Cache American | 1938-09-08 | Page 7 | Efforts to Change United States Constitution have been Less than One per Cent Successful

Efforts to Change United States Constitution Have Been Less Than One Per Cent Successful Nation-Wide Celebration of Basic Law's 1 5 1st Anniversary Recalls Many Odd and Startling Amendments That Have Been Proposed; Devotion of the People to Charter's Sound and Liberal Principles Is Reflected in Rejection of More Than 3,500 of These Proposals. By RAYMOND PITCAIRN I 4 I HE American Con-I Con-I stitution is the most wonderful work ever ev-er struck off at a given moment mo-ment by the brain and purpose pur-pose of man . . ." "It will be the wonder and admiration of all future generations gen-erations and the model of all future constitutions ..." That's what two of history's his-tory's most famous statesmen states-men William Gladstone and William Pitt thought of America's fundamental law, whose anniversary we cele- I brate on September 17. And throughout our history successive generations of Americans have agreed with them. But, sometimes, Americans have felt that the guaranties of government by the people and of liberty for all which constitute the soul and substance of our Constitution needed further strengthening. That is why they have, on rare occasion, written Prepared by National Geographic Society, Washington, D. C WHU Service. THE Pyrenees form a barrier that political map makers could not The Constitutional Convention in Independence Hall, Philadelphia, September, 1787. (Prom the painting by J. D. Steams) new articles into the famous charter. To date, as every schoolboy school-boy knows, 21 amendments have been added to the Constitution as originally signed by George Washington, Benjamin Franklin, James Madison and others on that historic September 17 of the year 1787. 3,500 Amendments Proposed. But, as few Americans realize, more than 3,500 other amendments amend-ments have been offered in the halls of congress during the 151 years which have elapsed since the signing. All but the handful now incorporated in the document docu-ment were ignored or rejected either in congress, itself, or by the people. And, as one glances at various of the rejected articles, arti-cles, he understands why. Many odd and startling things would have happened to this nation na-tion had some of those ignored proposals been written into our Constitution. We might, for example ex-ample : Have 4,000 duly elected congressmen con-gressmen trying to crowd into the house of representatives at gress and the American people approved the few whose purpose was to make our government more sound and more free. Nevertheless many of the rejected re-jected proposals are interesting, and carry their lesson. Virtually all of them reflected some line of political thought of the day important im-portant at the time to sponsors and supporters; relegated today to the limbo of forgotten things. A great number of these dealt with the powers and organization of the legislative and executive branches of our federal government. govern-ment. As we glance at them today to-day they seem not only as old-fashioned old-fashioned as the powdered wig, but as far from practicality as the Mississippi Bubble. How many, one wonders, of the hundreds hun-dreds proposed in recent sessions of our congress will seem similarly simi-larly ridiculous to our greatgrandchildren? great-grandchildren? Would Bar Duelists. There was, for example, an early proposal to bar from membership mem-bership in congress anyone who the War Between the States. Another, An-other, similar in objective, would have created two Chief Executives, Execu-tives, one from each of the two rival sections. Citizens who find it hard to remember the names of our vice presidents would surfer added difficulties dif-ficulties had one amendment affecting af-fecting that office been adopted. This proposed three extra vice presidents. It was inspired, undoubtedly, un-doubtedly, by the observation that during many years of our history the office has been vacant va-cant after the incumbent assumed as-sumed the duties of a deceased Chief Executive. But some amendment-makers had exactly the opposite idea. They wanted to abolish the office of vice president altogether. An early legislator who held this point of view defended it with a statement still interesting to voters vot-ers who watch our national conventions con-ventions with a sophisticated eye. "The man voted for as vice president!" he warned, "will be selected without any decisive vlcm in hio nualifiratinns tn ad- from the Massachusetts state ratifying convention proposed that: "It be specifically declared that all powers not delegated by the aforesaid Constitution are reserved re-served to the several states, to be by them exercised." With the phrase, "or to the people," inserted in-serted after the word "states," this proposal became the Tenth amendment. The acquisition of new territories territo-ries and the admission of new states have also inspired many amendment-makers. Thomas Jefferson, when President, Presi-dent, was so doubtful of the constitutionality con-stitutionality of the Louisiana Purchase that he drew up a proposed pro-posed amendment to legalize the transaction. Other amendments offered , at