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Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

Though the loose union of the American States made spectacular achievements under the Articles Notes
like the winning of war of independence, several inherent weaknesses were also felt. Thus, the
eminent leaders thought in terms of revising them if the existing union was to be made ‘perfect’
and ‘indestructible’. In not much time, opinion in favour of having a strong and perfect union of
the American States gathered weight. The Annapolis Convention of Sept., 1786 attended by the
delegates of five States resolved to call a convention of all the 13 States to revise the Articles “so as
to render them adequate to the exigencies of government and the preservation of the union. Thus
came into being Philadelphia Convention of May, 1787 having delegations appointed by all States
except Rhode Island. In all 74 delegates were appointed, though 55 attended and, finally, 39
placed their signatures to testify the adoption of the Constitution.
The Philadelphia Convention met on 25 May, 1787 with a mind to suitably revise the Articles of
th
the Confederation. Discussions, however, took a turn as some of the delegates submitted their
own plans to provide a radical cure to the ills of the Confederation. The first constitutional scheme
prepared under the leadership of Madison had submitted to Governor Randolph of Virginia
(called the Virginia Plan) proposed a national executive, a national judiciary and a bicameral
legislature with a lower house chosen directly by the people and the second one consisting of
persons nominated by the State legislatures. The proposed national government was to have vast
powers. Naturally it was opposed by the delegates coming from small States. William Paterson of
New Jersey thus put his own design (called the New Jersey Plan) emphasising, in the main,
unicameral legislature giving equal voice to all States, though Congress could have enlarged
powers. Two other plans (one submitted by Pinckney of Connecticut and the other by Hamilton of
New York) leaned more towards centralisation.
The way was thus cleared for the adoption of a new Constitution drafted by the Committee of
Style under the chairmanship of Governor Morris of Pennsylvania on Sept. 15, 1787. One hurdle
still remained and that was its ratification by the apprehended States. Three great campaigners
(Iamilton, Madison and Jay) wrote a series of 85 articles under the fake name of ‘Publicus’ to
persuade the leaders of the States that were later published as The Federalist Papers. The mission of
the great leaders triumphed and the necessary work of ratification was completed with a unanimous
vote in 3 and with a division in favour in 10 other States. Thus, the new constitution came into
force on March 4, 1789.
Growth of the Constitution: The American Constitution has a distinguished record of its own
growth that may be described as its incessant as well as organic development towards a successful
democratic political system. However, when we compare the growth of the American Constitution
with that of the British, the difference lies in the fact that while the latter is not a make but a
growth, the former is both a make and a growth. Beginning from its grand inauguration in 1789,
it has remained in a continuous process of growth and expansion. In many ways, the Constitution
has grown and developed even beyond the expectations and plans of the Founding Fathers. Thus,
the American Constitution, like every other Constitution of the world, is “not a static but a dynamic,
a Darwinian not a Newtonian affair.
If the American Constitution is no more than the ‘sap centre’ of a system of government vastly
larger than the stock from which it has branched, following important factors have played their
part in this regard:
1. Constitutional Amendments: The Constitution provides a process of amending its provisions.
This channel has been employed as a result of which twenty seven amendments have taken
place so far. Any provision of the Constitution is amendable by the joint action of the Congress
and the State legislatures. However, what makes it very rigid is the provision of special majority
by which a proposal in the form of a bill must be passed by the Congress and State legislatures.
It is true that the process of constitutional amendment is too rigid, difficult, even cumbersome,
it has so far yielded result twenty seven times. These amendments have changed the shape of
the original document to a considerable extent. For instance, the First Ten Amendments lay
down the fundamental rights of the citizens. The thirteenth amendment abolishes the system of
slavery. The seventeenth amendment provides for direct election of the Senators. The twenty
second amendment debars a person to seek Presidential election for a third term. Thus, various

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