Sources
- https://www.archives.gov/founding-docs/constitution
The National Archives provides the authoritative text of the U.S. Constitution, including the amendment process outlined in Article V, making it a primary source for understanding the constitutional framework. - https://www.senate.gov/civics/constitution_item/constitution.htm
The U.S. Senate's official website offers detailed explanations of the Constitution's amendment process, including historical context and statistics on proposed amendments, which supports the post's claims about the difficulty of amendments. - https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
Encyclopaedia Britannica provides a comprehensive overview of the U.S. Constitution, including its amendment process and historical amendments like the Bill of Rights and post-Civil War amendments, aligning with the post's historical references. - https://www.law.cornell.edu/constitution-conan/article-5
Cornell Law School's Legal Information Institute offers a detailed analysis of Article V of the Constitution, explaining the amendment process and its high thresholds, which directly supports the post's discussion on why amendments are rare. - https://www.loc.gov/exhibits/creating-the-united-states/convention-and-ratification.html
The Library of Congress provides historical documents and context about the Constitutional Convention and ratification process, including the founders' intentions, which backs up the post's claims about the founders' design for a stable yet adaptable Constitution.
Key Points
- The U.S. Constitution is difficult to amend, with only 27 amendments ratified out of nearly 11,000 proposed.
- Amending the Constitution requires a two-thirds vote in Congress or state legislatures to propose, and three-quarters of states to ratify.
- The high threshold for amendments was designed to unify the original thirteen colonies and ensure stability.
- The first ten amendments, the Bill of Rights, were passed together and include fundamental freedoms like speech and fair trial rights.
- Key amendments like the Thirteenth (abolishing slavery) and Fourteenth and Fifteenth (post-Civil War rights) passed during critical historical moments.
- Political polarization today makes it nearly impossible to achieve the broad consensus needed for new amendments.
- Lowering amendment thresholds would require its own amendment, making it an unlikely solution.
- The U.S. Supreme Court often adapts the Constitution to modern times through interpretation, though this is undemocratic as justices are unelected.
- Thomas Jefferson suggested laws should expire every 19 years to reflect the will of the living, raising questions about constitutional rigidity today.
- Current proposed amendments, like banning flag burning or term limits, face slim chances due to high ratification barriers and political division.
Summary
The U.S. Constitution is intentionally difficult to amend, requiring a two-thirds congressional vote and ratification by three-quarters of states, a high bar set by the founders to ensure stability. Only 27 amendments have passed, with the last in 1992, due to growing political polarization and the challenge of achieving broad consensus. While some propose lowering thresholds, most modern legal adaptations come from Supreme Court rulings, raising questions about democratic representation and the founders' intent for a living document.
When the U.S. Constitution was ratified in 1789, it didn’t just create a government. It also gave the people a way to change the Constitution itself. But here’s the twist: out of nearly 11,000 proposed amendments, only 27 have made it through.
So, why is it so hard to amend the Constitution? The answer lies with its creators. The founders aimed to unify thirteen colonies. They needed to ensure that any agreements made couldn’t be easily undone.
To propose an amendment, it must first have a two-thirds vote in both houses of Congress. Alternatively, two-thirds of state legislatures can request a national convention. But that’s just step one.
Next, to actually change the Constitution, the amendment must be ratified by three-quarters of the states. Each state can either vote on the amendment in its legislature or hold a separate ratification convention. This high threshold makes the Constitution quite static today.
Most democracies can pass amendments every few years. The U.S., however, hasn’t passed one since 1992. You might wonder how any amendments got through at all.
The first ten amendments, known as the Bill of Rights, were passed all at once. They include essential freedoms like speech and the right to a fair trial. These amendments resolved conflicts from the original Constitutional Convention.
Years later, the Thirteenth Amendment abolished slavery. The Fourteenth and Fifteenth Amendments followed, but only after the Civil War. Ratifying amendments has become even harder as the country has grown larger and more diverse.
The first proposed amendment, which dealt with congressional representation, was nearly ratified in the 1790s. However, as more states joined the union, the number needed for ratification increased. This left it unratified to this day.
Today, many suggested amendments exist. These include outlawing flag burning and limiting congressional terms. However, their chances of passing are slim.
Political polarization is at its highest since the Civil War. This division makes it nearly impossible to reach a broad consensus. Justice Antonin Scalia once noted that just 2% of the population could block an amendment.
Get Smarter on US News, History, and the Constitution
The simplest solution would be to lower the thresholds for proposing and ratifying amendments. But doing so would require its own amendment. Instead, most historical progress comes from the U.S. Supreme Court.
The Court expands its interpretation of existing laws to adapt to modern times. However, this is not the most democratic option since justices are unelected and serve for life.
Interestingly, the founders may have anticipated this issue. Thomas Jefferson once wrote to James Madison about laws expiring every 19 years. He believed this would help avoid the obstacles that distort the will of the people.
Jefferson felt that while the Constitution’s principles would endure, the earth belongs to the living, not to the dead. This perspective raises vital questions about how we should view constitutional amendments today.
