Nature of the nineteen amendments.
The Nineteen Amendments.—Of the nineteen amendments which have been made since the constitution went into force, the first ten were added in 1791. When the convention of 1787 finished its work and sent the document to the states for their approval there was a chorus of protest because no Bill of Rights had been included. “Where are there in this document”, the objectors cried out, “any provisions guaranteeing us free speech, trial by jury, freedom of the press, and the other securities against oppression?” The reply was that the people needed no guarantees against their own government but only against governments imposed upon them from outside. But this explanation did not satisfy, and assurance was given that if the constitution were adopted in its original form a Bill of Rights would be added. The first ten amendments represent the keeping of that pledge. The last of these amendments is of particular importance in explicitly proclaiming that all powers not given to the national government by the constitution, or prohibited to the states, are reserved to the states, respectively, and to the people.
The latest nine amendments require little comment although some are of great importance. Three of them, the thirteenth, fourteenth, and fifteenth, were needed to make permanent the results of the Civil War. One of these, the fourteenth, contains provisions, relating to the rights of citizens, which have been given a wide application and have been the cause of a great deal of litigation before the Supreme Court. Intended to protect the negro they have been used, in large measure, to secure for business corporations the equal protection of the laws. As for the negro he has gained very little from amendments which were primarily made for his benefit. The fifteenth amendment was intended to secure him the right to vote; but in many of the states it has not succeeded in doing so. The two latest amendments, namely, the eighteenth, which established national prohibition, and the nineteenth, which provides for woman suffrage, have both been ratified since the World War.
Twenty years ago it was commonly urged that the process of amending the constitution ought to be made easier. It was pointed out in those days that no amendment had been made for more than a generation. But the adoption of four amendments during the past ten years seems to indicate that when the people demand an amendment the process of getting it is not too difficult. In each of these instances there was a strong popular demand.
Why Men Honor the Constitution.—Americans have a great respect for the constitution of their country even though many of them would like to see some changes made in it. And why should they not honor it? Its reign has been long in the land. No king ever ruled his people so long or kept faith with them so well. Under it the country has waxed great and prosperous; the government which it established has become increasingly democratic in form and in spirit; it has grown strong enough to protect its citizens at home and abroad, and it has become the model upon which several other governments of the world have been patterned.
It is easy enough to pick flaws in the constitution of the United States—or in the constitution of any country for that matter—but where are the Washingtons, Madisons, and Hamiltons of today whom we would trust with the task of making a better one? During the past few years a dozen countries of the world have framed new republican constitutions,—Germany, Austria, Poland, Czecho-Slovakia, and so on. They have had the experience of an additional century to draw upon and the combined political wisdom of the world at their disposal. Is there any constitution in this list which the rank and file of the American people would prefer to their own? You can pick a line out of Shakespeare, here and there, and improve upon it. But when it comes to improving upon the whole of Shakespeare’s work,—ah, that is quite a different proposition.
General References
James Bryce, The American Commonwealth, Vol. I, pp. 15-31; 360-410 (Abridged Edition, pp. 224-284);
Charles A. Beard, American Government and Politics, 3d edition, pp. 1-77; Ibid., Readings in American Government and Politics, pp. 1-69; Ibid., History of the United States, pp. 139-161;
Everett Kimball, National Government of the United States, pp. 1-46;