Eleanor Finch
The United States Constitution, the oldest in use today, has never been rewritten. However, there have been several calls for its revision. Thomas Jefferson believed that written constitutions should have a nineteen-year expiration date before being rewritten. Legal experts estimate the lifespan of a constitution to be less than 20 years. The US Constitution has lasted 230 years, and some believe it is time for a rewrite. The Constitution provides two methods for amendments, one of which is for two-thirds of state legislatures to petition Congress for a constitutional convention. This method has never been used but has gained interest from state legislatures. While some scholars advocate for a constitutional convention, others argue that the current political climate is not conducive to it.
| Characteristics | Values |
|---|---|
| Rewrite of the US Constitution | Never done before |
| Average lifespan of a written constitution | Less than 20 years |
| US Constitution age | 230 years |
| Number of proposed amendments introduced in Congress since 1789 | 11,000+ |
| Number of amendments sent to states for ratification | 33 |
| Number of amendments ratified and enshrined in the US Constitution | 27 |
| Number of states that can call for a constitutional convention | 34 |
| Number of states that had petitioned Congress for a convention by 2011 | 17 |
| Thomas Jefferson's belief about written constitutions | Should have a 19-year expiration date |
| Sanford Levinson's belief (Professor at the University of Texas Law School) | A constitutional convention is needed for substantial reform |
| Alexander Hamilton's belief | A convention would serve as a barrier against national authority encroachments |
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What You'll Learn
The US Constitution's longevity
The longevity of the US Constitution is a topic that has sparked interest and debate, especially considering the relatively short lifespan of other constitutions worldwide. With the US Constitution being the oldest still in use today, questions arise as to why it has endured for so long without a significant rewrite.
One factor contributing to the longevity of the US Constitution is its flexibility. The framers of the Constitution provided two methods for amending it, outlined in Article V. The first method involves a member of Congress proposing an amendment, which then requires two-thirds approval in both the House and the Senate before being ratified by the states. The second method, which has never been used, allows for two-thirds of state legislatures to petition Congress for a constitutional convention to propose amendments. This flexibility allows for changes and adaptations to be made to the Constitution without the need for a complete rewrite.
Another reason for the Constitution's longevity is the political climate and the absence of a unifying figure like George Washington, who presided over the first Constitutional Convention. The highly politicized environment and polarization of modern politics make it challenging to convene a successful constitutional convention. Additionally, the complexity of organizing and leading such a convention, with many legal questions left unresolved, further hinders the process.
The US Constitution's endurance can also be attributed to the belief that it rests on fundamental principles that are timeless and universal. The idea that the Constitution is a living document, open to interpretation and amendment through judicial review, negates the need for a formal rewrite. This interpretation aligns with Thomas Jefferson's belief in generational sovereignty, where each generation has the right to develop its own constitution. However, James Madison disagreed, arguing that improvements made by previous generations form a debt owed by the living who benefit from them.
Despite calls for a wholesale revision of the Constitution, the document's longevity is a testament to its adaptability and the careful consideration of its framers. The Constitution's flexibility, the complexities of convening a constitutional convention, and the belief in generational sovereignty all contribute to its enduring nature. However, with changing times and political landscapes, the question of whether a rewrite is necessary remains a subject of ongoing debate.
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Calls for a second convention
The United States Constitution is the oldest in use today, and there have been calls for a second convention to modify and correct its perceived shortcomings. Article V of the Constitution provides two methods for amending the nation's frame of government. The first method involves Congress proposing constitutional amendments with a two-thirds majority in both the House and the Senate, which are then sent to the states for ratification. The second method, which has never been used, is for two-thirds of state legislatures (34) to petition Congress for a constitutional convention to propose amendments, which become law only after ratification by three-fourths of the states (38).
There are several arguments in favour of a second convention. Firstly, written constitutions typically have a lifespan of less than 20 years, and the current US Constitution is over 230 years old. Secondly, the political climate today is significantly different from 1787, and there is no figure like George Washington, who presided over the first convention, to guide the process. Additionally, some believe that a constitutional convention is the only way to achieve substantial reform.
However, there are also concerns about convening a second convention. There is no consensus on how such a convention would be organized, led, or who would be selected to participate. Furthermore, the current political climate is highly polarized, and it is uncertain if a convention could successfully rewrite contentious issues like the Second Amendment.
Despite these concerns, there have been sporadic calls for a second convention throughout history. As early as 1943, lawyer Alexander Hehmeyer proposed a second convention to streamline the federal government. More recently, in 2011, 17 of the required 34 states had petitioned Congress for a convention to address a balanced budget amendment. While the idea of a second convention remains controversial, it is clear that many Americans believe that the US Constitution needs to be updated to reflect the changing needs and values of the nation.
