part 7
Changing the Constitution—
Together with an Explanation of
the Amendments Added Since 1791
points to remember
1. The Constitution may be changed formally by amendment, but it
also changes as a result of custom, practice, and judicial decisions.
2. Not all constitutional change has the same impact on the distribution
of power. Some changes are supplementary in nature and merely refine
or clarify a particular provision of the Constitution, while other changes
are revisionary and truly alter the basic design of the system.
3. The difficulty of the amendment process assures evolutionary
change; the extraordinary or ‘‘super majority’’ requirement assures
democratic change that protects the States and sectional interests; the
amendment procedure strengthens federalism by giving the States the
final say as to whether an amendment should pass or fail. Ironically,
most amendments added since 1791 have reduced the power of the
States. One of the most far-reaching constitutional changes effected
without a clearly authorizing amendment has been the nationalization
of the Bill of Rights through the Doctrine of Incorporation.
4. The amendment process recognizes the sovereign right of the American people and the States to change their Constitution or even their form
of government. A large share of the amendments that have been introduced over the years have sought to constitutionalize mere legislation
and are otherwise inappropriate. There are many inherent limitations to
the amendment power.
T
hough its flow is continuous, the Mississippi River has often changed direction. Its main channel of movement has shifted at times.
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