people-s attitudes regarding the 'onstitution. The leading $ederalists were an average
of !E B !< years younger than most of the Anti7$ederalists.
The Demand for a %ill of Rights
A delegate from Hirginia, Aeorge 3ason, stated that the 'onstitution did not ade9uately
protect people against the power of the central govt because it lac6ed a bill of rights.
&uch a statement of individual freedoms was essential to prevent a new govt from
becoming either a monarchy or a tyrannical aristocracy. The absence of a bill of rights
was an effective argument put forth by the Anti7$ederalists. (nless the basic rights of the
people were spelled out in the 'onstitution, the national govt would ignore these rights.
As a result of this, some of the leading supporters of the new 'onstitution promised that a
bill of rights would be one of the first orders of the new 'ongress. The %ill of ?ights
+The first !E amendments to the 'onstitution/ was 9uic6ly ratified +December !=, !">!/
and soon became part of our fundamental freedoms.
The Federalist &apers
The most important arguments that the $ederalists put forward in favor of ratification
were published in a series of )= essays appearing in the *; papers and were 6nown as
,The $ederalist 8apers.. They were published by James 3adison, Ale5ander Hamilton,
and John Jay.
The authors brought forth arguments against the Articles of 'onfederation due to the
following1
a. &mall republics tended to 9uarrel amongst themselves and be dominated by larger
nations.
b. They favored a geographically large and strong central govt. It would provide the
necessary security and liberty for its citi@ens.
c. These goals can be provided through federalism, separation of powers, chec6s and
balances, national supremacy and judicial review.
d. All of these are embodied in the (& 'onstitution.
The '! Constitution
Although the delegates to the convention wanted to create a central govt with ade9uate
powers, they also wanted to restrain those powers. The ways to achieve this was by
federalism, separation of powers, chec6s and balances. The delegates also wanted to
establish a republic based upon the concept of popular sovereignty. This is the notion that
people were sovereign B that they were the ultimate legal power of a nation. This was a
novel idea at the time. However, it had great influence over time as more and more govts
throughout the world were based upon this principle.
The authors of the 'onstitution wanted to guarantee that the newly created central govt
would be supreme w2in the area of its legal authority. To accomplish this, they made the
principle of national supremacy part of the new 'onstitution.
Federalism
$ederalism is a system for organi@ing govt that is based on a geographic division of
power. In a federal system, the national govt has authority over the entire territory,
whereas a regional govt has authority only w2in its own area. (nder the (& 'onstitution,
the national govt has specific powers such as the right to regulate interstate commerce.
&tates have the power to legislate in areas that have not been delegated to the national
govt or denied them by the 'onstitution. This is 6nown as the ,reserve powers clause.
+!E
th
Amendment/. In plain 4nglish, what this means is that states are allowed to ma6e
their own laws unless these laws are already delegated to the national govt, as long as the
state laws are not prohibited by the 'onstitution. That-s why states have their own set of
laws. They can continue to ma6e laws as long as they are not unconstitutional.
!eparation of &o(ers
The 'onstitution provided for F branches of govt1
a. 45ecutive.
b. Degislative.
c. Judicial.
The reason we have F branches is to have a ,separation of powers.. This prevents any !
branch from dominating any of the other <.
Chec)s and %alances* !hared &o(ers
The 'onstitution provides for the separation of powers, but *GT necessarily the
A%&GD(T4 separation of powers. Gnce the F branches of govt were created, they also
introduced a system of chec6s and balances +controls or limits/. It is a shared power. The
main purpose of chec6s and balances is to limit the power of govt by ma6ing each branch
dependent upon the others.
Impeachment
The chec6s and balances system also provides for the removal of public officials. This
removal process is 6nown as impeachment whereby the 8resident, Hice 8resident, federal
judges and other officials can be removed from office. Actually, it is a two7step process B
impeachment and conviction1
!. The House of ?epresentatives is given the tas6 of impeachment B the power
to formally accuse a public official of wrongdoing.
<. The &enate has the power to convict and remove the accused. The impeachment
,trial. is held in the &enate chambers and presided by the 'hief Justice of the
(& &up 't.
A conviction re9uires <2F vote of the &enate. Thus, in the removal process, the power of
the House is chec6ed by that of the &enate.
Gnly < presidents have been impeached in our nation-s history1
!. Andrew Johnson 7 !)#)
<. 0illiam J. 'linton B !>>)
Although impeached by the House, the &enate could not garner the <2F vote for a
conviction on either man.
A %icameral #egislature
The framers of the 'onstitution established a bicameral +two7house/ legislature. It is
legislature composed of < separate and independent bodies. The purpose of the two7house
structure was to limit the power of both houses. 4ach house was to serve as a chec6 upon
the other. $or a bill +potential law/ to pass, it must pass by a majority in both houses
+House and &enate/.
!election of &u+lic $fficials
The 'onstitution re9uires that members of the F branches of govt be chosen in different
ways to represent different interests in society, and to serve different lengths of time.
8resident B Head of the e5ecutive branch of the federal govt, the head of state +represents
the (& Jdo not confuse with the &ecretary of &tateK/ and is commander7in7chief of the
(& armed forces. His term is years and cannot serve more than < terms.
&enator 7 ?epresents the people of an entire state. There are < &enators for every state.
