Amending the Constitution serves several important purposes that differ fundamentally from simply passing laws:
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Fundamental Rights and Principles: Constitutional amendments often establish or reinforce fundamental rights and principles that are intended to be permanent. Laws can be changed or repealed through the legislative process, but amendments to the Constitution signify a deeper commitment to certain values and protections that the framers of the Constitution believed should be more resistant to change.
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Stability and Endurance: The Constitution is designed to be a stable framework for government. Amendments are typically more difficult to enact than ordinary legislation, requiring a supermajority in Congress and, in most cases, ratification by the states. This rigorous process helps ensure that only significant and widely supported changes are made to the foundational document of the government.
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Protection Against Majoritarianism: Constitutional amendments provide a way to protect minority rights against transient political majorities. Laws passed by legislative bodies can reflect the will of the majority, but amendments often require broader consensus to ensure that fundamental rights—such as those delineated in the Bill of Rights—are preserved even if they are unpopular at a given time.
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Clarity of Governance: The Constitution outlines the structure of government, its powers, and the rights of citizens. Amending it can clarify governance issues or explicitly address rights and processes that may not be adequately covered by existing laws. This helps ensure that the foundational legal framework is clear and comprehensive.
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Historical Context and Legacy: Constitutional amendments can serve a historical purpose, marking significant changes in societal values or norms. For instance, amendments like the 13th (abolition of slavery), 19th (women's suffrage), and 26th (lowering the voting age) represent pivotal shifts in American society and governance. Laws, while important, do not carry the same weight as amendments in terms of national identity and history.
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Judicial Interpretation: Constitutional amendments can shape judicial interpretation and the application of rights. The Constitution is often interpreted by courts to provide a framework within which laws are evaluated. Amendments can directly influence this process and guide judicial decisions.
In summary, while laws are important for regulating daily affairs and addressing specific issues, constitutional amendments serve as foundational changes that reflect enduring values and protect fundamental rights within the framework of governance.