Abstract

If the fundamental law, or constitution, of a nation cannot be changed by legal means, then it cannot adapt to changing circumstances; as the disparity with circumstances widens, the risk of revolution increases. But if it can be changed too easily, then the fundamental principles and institutions it establishes are at risk of being swept away by a majority momentarily enraptured with a new idea. An amendment clause permits fundamental change, courting the latter risk, but it makes that change difficult, courting the former. It aspires to capture the inconsistent virtues of stability and flexibility, protecting what the enacting generation thinks wise, but permitting future generations to think otherwise.