various times could have 6'arred the acquisition of Florida, Hawaii, Alaska, and various va-rious non-contiguous lands which now prosper under the American flag. At least one proposed amendment amend-ment would have put the federal fed-eral government into land speculation specu-lation on a eiant scale, bv em- ignore. All the way from the Mediterranean and the Atlantic At-lantic their mighty ramparts notch the sky. Like a massive mas-sive Chinese wall they set apart the Iberian peninsula from the rest of Europe. Upon their crests has been sketched the boundary between be-tween France and Spain. Humid winds strike the French side, loosing their moisture to irrigate green valleys and to soften the contours con-tours of the slopes by their forces of erosion. In Spain the mountain faces are more rugged and barren. But the Pyrenees are more than a barrier. In many of the quiet glens the early Romans exploited curative baths. Now tens of thousands of visitors annually resort re-sort here to vacation in the mountains moun-tains or take the cure at the numerous numer-ous thermal spas. Thanks to the efforts ef-forts of industrious French highway autumn fair. Merry-go-rounds, bump'em and dodge'ems, catch-penny side shows, and every Coney Island Is-land attraction that young or old might wish nil the wide tree-canopied promenada. And So to Bed ' Then lights flicker in the castle windows, smoke pours from the battlements, bat-tlements, and the towers become red as flames leap higher. The castle cas-tle is "burning" in a most realistic manner. As darkness settles over the walls holiday makers pile into flivvers, buses, and donkey carts. Superbagneres is as gay In winter win-ter as it is cool in summer. On its slopes are bobsled runs, ski jumps and even a skating pond. From Gavarnie to Argeles-Gazost and the side trip to the summer holiday center cen-ter of Cauterets, the road weaves through gorges most of the way. Pau, although in the Bases (low) Pyrenees, seems on the ' plains. When the town was capital of the old province of Beam, it was scin- a principal or a second. There was one making it mandatory man-datory on congress to publish its proceedings at least once a year. Imagine having to force senators and representatives to publish their oratory in the Congressional Record. Just try to stop this costly bit of self-expression today! to-day! There was one requiring a representative rep-resentative for each -30,000 of a state's population, which in round figures would give us 4,000 representatives repre-sentatives today. There was one to give each minister the government. The office of-fice will generally be carried into the market to be exchanged for the votes of some large states for President, and the only criterion cri-terion which will be regarded as a qualification for the office of vice president will be the temporary tempo-rary influence of the candidate over the election of his state." Six-Year Presidential Term. Length of the Presidential term has been the subject of more than 200 proposed amendments. Of these, approximately 50 per cent engineers, an excellent motor road, the Route des Pyrenees, traverses the entire length of the chain. Hannibal's Land Your journey begins at Perpignan, sunrise gateway to the Pyrenees. The countryside basks in the bright sun beside the Mediterranean and is rich with vast vineyards. Hannibal, Hanni-bal, with his troops and his elephants, ele-phants, camped hereabouts after crossing the Pyrenees. Greek traders trad-ers and the Romans found it a pleasant land. Actually the Pyrenees highway starts at Cap Cerbere, so you mo- powering congress to buy potential poten-tial farm lands, improve or develop de-velop them, then sell them to citizens, cit-izens, in an effort to promote farm ownership. But of all types of proposed amendments, those dealing with the relationship of the American citizen to his government, or involving in-volving human rights, were by far the most numerous. More than three-quarters of the amendments actually ratified and added to our Constitution reflect these typically American concerns. con-cerns. The Bill of Riehts introduced timm i f W-S!WjiSS - I Have four vice presidents striving valiantly to emerge from the obscurity traditionally traditional-ly associated with that office. Be known today as "The United States of the World," instead of the more limited "United States of America." Choose our President by drawing a lucky sphere from' a covered box of small balls. Extend the privilege of voting vot-ing to all who had passed their twelfth birthday. Limit the right of feminine suffrage to spinsters and widows, wid-ows, ignoring married women. All these proposals, and many others, similarly startling, have been offered in congress during our history, as Constitutional amendments. Few, if any, of the more curious ones emerged from committee or were submitted to the people. But the interesting fact is that at some time, someone some-one felt serious enough about each of them to urge its adoption. Still more significant, however, is the fact that the American people and the great majority of their elected representatives declined de-clined thus to mutilate the famous fa-mous Constitution under whose provisions our nation has achieved greatness and our