Malcolm Rivera
The United States Constitution is considered the supreme law of the land, and amending it is an arduous and lengthy process. The framers of the Constitution intended for it to be difficult to amend, believing that this would create stability in the United States. The Constitution has been amended only 27 times since it was drafted in 1787, and only two of these amendments have overruled an interpretation of the Constitution by the Supreme Court. The process of amending the Constitution involves a proposed amendment being passed by two-thirds of both houses of Congress, followed by ratification by three-fourths of the states. This challenging process ensures that amendments are usually permanent and have a significant impact on the country.
| Characteristics | Values |
|---|---|
| Number of amendments since its drafting in 1787 | 27 |
| Number of amendments since the 27th Amendment in 1992 | 0 |
| Number of measures proposed to amend the Constitution from 1789 through Jan. 3, 2019 | 11,848 |
| Number of amendments passed by Congress and sent to the states | 33 |
| Number of amendments that need to override an interpretation of the Constitution by the Supreme Court | 2 |
| Number of states required to ratify a constitutional amendment | 38 |
| Percentage of states required to ratify a constitutional amendment | 75% |
| Length of the Constitution booklet | <20 pages |
| Difficulty level | Very difficult |
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What You'll Learn
The US Constitution's rigidity compared to other countries
The United States Constitution is considered one of the most rigid and difficult-to-amend constitutions globally. In the last 50 years, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but most have failed. The current political dynamics suggest that this trend is likely to continue in the near to mid-term.
The US Constitution's rigidity stands in contrast to other countries' constitutions, which have been updated more frequently. For example, a study by Louis published in the New York University Law Review found that the influence of the US Constitution may be waning, as other countries create new constitutions or update older ones. The study examined over 700 federal constitutions from nearly 200 countries and concluded that the US Constitution guarantees relatively few rights compared to other nations and contains less than half of the provisions listed in the average bill of rights.
Additionally, the US Constitution is one of the few in the world that still features the right to keep and bear arms, with only Guatemala and Mexico including this right. This indicates a potential disconnect between the US Constitution and evolving global norms and expectations.
The process of amending the US Constitution is deliberately challenging. According to Article V, an amendment must be proposed 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 state legislatures. For an amendment to become part of the Constitution, it must then be ratified by legislatures or conventions in three-fourths of the states (38 out of 50). This high bar has resulted in only 27 amendments being ratified since the Constitution was drafted in 1787, with the last amendment ratified in 1992.
In comparison, other countries have different processes for amending their constitutions, which can make it easier to implement changes. For example, the study by Louis found that many countries have adopted more centralized models of government, such as the British Westminster system, which may provide more flexibility for constitutional reform.
The rigidity of the US Constitution is a cause for concern, as it has become increasingly difficult to renovate its outdated provisions and ensure it remains relevant and responsive to the needs of a changing society.
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The lengthy and complex process of amending
The US Constitution is considered the “supreme law of the land”, and as such, the government must follow it. The Constitution can only be changed through the amendment process, which is a lengthy and complex procedure. This process is outlined in Article 5 of the Constitution and was designed to be challenging. The Framers, or the authors of the Constitution, intended for it to be an "enduring" document that could meet future challenges and crises. They believed that a long and complicated amendment process would help create stability in the United States.
The process of amending the Constitution is as follows: a proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate (or by two-thirds of state legislatures calling for a constitutional convention). Following this, three-fourths of state legislatures or special conventions must ratify the amendment. This means that 38 out of 50 states need to approve the amendment for it to become part of the Constitution. This process has only been completed 27 times since the Constitution was drafted in 1787, indicating its difficulty and complexity.
The lengthy and intricate nature of the amendment process has led to concerns about the rigidity of the Constitution. In the last half-century, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but most have failed to progress beyond the initial stages. This has prompted discussions about the sources of amendment difficulty and comparisons with other countries' constitutions.
While the amendment process is challenging, it is not impossible, and significant changes can also occur within the system of government without formal constitutional change. For example, judicial review is not mentioned in the Constitution, yet it is a significant aspect of the government's functioning. Additionally, the Supreme Court Justice can amend the meaning and interpretation of the Constitution to modernise it without altering the original text. These factors suggest that the US Constitution may be more flexible than it appears, and the interpretation of the Constitution can be influenced by changing circumstances.
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The Supreme Court's role in interpretation and modernisation
The United States Constitution was drafted to be an "enduring" document, with Chief Justice John Marshall writing in the early 1800s that it was written "to endure for ages to come". Amending the Constitution is a challenging and time-consuming process, as the framers intended. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Subsequently, three-fourths of the state legislatures or conventions must ratify the amendment for it to become part of the Constitution.