!EE total. Term of service is # years with no term limits.
?epresentative B ?epresents the people of smaller districts within the state. 3ore
populated states will have more ?epresentatives. The average 'ongressional district is
appro5imately #=E,EEE people. ?emember, that-s only an average. It may sound funny,
but a state li6e 0yoming that has a sparse population has only ! member of the House of
?epresentatives. &till, they have < &enators. *ormally, ?epresentatives heavily
outnumber the &enators in almost all of the states. There are F= members of the House
of ?epresentatives. Term of service is < years with no term limits.
Recap and then some*
'ongress 7 =F= total members. F= House of ?epresentatives. !EE &enators.
The 8resident represents all of the citi@ens of the (&, heads the federal
bureaucracy, acts as the head of state, and is commander7in7chief of all of the
armed forces. ?emember, the 8resident is indirectly elected by the people and
actually elected by the 4lectoral 'ollege.
$ederal judges are appointed by the 8resident with the advice and consent of the
&enate.
Term #engths*
8resident B year term. The 8resident can serve no more than < terms.
&enators B # year term with !2F of the &enate elected every < years.
House of ?epresentatives B <7year term.
$ederal judges B &erve for life.
Age ,ualifications*
8resident B 3inimum age 7 F=
&enators B 3inimum age 7 FE
House of ?epresentatives B 3inimum age 7 <=
The staggered terms for the 8resident and members of 'ongress were designed to prevent
the govt from being ,captured. or controlled by the officials chosen in any one election
year. The nation-s founders believed that this comple5 election system would limit govt
by introducing different points of view into debates on public issues.
-udicial Revie(
This refers to the power of the courts to declare legislative and e5ecutive actions
unconstitutional. Although judicial review is not mentioned in the 'onstitution, there is
evidence that its authors intended the federal courts to have this authority. The (&
&upreme 'ourt-s power of judicial review e5tends not only to actions of the (& 'ongress
and the 8resident, but also to acts of the state govts. The federal courts have e5ercised
their judicial review over state govts on hundreds of occasions over the course of our
nation-s history. However, when it comes to issues of constitutionality, the courts are
generally reactive: not proactive. (nless the issue is brought before the court, most courts
will not comment on the issue until it is challenged.
&opular !overeignty
The word sovereignty +ultimate legal authority/ is not e5plicitly mentioned in the
'onstitution. However, it is clear that the delegates to the 'onstitutional 'onvention had
ideas on the subject. The concept was at odds with different believers. The new theory of
popular sovereignty was the belief that the people are the source of all legal authority.
The writers of the 'onstitution accepted the idea of popular sovereignty and rejected the
notion that either the state or the federal govt was the final source of legal authority.
'reated by the people, the state and federal govt could legislate and govern concurrently
over the same population in the same territory.
ational !upremacy
This important provision of the 'onstitution was originally part of the *ew Jersey 8lan
that established < major principles1
!. The (& 'onstitution and all federal laws and treaties are superior to conflicting
provisions of state constitutions and laws. This is the principle of ,national
supremacy..
<. The ,supremacy clause. ma6es it clear that the 'onstitution is enforceable as law
by judges and is not merely a statement of political or moral rules.
Constitutional Change and Development
Amending the Constitution
If it is not to become obsolete, a constitution must provide a means in which to change or
revise the original document. This is called the amendment process. The framers of the
'onstitution recogni@ed this need. However, they reali@ed that it would be dangerous in
ma6ing the amendment process too easy.
Article H +five/ of the 'onstitution establishes a two7step process for amendments1
proposal and ratification.
8roposals can be done by either of < methods1
!. <2F votes by %GTH houses of 'ongress G?
<. A national convention called by 'ongress at the re9uest of <2F of the states.
Gnly the first method has been used to date.
&imilarly, there are < methods for ratifying an amendment1
!. Approval by legislatures of L of the states G?
<. %y specially elected ratifying conventions in L of the states. This method has
been only used once for the <!
st
Amendment that repealed the !)
th

Amendment +8rohibition/.
'ongress can determine which of the < ratifying procedures must be used. It can also set
time limits for ratification by the states.
The 'onstitution has only been amended <" times.
?emember that the first !E Amendments are called the ,%ill of ?ights..
$ther .eans of Constitutional Development
The 'onstitution provides a written outline for the American political system. &ome
aspects of this system, however, are not found in the words of the 'onstitution but are
derived from e5perience and accepted practice. e.g. There is no mention in the
'onstitution of political parties or the cabinet +The cabinet has no formal legal status,
although some federal laws mention cabinet officers/. 3any 8residents appoint cabinet
members for their advice on numerous policy issues and to run particular govt agencies.
The (& &upreme 'ourt plays the major role in developing the meaning of the
'onstitution. The (& &upreme 'ourt is the only court mentioned and provided for in the
'onstitution.
The (& 'onstitution is a living instrument of govt in large part because of the role played
by the (& &upreme 'ourt as its final interpreter. The 'onstitution should be viewed as a
document that includes not just the written te5t but the whole set of customs, traditions,
practices and understandings that have developed in the more than < centuries since its
ratification in !")>. $or more than <EE years, the (& 'onstitution is the oldest written
constitution still in use throughout the world.