citizens citi-zens the highest standard of general gen-eral well-being in history. Individual congressmen, and state an extra senator for each million of population over the 2,000,000 mark. Based on modern census figures this would give New York at least 12 senators, Pennsylvania 9, and Illinois 7. There was one to abolish the senate altogether proposed, of course, by a member of the house of representatives. Many amendments have been offered to change the length of congressional terms. The first proposed limiting a representative's representa-tive's service to one year. Later ones called variously for three, four and six year terms in the house. Others similarly proposed shortening service in the senate. The executive department, on recent count, has been the subject sub-ject of nearly 900 proposed L - r. 6 r " PA the first 10 such amendments. So. inclusive, in fact, were their provisions, that many years elapsed before others similar in nature appeared in appreciable numbers. Then, before the War Between the States, amendments on the slavery issue appeared. By 1865 more than 500 had been offered. Shortly after that war came a flood of amendments to extend the franchise to women a movement move-ment which won eventual success suc-cess in the Nineteenth amendment amend-ment to our Constitution, ratified in 1920. People's Power Increased. This amendment, like so many earlier adopted, increased the power of the people. In interest- Pelota players in the Pyrenees use a long troughlike basket to drive their soft rubber ball back at the opponent. tor down the coast past Elne, Ar-geles-sur-Mer, and Collioure. Elne demands a sentimental pause, for it is the ancient Illiberis. Constantine changed its name to Helena in memory mem-ory of his mother. High up on Cap Cerbere the traveler trav-eler halts. You may look over into Spain, but you cannot go there. Because Be-cause of strife in the south, the frontier is closed to all traffic. You mount the narrow highway which loops, twists, and zigzags in sharp hairpin turns over the hills. From Villefranche-de-Conflent to Mont Louis, both fortified by Vau-ban, Vau-ban, fort builder for France in Louis XIV's reign, the road follows up the course of the Tet river. Beyond Olette the valley narrows into a precipitous pre-cipitous gorge, with mighty boulders forming its gateway and ramparts. Deep below, in a wild ravine, the river brawls noisily over its rocky bed. Home in the Sky Where the profound gap widens again, you catch fleeting glimpses of a village set high atop one of the rocky walls. It is more than a thousand-foot drop to the nearest bus stop, but what a front-window view the residents must have! In less than 12 miles here in the upper Tet the road spirals and mounts upward 3,000 feet, like an airplane seeking elevation. And the view that one gains approximates that from a cockpit On the downward slope toward the Ariege you pass the road spur that leads to Andorra, quaint survivor sur-vivor of the old Pyrenean republics, with its loyalties united both to France and Spain. Although bleak at its beginning, the Ariege increases in prosperity it it descends and widens. Snow-fed Snow-fed rivers fret noisily through Axles-Thermes, Axles-Thermes, but in the vicinity there are several hot sulphurous sprtngs about which the popular spa has grown. Foix really is off the Pyrenees route, but It is still deep in the hills and for centuries was the capital capi-tal stronghold for the counts who ruled the district Its venerable castle, standing boldly on a rocky hill rearing above the junction of the Ariege and the Arget Is a pleasing pleas-ing remnant, of feudalism. By good fortune you may arrive In the town on the chief day of its ing contrast, those which would have placed restrictions on the people made little progress. Proposed Pro-posed amendments to give the federal government authority over marriage or education, for example, have received scant encouragement en-couragement from the public, although al-though hopefully and persistently pesented. Protests against such tendencies have even found expression ex-pression in one amendment forbidding for-bidding the granting of additional powers to the federal government introduced in 1932. In contrast, however, to the attitude at-titude of our legislators during earlier days of the Republic, the practice of offering amendments appears to be growing at Washington. Wash-ington. More than 100 were proposed pro-posed in the Seventy-fifth congress con-gress which closed its sessions last June. But that the nation as a whole follows this trend has not been demonstrated. To date, statisticians statisti-cians estimate, the score stands roughly at one constitutional amendment ratified out of every 170 proposed. ' To all true Americans there seems sound reason for the people peo-ple thus to avoid unwarranted tinkering with their basic law. Throughout the generations of our national existence, they realize, real-ize, it has served the cause of human hu-man freedom and broadened the scope of human happiness as has no other written form of government govern-ment in all history. C Western Newspaper Union. zealots of various kinds, have been eager on many occasions to tinker with the Constitution. The people, however, have consistently