Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-08-03
REV. ELI BALDWIN
(From tho Banner of tl,s Constitutions
EXTDtCT

Inc Government OF the United States has now be N
W operation, under the presen, Constitution near
o..y TWO Year: and although in theory Of the
perfect institutions that has been formed by the
wcom OF man. IL is found in practice TO be defective
IN some most important particulars One of these il il
our present object 10 point OUT and as all
nected with the perfection OF system involve the con-
sheraton Of i's durability, we earne sy invite the at
tenton Of all who desire to the Union pc peiuaed
to the remarks about 10 Offer.
AZ the time Of the organiza ion of the different ndi-
viduai State GovernneEts, Il became question vhe-
ther or no the Constitution of each should contain with
In is body provision for its alteration. BY come i,
was thought that if great facilities were afforded or
amendments, there would be constant tendency TO
instability; and that great danger might he incurred 10
ne liberties Of The peols in periods of high po
zeal excitement should be selected for the change.
BY others thought that in the incipient stag.
OF an experiment. it would not he wise 10 render
mcndmen ts too difficult 10 be arrived al and thst there
was to apprehend any ri.k from leaving the
cor TO reform as widely open possi'le. The re-
suit was, that me Saes decided in and some
IN The oher. Pennsylvania for example, made no
provision for an alteration ofhsr Constitution, so that
none can he effected but by the people, resolving en-
selves INTO the Original elements of society," and electing
memb ers 10 Convention. In some other States the
Legislature was invested with the power of calling a
at the solicitation Of The people, whils; in
others the power of altering the Cons tuition WAS de-
posted with the Legislature seif.
In framing the Constitution Of the United Sta.es.
me same diversity OF views presented themselves and
The result was thst an article agreed upon which,
whilst II provided for possible mendne ns avoided the
extreme OF rendering them too easy e Accomplishment
by that instrument il was declared as follows:
ARTICLE V. The Congress, whenever two-thirds
oil both Houses, tha deem il necessary, shah propose
amendments to hi, Constitution: or, the application Of
the Legislature otwo-tbrJ OF the several States sha
cal Convention tor proposing amendments, which,
10 either case, sha DO valid t. all ntenti and purpo
az part OF this Constitution, when ratified by the Iees-
atures OF three ourhs OF the several States or by Con-
yenons in three-ioufths thereof az the one or the
other mode ~ -::Gcadon may be proposed hy the Con
gress provided, that no amendment which maP 10
MADE prior TO the year thousand eight hundred
ana eight, shall IN ary manner Affect Tho first and
fourth clauses in the fn,h section Of the hsi articles
and that no SAFE wi bout is n shall be deprived
oflts equal suffrage 10 the Senate"
From this language Of the Constitutions would ap-
pear tbat two modes are provided for its amendment;
one IN which two thirds OF both Houses of Congress
shall propose the alterations by making tho first move
men;; the other n which the Legs latures of two thirds
OF the States shall solicit Congress TO call Convention
nc trst appears 10 be intended the mode of
pshing any single specific alterations; the second as the
houe OF arriving at any new-modelling Of the whole
system; aud when these two were provided ly
the trainers Of the Instrument, thew very probably
thought that all had been done which human wisdom
could devise to render the system perfect and durable
never entered into their minds that any mode of al
teTlng the Constitution would could ever he ATTEMPT
ed except those prescribed by them; and in this faith
was sent iorh on the nth September 1881 and subse
quently ratified by the requisite number Of States.
Previous, however, to its going into operation. some
sGspcions arose, as 10 the possible mode in which IN,
Constitution might lie altered in ef,ct without resorns
TO the forms prescribed. " thought there was
possibility That under the 18th clause Of Sect g. Art 7
Congress might usurp powers not intended 10 he confer
red upon them. The bare declaration in that clause tina
Congress should have power "to make all laws which
shall be necessary and proper for carrying into execu
lion the foregoing powers and all other powers vesie
by this Constitution In The Government Of the Unite
states, or In any department officer thereof" whor
any Limitation, was thought to afford too great latitude