The Nature of an Amendment

Authored and Read by Mayasonette Lambkiss

on 12/29/2023

as a voicecast presentation of

The Institute of Universal Human Rights - HAWAII

In agriculture originally, especially in historical times, adding an amendment to soil meant to improve drainage, texture, and fertility. The Constitution of the United States is the ultimate law of the land, and since 1791 it has been amended 27 times. In a metaphorical frenzy we may even say that the land's soil needed its drainage, texture and fertility improving 27 times in 232 years, and it was done by adding amendments to do the job. The agricultural reference is also obvious in a quote from Jefferson: "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

Benjamin Franklin was asked right after the signing ceremony of the D. I. outside, before leaving the building, whether they got us a democracy or a republic. His iconic answer has especially used and quoted repeatedly in 2022 for obvious reasons since the events that appalled the nation regarding the integrity of the presidential elections for the past decade: "A republic, if you can keep it"- was Franklin's answer. In the United States Constitution every amendment was birthed and inspired by grievances the people needed internally and nationally regulated, just as the articles of the Declaration of the Independence was inspired by the grievances against the King's injustice. Therefore, it is a document that established Brittain as a foreign country, while the Amendments were necessary to address the offences suffered domestically. The most significant difference between articles and amendments is that the seven articles of the constitution are the original body of the constitution's text dealing with establishing an independent government, while the twenty-seven amendments are a document of later years regulating internal disputes and grievances need to be settled for good on a federal and indisputable manner, made legal for the sake of future peace and the protection of each and every citizen of the country.

As the constitution itself defines itself and therefore its articles purpose, let me quote the first paragraph of it: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Therefore, the constitution and its articles define the foundational working together of the elements of the government, but the amendment, also called the Bill of Rights, has a completely different purpose. It takes its own place to protect the independence of the individual states within the workings of the federal government, and the freedom of the individual citizens within those states. While the Constitution has never been subject to change and modifications, the amendments provide the place for potential expansion and additions as they become necessary throughout history. As it is clarified on the 'Support' blog pages of 'ConstitutionUS.com' in an article written by its editor Edward Savey: "In short, while we see the Bill of Rights as part of the United States Constitution due to its housing, it is its own document with a crucial place in American history. Its adoption in 1791 guaranteed many fundamental rights of the people not clarified by the Constitution itself."

But the explanation of amendments shouldn't be limited to the Constitution of the United States only, since it is a universally...