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 or 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.