TITLE

Constitutional Aesthetics: Appending Amendments to the United States Constitution

AUTHOR(S)
Payandeh, Mehrdad
PUB. DATE
January 2011
SOURCE
BYU Journal of Public Law;2011, Vol. 25 Issue 1, p87
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
60388328

 

Related Articles

  • Raise a Glass: The Bill of Rights Was About Food Freedom. Linnekin, Baylen // Hit & Run;9/1/2014, p46 

    In the article, the author examines the purpose of the Bill of Rights, which was approved by the U.S. Congress on September 25, 1789. He claims that the Bill of Rights, which were drafted by then-Congressman James Madison, were aimed at achieving food freedom. He also cites a brief history of...

  • Fourth Amendment Rights.  // Supreme Court Debates;Nov98, Vol. 1 Issue 4, p97 

    Focuses on the U.S. Fourth Amendment rights concerning constitutional protection from unreasonable searches. Exceptions to the rule of unreasonable searches; Principle of reasonableness applied by the U.S. Supreme Court in Fourth Amendment cases.

  • Ten Original Amendments: The Bill of Rights.  // World Almanac & Book of Facts;2008, p502 

    An almanac entry of the ten original Constitutional amendments generally called the Bill of Rights in the U.S., is presented. Influential in framing these amendments was the Declaration of Rights of Virginia, written by George Mason, a Virginia delegate to the Constitutional Convention. The ten...

  • OUR BILL OF RIGHTS.  // America;12/13/1941, Vol. 66 Issue 10, p267 

    The author reflects on the significance of the Bill of Rights in time of war in the U.S. The rights that were ratified and became part of the Constitution on December 15, 1791 were presented. According to the author, the people who will heed to the invitation to dedicate themselves to the...

  • THE ORIGINAL PLAIN MEANING OF THE RIGHT TO BEAR ARMS. Junger, Peter D. // Case Western Reserve Law Review;Fall2012, Vol. 63 Issue 1, p141 

    An essay is presented on Second Amendment to the U.S. Constitution. It offers information on the Second Amendment which is the part of the U.S. Bill of Rights which protects the right of the people to keep and bear arms for their own protection. The author analyzes the U.S. Constitution and the...

  • 5 Things to Know About the Constitution.  // Scholastic News -- Edition 5/6;9/17/2012, Vol. 81 Issue 3, p4 

    The article discusses things to know about the U.S. Constitution. The creation of the Constitution took a lengthy, difficult process, and many of the country's founders helped create it. Important parts were later added to the Constitution, including the first 10 amendments, called the Bill of...

  • Chewing on the First Amendment. Kuchar, Frank // Ellis County Press;7/31/2014, Vol. 23 Issue 17, p3 

    The article discusses the Bill of Rights of the First Amendments to the U.S. Constitution.

  • The indivisibility of liberty under the Bill of Rights. Epstein, Richard A. // Harvard Journal of Law & Public Policy;Winter92, Vol. 15 Issue 1, p35 

    Discusses the indivisibility of liberty under the Bill of Rights. Author's views on fundamental freedoms; Right to property; Right to liberty; Religious liberties; Freedom of speech.

  • The role of institutional factors in protecting individual liberties. Merrill, Thomas W. // Harvard Journal of Law & Public Policy;Winter92, Vol. 15 Issue 1, p84 

    Discusses the effectiveness of the Bill of Rights in protecting individual freedoms. Role of institutional factors in protecting individual freedoms; System of private property rights; Government divided by federalism or by separation of powers, or both; Independent judiciary enforcing a bill...

Share

Read the Article

Other Topics