Constitutional Aesthetics: Appending Amendments to the United States Constitution

Payandeh, Mehrdad
January 2011
BYU Journal of Public Law;2011, Vol. 25 Issue 1, p87
Academic Journal
Ever since the First Federal Congress in 1789 adopted the Bill of Rights, amendments to the United States Constitution have not been interwoven with the original text but appended to it. An examination of the historical background reveals that this decision of Congress was based on a misconception of the nature of a constitution and of constitutional rights in particular. It was furthermore motivated by the opponents of the Bill of Rights who tried to diminish the meaning and significance of the amendments. This somewhat arbitrary and misinformed decision about constitutional design had a subtle but significant influence on further constitutional developments; on the practice of making amendments, on the symbolic nature of the Constitution and the character of the Bill of Rights, and on constitutional interpretation.


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