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The role of state legislatures
The United States Constitution is the oldest in the world and has never been rewritten. However, it has been amended several times. The framers of the U.S. Constitution provided two ways to amend it, outlined in Article V of the document.
State legislatures play a crucial role in this process, as they can initiate the proposal for a convention and subsequently ratify the proposed amendments. In the past, some state legislatures have not waited for official notice before acting on a proposed amendment. Once a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Office of the Federal Register (OFR) within NARA examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the OFR acknowledges receipt and maintains custody until the amendment is adopted or fails.
The OFR also assembles an information package for the states, providing them with relevant documentation and information about the proposed amendment. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR then drafts a formal proclamation for the Archivist to certify the amendment's validity, which is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
While the convention method has not been utilised, state legislatures have been active in proposing changes to the Constitution. For example, by 2011, 17 of the required 34 states had petitioned Congress for a convention to address the issue of a balanced budget amendment. Additionally, reports suggest that many state legislatures are considering resolutions calling for a constitutional convention or proposing direct changes to the Constitution.
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The Founding Fathers' intent
The Founding Fathers of the United States Constitution, in their wisdom, recognized the need for a flexible and adaptable framework of government. They understood that societies evolve and that the document they were crafting would need to endure the test of time. To achieve this, they provided not one, but two mechanisms for amending the Constitution, outlined in Article V.
The first method empowers Congress to propose amendments when a two-thirds majority in both the House and the Senate deems it necessary. This process has been utilized numerous times throughout history, resulting in the proposal of over 11,000 amendments, 33 of which have been sent to the states for ratification, and 27 ultimately enshrined in the Constitution.
The second method, which has never been invoked, is the Article V Convention or Constitutional Convention. This mechanism allows for two-thirds of state legislatures (34 out of 50) to call for a convention to propose amendments. These amendments would then require ratification by three-fourths of the states (38 states) to become law. While this option has not been exercised, it serves as a reminder of the Founding Fathers' foresight in providing multiple avenues for change.
Thomas Jefferson, one of the Founding Fathers, held a unique perspective on the matter. He believed that written constitutions should have a finite lifespan and be revised or rewritten periodically. In his view, each generation of Americans had the right to develop their own constitutions, as expressed in his famous quote, "the earth belongs... to the living." However, his idea was not shared by all, as James Madison argued against it, believing that improvements made by previous generations formed a debt that the living owed to their predecessors.
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The political climate
The US Constitution is the oldest in the world and has never been rewritten. However, it has been amended several times. The framers of the US Constitution provided two ways to amend it, outlined in Article V of the Constitution. The first method involves a member of Congress proposing an amendment, which then needs two-thirds approval in both the House and the Senate before going to the states for ratification. The second method requires two-thirds of state legislatures (34) to petition Congress for a constitutional convention. While the first method has been used several times, the second method has never been used.
On the other hand, some individuals argue that the political climate today is different from that of 1787, when the Constitution was first established. They suggest that the lack of a figure like George Washington, who put country above politics, makes a second constitutional convention risky. Additionally, the process of amending the Constitution has been initiated multiple times since 1789, indicating that changes can be made without a complete rewrite.
The current political climate in the United States is highly polarized, with strong divisions between liberal and conservative ideologies. This polarization extends to views on the US Constitution and potential rewrites. Members of both political parties have differing opinions, with some calling for a wholesale revision of the document and others expressing anxiety about the prospect. The highly politicized environment, particularly around issues like gun ownership and abortion, further complicates the discussion of constitutional reform.
While there have been sporadic calls for a second constitutional convention to modify and correct perceived shortcomings in the Federal system, the lack of consensus on how such a convention would be organized and led adds to the complexity. Additionally, the success of a constitutional convention in today's political climate is uncertain, with some scholars arguing that it would be difficult to achieve. Overall, the political climate surrounding the potential rewrite of the US Constitution is characterized by a range of viewpoints, historical considerations, and the ongoing debate between tradition and reform.
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Frequently asked questions
No, the US Constitution has never been rewritten.
Yes, there are two methods authorized by Article Five of the US Constitution for amending the US Constitution. The first method requires a two-thirds majority in both the House and the Senate to propose an amendment, which is then sent to the states for ratification. The second method requires two-thirds of state legislatures (34 of 50) to call a convention to propose amendments, which become law only after ratification by three-fourths of the states (38).
No, the second method has never been used. There is no consensus on how such a convention would be organized or led, and it has caused anxiety for members of both political parties.
There are differing opinions on this. Some constitutional scholars believe that a constitutional convention is the only hope for substantial reform and have called for a "wholesale revision of our nation's founding document". Others argue that the current political climate is too divided for a successful convention, and that the flexibility of the US Constitution negates the need for an Article V Convention.
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