Isabella Carter
The US Constitution is the supreme law of the United States, and it outlines the country's governing principles, including the powers and structure of its government. However, some critics argue that the Constitution is outdated and ill-suited to modern times, with Congress at the centre of the nation's dysfunction. While the Constitution can be amended, the process is complex and requires a two-thirds majority vote in both the House and the Senate, as well as ratification by three-quarters of the states. There are also calls for an Article V Convention, which could lead to a constitutional convention to rewrite the Constitution. While this would require 34 states to call for it, there are concerns that there are no rules outlined in the Constitution for such a convention, leaving the process open to potential abuse.
| Characteristics | Values |
|---|---|
| Can the US President change the Constitution by executive order? | No |
| Can the US Congress change the Constitution by passing a new bill? | No |
| What is required to change the US Constitution? | A two-thirds majority vote in both the House and Senate, and ratification by 38 of the 50 states |
| Can the US Constitution be changed by a constitutional convention? | Yes, if two-thirds of state legislatures (34 states) call for one |
| Can the US Constitution be amended to grant presidents universal "fast track" authority? | Yes |
| Is the US Constitution outdated? | Arguably yes |
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What You'll Learn
The US Constitution is outdated
The US Constitution, for all its admirable qualities, is outdated and imposes a structure of government that is ill-suited to modern times. The founding document was crafted over 225 years ago for a simple agrarian society of just four million people, some 700,000 of whom were slaves. Of the free population, 95% were farmers. The founders, mainly concerned about avoiding the "tyranny of the majority", purposely designed a complex government that separated authority across various branches, filling it with veto points that made coherent policy action challenging.
The legislative process set out in the Constitution means gridlock is inevitable. 2013 was, in legislative terms, the most unproductive year in American history. The Every Vote Counts Amendment of 2005, which would have abolished the Electoral College, failed because the process to amend the Constitution is difficult. This left a system where a winner in vote counts can still lose. The US Constitution is also vague on the power of the judiciary, and as such, the Supreme Court has gained too much power and has become an imperial judiciary through the power of judicial review.
Congress is an ineffective policymaker because it is wired to be that way by the Constitution, whose design ensures that legislators are electorally tied to their local jurisdictions and highly responsive to special interests. Congress is not wired to solve national problems in the national interest. It is wired to allow hundreds of parochial legislators to promote their own political welfare through special-interest politics.
The US Constitution has been amended several times to make the government more modern, such as the passage of the Seventeenth Amendment allowing direct election to the Senate in 1913. Rights have also been established in America using provisions within the Constitution, such as the establishment of same-sex marriage in Obergefell v. Hodges 2015, under the Equal Protection Clause.
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The US Constitution can be amended
The US Constitution is not set in stone and can be amended. The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution is a complex and lengthy one, and it requires a super-majority to pass.
An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures (34 states). Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50).
Despite the difficulties in amending the Constitution, there have been 27 amendments to date, addressing a range of issues. For example, the 14th Amendment, passed after the Civil War, granted citizenship to all those born in the United States, regardless of race or ethnicity.
There are currently calls for another constitutional convention, with some arguing that the Constitution is outdated and ill-suited to modern times. Wealthy special interests, including wealthy donors, corporations, and radical far-right actors, are pushing for an Article V Convention to reshape the Constitution for their benefit. However, critics argue that such a convention could put everyone's rights in America at risk, as there are no rules outlined in the Constitution for an Article V Convention, and delegates could write amendments revoking cherished rights.
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The US Constitution can be changed by an executive order
The US Constitution cannot be changed by an executive order. The Constitution has a set of checks and balances to ensure that no branch of the government is more powerful than the other. The President cannot use an executive order to sidestep these checks and balances, nor can they take over powers from other branches, such as the power vested in Congress to pass new statutes or in the courts to invalidate certain laws as unconstitutional.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR publishes the joint resolution in slip law format and assembles an information package for the States. An amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50 States).
While the President can issue executive orders to the federal government to take any steps within the scope of the constitutional authority of the executive branch, they cannot override federal laws and statutes. Executive orders cannot amend or repeal parts of the Constitution.
Wealthy donors, corporations, and radical far-right actors are pushing for an Article V Convention to reshape the Constitution for their benefit. While this would require a constitutional convention called for by two-thirds of the State legislatures (34 states), there are no rules outlined in the Constitution for such a convention. This means that the group of people rewriting the Constitution could be unelected and unaccountable, and there would be nothing to limit the convention to a single issue.
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The US Constitution can be changed by a constitutional convention
The US Constitution is a powerful document that stands for enduring principles, and it can be changed or amended, but only through a specific and challenging process. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House and the Senate. This process has been utilised to propose all 27 amendments to the Constitution thus far.
However, there is another way to initiate the amendment process, and that is through a constitutional convention. This method has never been used, but it is a valid option. A constitutional convention can be called if two-thirds of the state legislatures (34 states) request one. This is outlined in Article V of the Constitution, which grants Congress the authority to amend the document.
Once a constitutional convention is called, there are no specific rules or guidelines outlined in the Constitution for how it should proceed. This lack of structure is concerning to some, as it means the group of people rewriting the Constitution may be unaccountable and unelected. They could, in theory, revoke any rights and propose amendments that would then need to be ratified.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services. Once an amendment is ratified by three-quarters of the states (38 out of 50), it becomes part of the Constitution.
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The US Constitution can be changed by Congress
The US Constitution is a foundational document that sets out the nation's fundamental laws and principles. While it is a highly stable and enduring framework, it is not entirely static or set in stone. The Constitution can be amended, and this process has been used several times in US history to make changes and clarifications to the nation's governing rules.
The process of amending the Constitution is outlined in Article V of the Constitution itself. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, where it must be approved by three-quarters of the states (38 out of 50) to become an official part of the Constitution.
This process allows for changes to be made to the Constitution, but it is deliberately designed to be challenging. Amending the Constitution requires broad consensus and support across the country, ensuring that any changes are carefully considered and widely accepted.
While Congress can propose and initiate the amendment process, it is essential to note that the President does not have a direct role in amending the Constitution. The executive branch is not involved in this process, further emphasising the checks and balances inherent in the US system of government.
The potential for a constitutional convention, as outlined in Article V, is another mechanism for proposing amendments. If two-thirds of state legislatures (34 states) call for a convention, Congress must facilitate this. However, this method has never been used to propose any of the 27 amendments to the Constitution to date. The lack of rules and potential for unelected delegates has raised concerns about the potential for a convention to be co-opted by special interests.
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Frequently asked questions
No, the president cannot change the Constitution by executive order. The Constitution can be amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. A proposed amendment becomes part of the Constitution once it is ratified by three-quarters of the States (38 out of 50 States).
Some people believe that the Constitution is outdated and ill-suited to modern times, particularly in terms of the structure of government and the power given to Congress. There are also calls for an Article V Convention to rewrite the Constitution, driven by wealthy special interests, corporations, and radical far-right actors.