consistent-ly remained steadfast to its sound and liberal principles. Of nothing can America be more proud than the fact that despite vicissitudes and temptations, tempta-tions, her citizens have thus guarded the high ideals which the Declaration of Independence proclaimed and the Constitution established. The Bill of Rights. This was evident in the first 10 amendments written into our Constitution now known collectively collec-tively as the Bill of Rights. Like the .Constitution itself their purpose pur-pose was to strengthen the political politi-cal power and guard the liberties of the people. In them were assured as-sured to all Americans our treas-' treas-' ured freedom of religion, of speech and of the press; the right to trial by jury, and protection against such forms of oppression as imprisonment without legal process, cruel and unusual punishment, pun-ishment, or unreasonable search and seizure. The 11 amendments later ratified rati-fied followed, in general, the same trend. Notable among them were those abolishing slavery and broadening the basis of citizenship cit-izenship and of suffrage. One, which many believed infringed . the individual's rights, was repealed. re-pealed. Thus, out of more than 3,500 proposals, the American con- amenomems. mure man nan oi them were concerned with methods meth-ods of election and terms of office of-fice of the President. Several of the strangest of these would have had the President Presi-dent chosen by lot. One proposed that retiring senators take turns alphabetically in drawing balls from a box. Of these balls, one was stained a distinctive color. The senator drawing the colored ball would be President for a year. To make the plan work out properly it was further proposed pro-posed to limit the senatorial term to three years, thus retiring one-third one-third of the members every 12 months. Elected by Lottery. Another "draw-the-ball" plan proposed allotting to each state as many balls as it had senators and representatives. Then each state was to nominate its candidate candi-date for President. On a certain cer-tain day all the balls, properly marked, were to be placed in a box, from which a member of congress would blindly draw one. The state whose name appeared on the ball drawn would see its favorite son installed as Chief Executive. Among the strange proposals affecting the selection of President Presi-dent were several offering a plan of alternating the office between incumbents from the North and South. These, as is apparent, represented efforts to heal the widening breach between the two sections in the dark days before JAMES MADISON "The Father of the Constitution." sought to fix the term rigidly at six years. Others proposed terms of one year, three years five years, seven- years, and even eight years. Early in our history various proposals were offered for limiting limit-ing the number of terms a President Pres-ident could serve. The majority of those which left the term at four years stipulated that no man could serve more than two terms. Many others would have limited a President to a single term. It is interesting to note that this plan had been seriously discussed while the Constitution was being drafted by the federal convention conven-tion of 1787. There have been proposals, too, which would answer, by the process proc-ess of Constitutional amendment, the burning question: "What to do with our ex-Presidents?" Some of those limiting the number num-ber of terms would have provided that at the end of his final term the President should become a member-at-large of the senate, and the vice president a member-at-large of the house both for life. Others suggested pensioning pen-sioning our ex-Presidents for the remainder of their lives. Proposed amendments affecting affect-ing relationships between the federal fed-eral government and the states have also been frequent. In fact, the first amendment ever offered tillant with court glory. Here in a room of the altered and restored castle, one can see the tortoise-shell cradle in which Henry IV slept as an infant after, says legend, his mother moth-er sang Bearnais songs at his birth and his father rubbed his lips with garlic and made him taste the local Jurancon wine. Red-White-Red As you speed along the road, ycu see slate roofs turn to red tile. Walls flash white in the sunshine and the houses take on red balconies and red shutters. Churches acquire differently dif-ferently shaped towers and every village has its fronton, or wall, against which the game pelota is played. Farmers, driving oxcarts of bracken down from the hills, wear inevitable berets. You have entered the Land of the Basques. On the road through Louhossoa, Itxassou, Cambo-les-Bains, Larres-sore, Larres-sore, and other strangely named places you journey. The young boys, had they been American, would be playing sand-lot baseball. Being Basque, they bounce balls against the village frontons. For pelota is to the Basques what baseball is to Americans. The game has several variations, some requiring a long field extending extend-ing from the fronton. A soft rubber ball is used. In the play it is caught and returned to the opponent from a single bounce or directly by means of a long troughlika basket strapped to the hand.