Eleanor Finch
The US Constitution, drafted in 1787, has been amended several times since its inception. However, some believe that the Constitution needs to be updated to suit the needs of the 21st century. Calls for constitutional reform have been made in academic journals, mainstream political outlets, and even in pop culture. Thomas Jefferson, in a letter to James Madison, suggested that the Constitution should be re-evaluated every 19 years to prevent it from becoming an act of force and not of right. The question of whether the Constitution needs to be updated is a complex one, and it remains to be seen whether any changes will be made.
| Characteristics | Values |
|---|---|
| Constitution is outdated | Needs to be updated for the 21st century |
| Amendments | Six amendments proposed by Congress have not been ratified by the required number of states |
| Thomas Jefferson's view | Any constitution expires after 19 years and must be renewed |
| No society can make a perpetual constitution | |
| The earth belongs to the living generation | |
| The American Constitution should lapse and become null and void in 1808 | |
| Constitutional reform | Conversations about reform are happening in academic journals, political outlets, books, pop culture, etc. |
| A constitutional convention can be called if two-thirds of the states apply for it |
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What You'll Learn
Thomas Jefferson's views on the Constitution expiring
Thomas Jefferson, one of the Founding Fathers of the United States, had strong views on the Constitution and its relevance to subsequent generations. In a letter written to James Madison from Paris, Jefferson questioned whether "one generation of men has a right to bind another". He was referring to the idea that each generation should not be bound by the debts, laws, or constitutions of previous generations.
Jefferson's views were influenced by the French Revolution, which broke out around the same time as the ratification of the U.S. Constitution. He believed that constitutions and laws naturally expire, and that they should lapse after every generation, or approximately every 19 years. This was based on the idea that the "earth belongs to the living and not to the dead", and that each generation should be free to create its own laws and not be bound by the decisions of their ancestors.
Jefferson's suggestion was that the government should work in 19-year cycles, with regular re-evaluations of the Constitution, term limits, and considerations of governmental ownership of land. This was based on the idea that by the age of 40, a person is no longer connected to the ideas of the majority voting pool, which he defined as those between the ages of 21 and 40.
Jefferson's views on the expiration of the Constitution are not widely accepted, and some consider them controversial. However, his ideas highlight the ongoing debate about the relevance and adaptability of the Constitution to changing societal needs and values.
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The Constitution's effectiveness in safeguarding liberty
The US Constitution has been amended several times since its drafting in 1787, with the first ten amendments collectively known as the Bill of Rights, which was added to limit government power and protect individual liberties. The Constitution has proven effective in safeguarding liberty through its foundational principle of separation of powers, which prevents the consolidation of state authority and protects against the abuse of power.
The Constitution's system of checks and balances ensures that each branch of government is subject to the checks of the other two, safeguarding against the encroachment of power on the liberty of the people. This system has been further strengthened by the Supreme Court's power of judicial review, which has been wielded with restraint to maintain its longevity in a democracy.
The Constitution expressly protects individual rights and liberties from government interference. For example, the First Amendment prohibits Congress from making laws that establish a religion or abridge freedom of speech, assembly, or the press. The Fourth Amendment safeguards citizens' rights against unreasonable government intrusion in their homes, requiring a warrant for searches and seizures. The Second Amendment protects the right to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in private homes without consent.
The Constitution also guarantees due process and trial by jury, ensuring the right to a speedy and public trial by an impartial jury. These protections extend to fundamental rights such as the right to marry, as recognised in the case of Obergefell v. Hodges, which established the right of same-sex couples to marry.
However, critics argue that the Supreme Court's deference to Congress and the executive has compromised the protection of civil rights, political minority groups, and aliens. The inaction of the Court is said to have allowed a flood of legislative appropriations, creating an imbalance between the states and the federal government.
Some, like Thomas Jefferson, have argued that no constitution can be perpetual, suggesting that any constitution expires and needs to be renewed after a generation, or approximately every 19 years, to avoid becoming "an act of force and not of right".
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The Supreme Court's power of judicial review
Thomas Jefferson, in a letter to James Madison, argued that any constitution expires after 19 years and must be renewed if it is not to become "an act of force and not of right". He questioned whether "one generation of men has a right to bind another", concluding that the American Constitution should lapse and become null and void in 1808. Jefferson's views reflect a belief in the principle that "the earth belongs to the living and not to the dead", suggesting that previous generations cannot bind the current generation to their debts or occupations.
The US Constitution, drafted in 1787, establishes the federal judiciary and recognises the Supreme Court as the highest court in the land. The Supreme Court's power of judicial review is essential for maintaining the balance of power between the three branches of government. It enables the Court to declare acts of the other branches unconstitutional, ensuring that each branch recognises the limits of its power.
The power of judicial review is not without its critics. Some argue that the Court's deference to Congress and the executive compromises the protection of civil rights, political minority groups, and aliens. They suggest that the Court's inaction allows a "flood of legislative appropriations", creating an imbalance between the states and the federal government.
