Controversial Books | Page 573

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. 551