POLI 2.2

Federalist 49 – Why Seldom Amend the Constitution

  • Main Idea: Amending often weakens the government's respect and stability.

    • Quote idea: Frequent changes make the government seem flawed, removing its long-term respect and stability.

  • Secondary Point: Frequent changes would imbalance government power.

    • Why?: The legislative branch (many members, close to people) would gain too much power over the executive and judiciary (fewer members, less public connection).

  • Bottom Line: Avoid frequent changes to keep government stable and balanced.

Jefferson on Amending the Constitution (Part I)

  • Core Idea: Each generation can make its own laws but cannot bind future generations.

    • Analogy: A generation is like a separate country; it can rule itself but not others.

    • Key belief: The only unchangeable things are human rights.

Jefferson on Amending the Constitution (Part II)

  • Periodic Opportunity: A constitution should allow regular updates (every 1919 or 2020 years) for the good of society, like making repairs to last longer.

  • Living Sovereignty: The present generation owns the earth and has control; the dead have no rights over it.

From Thomas Paine

  • Paine's View: The world and people's ideas constantly change. Government is for the living, so it must adapt. What works today might not work tomorrow.

Reflections on Reverence vs. Change

  • Critique of Extreme Reverence: It's wrong to treat constitutions as too sacred to change, like an "arc of the covenant." Past leaders were wise but without today's experience. Forty years of experience is better than a century of reading.

  • Practical Stance: Don't change things constantly, but laws must grow with human knowledge. Like a coat, it should fit the progress of the mind, not keep us in an old, ill-fitting one.

  • Jefferson's Conclusion: We need to respect past constitutional work but also adapt to new truths and situations.

Quick Recall

  • Tension: Balancing stability/respect with adaptability/progress.

  • Solution (Jefferson): Regular (generational) revisions to stay relevant without chaos.

  • Risk (Federalist 49): Too many changes lead to legislative power grabs and instability.

  • Guiding Idea: Constitutions are "living documents," meaning they must evolve over time.