The Historical Development of the

American Constitution

badsha_law@ciu.edu.bd
The American Constitution as originally framed by the
Philadelphia Convention was a very brief one and consisted
of Preamble and seven Articles. However, the Constitution
has been growing during more than 180 years. Lord Bruce
rightly points out that “the American Constitution has
necessarily changed as the nation has changed, in the spirit
with which men regard it and, therefore, in its own spirit.”
Professor Beard also refers to the growth of the American
Constitution in these words: “It is a printed document
explained by judicial decisions, precedents and practices
and illuminated by understanding and aspiration. In short,
the real Constitution is a living body of general
prescriptions carried into effect by living persons.”
The American Constitution has been developed by
following ways:
By Legislature
The American Constitution has developed in many ways. It
has been developed by the laws passed by the Congress
and the State Legislatures. The Constitution as originally
drafted was merely a skeleton and the details were left to
be filled in by the Congress and the State Legislatures.
The Constitution merely refers to a Supreme Court of
America but the details were left to the Congress. Likewise,
the creation of the other Federal Courts was also left to the
Congress. The result was that the Judicial Act of 1789
passed by the Congress laid the foundations of the judicial
system of the U.S.A. on permanent bortings.
The organization of the various departments of the
Government is also regulated by the laws passed by the
Congress. In 1946 the Presidential Succession Act was
passed with a view to regulate succession to the
Presidency.
Presidential Action
The American Constitution has also been developed by
the executive. Presidents like Washington, Jackson,
Lincoln and Roosevelt have influenced the Constitution
in many ways.
The Constitution does not provide for any Cabinet of
the President but it was created by Washington and
the same has grown in course of time. As a result of
the use of the powers given to the President, the
President has become the leader in the field of
legislation, although such a role was not assigned to
him by the Constitution.
According to the Constitution, the Congress alone can
declare war but on many occasions American
Presidents have sent American force to various parts of
the world (without any authority from the Congress) to
wage war or to be in a position to wage it.
Court Decisions
The Supreme Court of America has also played an important
part in the growth of the Constitution. This has been done by
giving different interpretations to the Articles of the
Constitution. It is rightly pointed out that to give a phrase a
new interpretation is to give it a new meaning and to give it a
new meaning is to change it. It is in this way that the Supreme
Court has added to the Constitution and, no wonder, it has
been described by President Wilson as “continuous
constitutional Convention.”
It is the Supreme Court which added to the powers of the
Congress by enunciating the doctrine of implied powers. It has
propounded the doctrine of inherent powers and sanctity of
contracts. It is the Supreme Court that has given the President
full power in the matter of dismissal. Liberal interpretations
have been put on the terms ‘commerce’, ‘armed forces’,
communications’, ‘transport’, etc.
According to Chief Justice Hugh, “We are under the
Constitution but the Constitution is what the Judges say it is.”
Conventions
The Constitution has also been developed by
means of convention. Those conventions deal
with the election of the President, growth of
the cabinet, growth of the party system, re-
election of the President, senatorial courtesy,
etc.
According to Dr. Beard, “The most complete
revolution in our political system has not been
brought about by amendments or by statutes,
but by the customs of the political parties in
operating the machinery of the Government.”
Constitutional Amendments
The Constitution has grown as a result of the constitutional
amendments which have taken place from time to time.
Up to 1992 there have been only 27 amendments. The first
ten amendments took place in 1791. The other
amendments were made from time to time. As the
amending process is a very tedious one, the Constitution
has not grown much by this process.
Customs
Customs have made the Constitution flexible and have
added to the powers of the national Government.
For example, the President's Cabinet developed from the
words in the second Article that permit the chief executive
to “require the opinion, in writing, of the principal Officer
in each of the executive departments, upon any subject
relating to the duties of their respective offices.....”
The most recent amendment to the Constitution,
Amendment (27) XXVII, which deals with congressional pay
raises, was proposed in 1789 and ratified in 1992.
State and Party Actions
The Constitution provides for a general method of electing
a President. It does not mention political parties. But State
laws and political party practices have changed the
constitutional system of voting into the exciting campaigns
and elections that take place today.
The Constitution has continued to develop in response to
the demands of an evergrowing society through all these
methods. Yet the spirit and wording of the Constitution
have remained constant. People of each generation have
applied its provisions to their own problems in ways that
seem reasonable to them.
The British statesman William P. Gladstone described the
Constitution as “the most wonderful work ever struck off at
a given time by the brain and purpose of man.” In a world
of change and struggle, the American people have no more
precious possession than this great document.