To address these concerns, the Supreme Court has developed a system of doctrine and practice to self-limit its power of judicial review. The Court exercises control over its business by choosing which cases to consider and hears cases on appeal from lower courts. The justices of the Supreme Court typically hold office for life, and their salaries cannot be decreased during their term, protecting the independence of the judiciary from political influence.
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Calls for a new constitutional convention
The US Constitution was drafted at the Constitutional Convention in Philadelphia in 1787. Since then, there have been calls for a new constitutional convention to address various issues and propose amendments.
One notable example is the debate over the Balanced Budget Amendment (BBA), which aims to make it more difficult for lawmakers to raise taxes and impose a far-right fiscal austerity agenda. As of 2023, 27 states have submitted petitions for a balanced budget convention, with the support of wealthy special interests and extremist groups.
Another campaign is the Convention of States (COS) project, endorsed by 19 states, which seeks to limit the power and jurisdiction of the federal government. This includes abolishing the income tax and narrowing Congress's regulatory powers, which could potentially dismantle modern governance and social safety net programs.
There is significant opposition to these campaigns, particularly from progressive scholars and reformers. They argue that an Article V convention, as proposed by these campaigns, is a dangerous and uncontrollable process that could put Americans' constitutional rights at risk. The lack of rules and guidance for an Article V Convention in the Constitution itself raises concerns about the potential for unelected and unaccountable delegates to revoke cherished rights.
However, some progressive reformers, like Columbia legal scholar David Pozen, argue that a convention might offer an opportunity to rethink institutions and make them more democratic. Additionally, the potential prodding effect on Congress could be a reason to cautiously consider the Article V route.
While there are valid concerns about the risks, the ongoing debates highlight the complexities and the need for careful consideration of any proposed amendments or conventions.
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The Constitution's relevance in the 21st century
The US Constitution, drafted in 1787, has been amended several times since its creation. However, in the 21st century, some people believe that the Constitution is outdated and needs to be updated to remain relevant. This view has been expressed in academic journals, mainstream political outlets, and even in popular culture. Calls for constitutional reform have become more frequent as the nation approaches significant anniversaries, such as its semiquincentennial in 2026 and the 250th anniversary of the Constitution in 2037.
One of the main arguments for updating the Constitution is that it was created for an 18th-century society, which may not be applicable to the needs and complexities of the 21st century. The world has changed drastically since the Constitution was drafted, with technological advancements, social progress, and shifts in global power dynamics. The Constitution's principles were even questioned during the nation's Civil War, yet it survived and remained in effect.
Thomas Jefferson, one of the nation's founding fathers, wrote to James Madison about the possibility of the Constitution becoming null and void. He suggested that any constitution expires after 19 years and must be renewed to avoid becoming "an act of force and not of right." Jefferson's idea was based on the concept that each generation should not be bound by the decisions and debts of the previous one, and that the ""earth belongs to the living and not to the dead." While some interpret this as a call for a new constitution every 19 years, others see it as a suggestion for periodic re-evaluation and soft resets to allow for updates and adjustments relevant to the current generation.
The process of amending the Constitution is complex and challenging. According to Article V of the Constitution, there are two procedural pathways for revisions: either two-thirds of both houses of Congress propose amendments, or two-thirds of the states apply for a constitutional convention, after which three-quarters of the states must ratify any changes. Despite the difficulties, some believe that a return to Philadelphia to rewrite the nation's fundamental law is long overdue, while others advocate for a few amendments to modernise it.
In conclusion, while the US Constitution has served as a model for governments worldwide and safeguarded liberty for many Americans, its relevance in the 21st century is being questioned. The increasing calls for constitutional reform highlight a growing awareness that the document may need updates to address the changing needs and complexities of modern society. As the nation approaches significant anniversaries, the conversation around the Constitution's evolution is likely to continue, shaping the country's future direction and relationship with its founding document.
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Frequently asked questions
Thomas Jefferson said that the Constitution needs to be updated every 19 years.
Thomas Jefferson argued that any Constitution expires after 19 years and must be renewed if it is not to become "an act of force and not of right". He believed in the principle that "the earth belongs to the living and not to the dead", meaning that previous generations cannot bind the current generation to pay their debts or work in their occupations.
Article V of the US Constitution outlines two ways to propose amendments: two-thirds of both houses of Congress can propose amendments, or two-thirds of the states can apply for a constitutional convention.
Six amendments approved by Congress and proposed to the states have not been ratified by the required number of states. Four are still pending, while two are no longer pending as the time limit for their ratification has passed. One example is the Congressional Apportionment Amendment, which would establish a formula for determining the size and apportionment of representatives in the House of Representatives.
Amending the Constitution is a complex and challenging process. Even if a proposal gains support from two-thirds of the states, it must then be ratified by three-quarters of the states. Additionally, the political environment is constantly evolving, and there may be resistance or differing opinions on the specific changes proposed.