The Supreme Court plays a crucial role in interpreting and applying the Constitution, especially when legal cases involving disputes about the Constitution's meaning are brought forward. The Court's interpretations of constitutional amendments shape the legal landscape regarding individual rights and government actions. Article III of the Constitution establishes the Supreme Court and outlines the judicial branch, ensuring justices are protected from political pressure through secure tenure and salary provisions. Justices are appointed by the President and confirmed by the Senate, and they typically serve for life.
The Supreme Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction on almost any other case involving constitutional or federal law. The Certiorari Act of 1925 grants the Court discretion in deciding whether to hear a case within its appellate jurisdiction. The Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in the Marbury v. Madison case in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand.
The Supreme Court's interpretations of the Constitution have been overridden by amendments on rare occasions. Since the nation's founding, only two amendments have directly overruled Supreme Court interpretations: the 11th Amendment, which reversed Chisolm v. Georgia (1793), and the 16th Amendment, which superseded Pollock v. Farmers Loan and Trust Co. (1895). On average, the nation has amended the Constitution to override a Supreme Court interpretation roughly once every 112 years.
The Supreme Court's role in interpreting the Constitution is essential for establishing legal rules and ensuring that each branch of government respects its limits. The Court's decisions shape the understanding and application of constitutional rights and protections for individuals. While amendments to the Constitution are challenging to enact, the Supreme Court's interpretations can be influenced by societal changes and evolving judicial philosophies, allowing for some modernisation of constitutional interpretation over time.
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The impact of failed proposals on democracy
The United States Constitution is considered the "supreme law of the land", and as such, it is a document that the government must follow. Amending this document is a challenging and lengthy process, which has only been successfully navigated 27 times since 1787. The process is deliberately designed to be difficult, with the intention of ensuring stability in the country.
The difficulty in amending the Constitution has also resulted in a lack of representation for certain groups within the country. Failed proposals to amend the Constitution have often aimed to address issues of equality, inclusivity, and justice. The inability to successfully amend the Constitution to reflect modern values can create a sense of disenfranchisement among those who feel their rights are not being protected or promoted.
Furthermore, the failure of proposals to amend the Constitution can lead to a sense of political stagnation. When proposals for change are consistently rejected, it can create the perception that the political system is static and resistant to progress. This may discourage citizens from engaging in the political process, as they may feel their efforts to bring about change are futile.
Additionally, the difficulty in amending the Constitution has resulted in a reliance on judicial interpretation to modernize and adapt the document to changing circumstances. While the Supreme Court can interpret the Constitution in a flexible manner, this can also lead to inconsistencies and controversies, as different interpretations may be favored by different political factions.
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The future of the Constitution
The United States Constitution is the world's oldest codified constitution still in existence. It is considered the "supreme law of the land," and the government must follow it. The Constitution was written to "endure for ages to come," and the framers made it deliberately difficult to amend to ensure stability in the country.
Amending the US Constitution is a lengthy and complex process. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a two-thirds vote at a national convention (which has never happened). Following this, three-fourths of all states must ratify the amendment, either in their state legislatures or at a special convention. This two-step process ensures that any changes to the Constitution are carefully considered and widely supported.
The high bar for amending the Constitution has resulted in very few successful amendments. Since 1789, there have been approximately 11,848 measures proposed to amend the Constitution, with only 27 amendments ratified. The last ratified amendment was the 27th Amendment in 1992, and there have been no further amendments in the last three decades.
Despite the difficulty in amending the Constitution, proponents of change continue to pursue it. Activists and reformers have advocated for amendments to make the Constitution more equal, inclusive, and just. Supreme Court reform has also been proposed, including imposing term limits on justices and removing immunity from criminal prosecution for presidents and former presidents for official acts during their time in office.
While the amendment process is challenging, it is not impossible. The Constitution has been successfully amended 27 times, and there have been significant changes within the system of government without formal constitutional amendments. The interpretation and modernisation of the Constitution by the Supreme Court Justices also allow for flexibility in applying the document to modern times.
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Frequently asked questions
Amending the US Constitution is considered very difficult. The process is long and complicated, and it has only been amended 27 times since it was drafted in 1787. For an amendment to be approved, two-thirds of both houses of Congress must pass it, and then three-fourths of all states must ratify it.
The framers of the Constitution, the men who wrote it, wanted the amendment process to be difficult to create stability in the country. They believed that the Constitution should be an enduring document.
The authority to amend the Constitution comes from Article V of the Constitution. An amendment may be proposed 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. Once an amendment is ratified, it is considered part of the Constitution.
