The Constitution: Limiting Governmental Power

Change in the Constitution

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The purpose of a constitution is to govern government- to place limits on governmental power. Government itself must not be able to alter or amend a constitution easily. Yet the U.S. Constitution has changed over time, sometimes by formal amendment and other times by judicial interpretation, presidenial and congressional action, and general custom and practice.

A constitutional amendment must first be proposed, and then it must be ratified. The Constitution allows two methods of proposing a constitutional amendment: (1) by passage in the House and the Senate with a two-thirds vote, or (2) by passage in a national convention called by Congress in response to petitions by two-thirds of the state lagislatures. Congress then chooses the method of ratification, which can be either (1) by vote in the legislatures of three-fourths of the states, or (2) by vote in conventions called for that purpose in three-fourths of the states.
Some of the greatest changes in the Constitution have come about not by formal amendment but by interpretations of the document by courts, Congresses, and presidents. Through judicial review, the U.S. Supreme Court has come to play the major role in interpreting the meaning of the Constitution. This power is itself largely an interpretation of the Constitution because it is not specifically mentioned in the document.
Congress and the president have also undertaken to interpret the Constitution. Nearly every president has argued that the phrase "executive Power" in Article II includes more than the specific powers mentioned afterward. Congress by law has tried to restrict the president's power as Commander-in-Chief of the Armed Forces by requiring the president to notify Congress when U.S. troops are sent to "situations when imminent involvement in hostilities is clearly indicated" and limiting their stay to sixty days unless COngress authorizes an extension.
The Constitution changes over time as a result of generally accepted customs and practice. It is interesting to note that the Constitution never mentions political parties. But soon after Thomas Jefferson resigned as President Washington's first secretary of state the Virginian attracted the support of Anti-Federalists, who believed the national government was too strong. When Washington retired from office, most Federalists supported John Adams as his successor. But many Anti-Federalists ran for posts as presidental electors, promising to be "Jefferson's men." Adams won the presidential election of 1796, but the Anti-Federalists organized themselves into a political party, the Democratic-Republicans, to oppose Adams in the election of 1800.

Curtousy of Politics in America by Thomas R. Dye