Simone Lawson
The ability to amend a constitution is important because it allows for the renovation of outdated topics and the inclusion of new topics that may have been overlooked during its initial drafting. Amendments are often necessary to address issues that may be better suited for amendment, such as regulatory challenges that are scientifically and technologically complex. For example, the United States Constitution has been amended only 27 times since 1787, and democratic reformers have proposed thousands of amendments in the last 50 years to make it more equal, inclusive, and just. However, the current dynamics of constitutional politics have thwarted coordination between national and state governments, as well as between the two national political parties, making it difficult to amend the constitution.
| Characteristics | Values |
|---|---|
| Importance of amendable constitutions | To ensure the document's longevity, the framers made it difficult to amend. |
| To keep up with modern times and make the constitution more equal, inclusive, and just. | |
| To address issues like regulation of AI, climate change, and other pressing challenges. | |
| To improve America and secure the rights of citizens. | |
| Difficulty in amending | Amendments require supermajority approvals, creating a formidable barrier. |
| The current political dynamics have thwarted coordination between national and state governments and parties. | |
| The lengthy process involves multiple readings, elections, and referendums. | |
| State constitutions are amended more frequently, with some being amended over 100 times. |
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What You'll Learn
- The US Constitution is ancient and virtually impervious to amendment
- Amendments are necessary to address outdated aspects of the Constitution regarding elections, federalism, and rights
- Amendments can help make the Constitution more equal, inclusive, and just
- Amendments can address issues with elections, federalism, and rights
- Amendments can be used to address pressing issues like regulation of AI and climate change
The US Constitution is ancient and virtually impervious to amendment
The US Constitution is one of the oldest in the world, drafted in 1787, and it has proven to be a highly challenging document to amend. In fact, it has been labelled as "ancient and virtually impervious to amendment", with a high level of constitutional rigidity. This rigidity is a cause for concern rather than celebration. The constitution was indeed designed to endure, but the founding fathers did not intend for it to be impossible to update.
The process of amending the constitution is complex and time-consuming. A proposed amendment must pass with a supermajority, a two-thirds majority in both houses of Congress, and then be ratified by three-fourths of state legislatures, or by a constitutional convention. This is a high bar to clear, and the process is further complicated by the current political dynamics, which have led to a lack of coordination between national and state governments and between the two main political parties.
In the last 50 years, democratic reformers have proposed thousands of amendments to make the constitution more equal, inclusive, and just. However, very few of these proposals have gained any traction, and the constitution has remained largely unchanged. This is despite the fact that the world has changed dramatically since 1787, and the constitution has failed to keep up with modern realities.
The constitution has been amended only 27 times since its drafting, and these amendments have often been reactive, rather than proactive. For example, the first 10 amendments, adopted as the Bill of Rights, were a reaction to the need to secure the rights of citizens. The constitution's unamendability has led to a build-up of "constitutional debt", where issues are addressed reactively and ineffectively, rather than through well-thought-out amendments.
The US Constitution's enduring nature has resulted in a document that is increasingly out of step with the modern world. While it was designed to last, the framers did not intend for it to be impossible to update, and the current state of affairs is cause for concern.
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Amendments are necessary to address outdated aspects of the Constitution regarding elections, federalism, and rights
The Constitution is a living document that has evolved over time to meet the needs of a changing society. Amendments are necessary to address outdated aspects and ensure the document remains relevant and adaptable. This is particularly important in three key areas: elections, federalism, and rights.
Elections
The Constitution's election-related provisions, which date back to Article 1, have been amended numerous times to expand voting rights and ensure fair elections. For example, the 15th Amendment granted African American men the right to vote in 1870, though many were still unable to exercise this right due to literacy tests and other barriers imposed by certain states. The 19th Amendment, ratified in 1920, extended voting rights to women, while the 24th Amendment eliminated poll taxes, which had been used to disenfranchise African Americans. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections. These amendments demonstrate how the Constitution has been amended over time to address outdated election practices and ensure a more inclusive and accessible voting process.
Federalism
Federalism, the interplay between state and federal powers, has been a dynamic aspect of the Constitution, with amendments clarifying and adjusting the balance of power between the states and the national government. The Tenth Amendment, for example, emphasizes that the national government has limited powers and that any powers not explicitly granted to it are reserved for the states or the people. This amendment has been interpreted and re-interpreted over time, with court cases giving substantive constitutional content to the amendment and shaping the relationship between federal and state powers. The concept of federalism has evolved, with the Supreme Court playing a role in recognizing national rights, such as the right to same-sex marriage, despite state sovereignty.
Rights
The Bill of Rights, comprising the first ten amendments, was ratified in 1791 and addressed concerns about protecting individual liberties. Amendments in this area have been necessary to expand and clarify rights, often in response to outdated notions or practices. For instance, the Civil Rights Acts and the Voting Rights Act of 1965 addressed racial discrimination in voting, while the Voting Accessibility for the Elderly and Handicapped Act of 1984 ensured polling place accessibility. These amendments and federal laws have built upon and strengthened the rights outlined in the Constitution, demonstrating the importance of adaptability to ensure equal rights for all.
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Amendments can help make the Constitution more equal, inclusive, and just
The ability to amend a constitution is important because it allows for the renovation of outdated sections and the removal of unjust laws. Amendments can help make the Constitution more equal, inclusive, and just.
In the United States, for example, there have been 27 amendments to the Constitution, with the first ten being ratified in 1791. The Fourteenth Amendment, ratified in 1868, was a significant step towards equality and justice. It included the Equal Protection Clause, which guaranteed that all citizens would have equal protection by law, regardless of race or colour. This clause inspired the phrase "Equal Justice Under Law" and was the basis for several Supreme Court decisions, including Brown v. Board of Education (1954), which helped dismantle racial segregation, and Obergefell v. Hodges, which legalised same-sex marriages.
The Equal Rights Amendment (ERA) is another proposed amendment that aims to guarantee equal rights regardless of sex or gender. While it has faced resistance and legal challenges, the ERA would make gender a "suspect classification," requiring cases of gender discrimination to undergo "strict scrutiny." It would also empower Congress to address systemic gender discrimination and inequality, benefiting women and girls, especially those from historically marginalised communities.
Amendments are necessary to address the length and detail of state constitutions. For instance, 19 states in the US have amended their constitutions at least 100 times. Amendments allow for the removal of outdated clauses that may have been core pillars of injustice in the past, such as the Three-Fifths Clause, the Fugitive Slave Clause, and the Equal Suffrage Clause, which were pillars of slavery in the US Constitution.
By allowing amendments, constitutions can be adapted to reflect the changing needs and values of a society, ensuring that they remain equal, inclusive, and just for all citizens.
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Amendments can address issues with elections, federalism, and rights
The US Constitution is considered to be virtually impervious to amendment. However, amendments are necessary to address issues with elections, federalism, and rights.
Amendments can help to renovate outdated election laws. For example, the 15th Amendment gave African American men the right to vote in 1870, although many states used literacy tests and other barriers to prevent them from exercising this right. The 19th Amendment, ratified in 1920, gave women the right to vote. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to keep African Americans from voting in federal elections. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
Amendments can also address issues with federalism. While state governments continue to play a central role in elections, amendments have carved out a new role for the national government in this area. For example, the Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English. The Help America Vote Act (HAVA) of 2002 authorized federal funding of elections and created the US Election Assistance Commission (EAC) to help states adopt minimum standards on voter education, registration, and ballots.
Amendments can also help to protect rights. The Civil Rights Act of 1870 and the Voting Rights Act of 1965 banned discrimination at the ballot box based on race. The 19th Amendment banned discrimination based on sex. Federal laws, such as the Voting Accessibility for the Elderly and Handicapped Act of 1984, have also helped to protect Americans' right to vote by requiring polling places to be accessible to people with disabilities.
Despite the benefits of amendments, there are several obstacles to amending the US Constitution. Firstly, supermajority approvals are required, creating a formidable labyrinth that is hard to navigate. Secondly, the current dynamics of constitutional politics have thwarted coordination between national and state governments and between the two national political parties.
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Amendments can be used to address pressing issues like regulation of AI and climate change
The ability to amend a constitution is important to ensure that it remains relevant and effective in addressing societal issues. This is particularly relevant for addressing pressing issues like the regulation of AI and climate change.
AI is increasingly being adopted by businesses and organizations, with over a quarter of businesses in the US having already integrated AI. As a result, there is a growing need for regulatory frameworks to govern the use of AI and address potential ethical concerns. While some countries, like the UAE, have published decrees and guidelines for AI regulation, other countries like the US are still working towards establishing comprehensive federal legislation. Amendments to a constitution can provide a legal framework for regulating AI, ensuring its ethical use, and addressing any negative impacts.
For example, New York City's Local Law 144 prohibits employers from using automated employment decision tools without first conducting a bias audit and making the information publicly available. Similarly, California's AB 3030 regulates the use of generative AI in healthcare, requiring disclosures when AI is used to communicate clinical information to patients. These amendments ensure transparency and accountability in the use of AI, protecting individuals' rights and freedoms.
Climate change is another critical issue that can be addressed through constitutional amendments. For instance, the US Environmental Protection Agency (EPA) has taken regulatory actions under the Clean Air Act to reduce emissions and address climate change. The EPA's actions include phasing down the production and consumption of hydrofluorocarbons (HFCs), reducing methane emissions from the oil and natural gas sector, and establishing confidentiality determinations for emissions data.
Additionally, "Green Amendments" have been proposed and passed in several US states, including Montana, Pennsylvania, and Oregon, to constitutionally protect the right to a clean and healthy environment. These amendments provide a legal mandate for governments to prioritize environmental protection and ensure that natural resources are not infringed upon.
Constitutional amendments are a powerful tool for addressing complex and evolving issues such as AI regulation and climate change. They allow societies to adapt their fundamental laws to meet new challenges and ensure the protection of civil liberties and the public interest.
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Frequently asked questions
It is important that constitutions are amendable because they need to be updated to reflect modern realities and ensure equality, inclusivity, and justice. Amendments are necessary to address outdated provisions and ensure the document remains relevant and effective in the present day.
If a constitution is not amended, it can become outdated and may no longer serve the needs of the people it governs. It may contain provisions that are no longer relevant or acceptable in modern society, and it may fail to address new issues that arise. The constitution may become rigid and unable to adapt to changing social, economic, and political conditions, hindering its effectiveness and ability to govern justly.
Amending a constitution can be a complex and time-consuming process. In the case of the United States Constitution, amendments require supermajority approvals, making it challenging to navigate. The dynamics of constitutional politics can also create obstacles, with coordination issues between national and state governments and between political parties. Additionally, some constitutions may be designed to be unamendable, or certain clauses may be temporarily unamendable, hindering the ability to make changes.
