Simone Lawson
The Constitution is a document that was written to 'endure for ages to come'. Amending it is a difficult and time-consuming process. Since it was drafted in 1787, it has been amended only 27 times. The process requires a proposed amendment to be passed by two-thirds of both houses of Congress and then ratified by three-quarters of the states. This strictness has been criticised for making it too difficult to enact amendments and for being biased in favour of the federal government. However, the difficulty of amending the Constitution is intentional, as amendments should be reserved for ideas that have a major impact on or secure the rights of citizens. In recent times, there have been calls for a Constitutional Convention to amend how amendments are made to the Constitution, as the current process may not be suitable for addressing modern realities.
| Characteristics | Values |
|---|---|
| Difficulty of amending the constitution | The process of amending the constitution is very difficult and time-consuming. |
| Frequency of amendments | The U.S. Constitution has been amended only 27 times since 1787, including the Bill of Rights. |
| Thomas Jefferson's view | Thomas Jefferson believed the Constitution should be amended at regular intervals, allowing each generation to have the opportunity to update it every 19-20 years. |
| James Madison's view | Madison rejected Jefferson's idea, arguing that volatility of the laws could result in instability and a lack of confidence in public councils. |
| Role of Congress | Congress proposes amendments with a two-thirds majority vote in both the House and the Senate. |
| Role of the President | The President does not have a constitutional role in the amendment process and is not required to sign or approve the resolution. However, they may express their opinion and attempt to persuade Congress. |
| Role of State Legislatures | State legislatures can apply pressure on Congress by calling for a national convention to propose a desired amendment. |
| Role of the Supreme Court | The Supreme Court's decisions can effectively modify the Constitution. |
| Civic education | Legal scholars have proposed increasing civic education as a means to address issues with the amendment process. |
| Political fixes | Some argue that political fixes do not belong in the Constitution, with Prohibition cited as an example. |
| Constitutional Convention | Legal scholars have called for a limited Constitutional Convention to amend Article V and change the process of amending the Constitution. |
| Constitutional debt | The failure to update the Constitution for modern realities has resulted in a substantial amount of "constitutional debt". |
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What You'll Learn
To reflect modern realities and avoid constitutional disorder
The United States Constitution was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. However, the framers made it difficult to amend, and it has only been amended 27 times since 1787. This has resulted in a “constitutional debt”, where issues are addressed in ways that are not suited for amendment, leading to anti-constitutional actions that undermine the political order.
For instance, the Constitution was meant to empower the people, but many feel that it limits their authority. This could lead to constitutional disorder, which must be avoided. To prevent this, the Constitution should be amended to reflect modern realities.
A Constitutional Convention could be a solution, as it would allow for substantial amendments to be made to address significant changes in social, economic, and political conditions. This has happened in the past, such as after the Civil War when the Reconstruction Amendments updated the Constitution to expand the political community and afford greater legal protections.
Additionally, the Supreme Court has effectively modified the Constitution through its decisions, and Congress has the power to enact laws that expand the Constitution to respond to unforeseen future events. However, these methods may not be sufficient to address the need for more significant changes that reflect modern realities and prevent constitutional disorder.
Amending the Constitution is a complex and time-consuming process, requiring a two-thirds majority vote in both the House and the Senate, followed by ratification by three-fourths of the states. Despite the challenges, it is important to explore ways to amend the Constitution and ensure it remains relevant and responsive to the needs of the people.
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To empower the people and protect their rights
The Constitution should be amended to empower the people and protect their rights. The US Constitution was written "to endure for ages to come", but the framers also made it amendable, albeit a difficult task, to ensure it could be improved and adapted over time.
Amendments have been used to empower people and protect their rights in several ways. For example, the first ten amendments, known as the Bill of Rights, were added to limit government power and protect individual liberties. These include the right to free speech and freedom of religion, as well as the right to bear arms. The Sixth Amendment provides additional protections for those accused of crimes, such as the right to a public trial and to an impartial jury. The Eighth Amendment prohibits cruel and unusual punishment, while the Ninth Amendment states that the lack of mention of a specific right in the Constitution does not mean that people do not possess that right.
Amendments have also been used to address issues of equality and representation. For instance, amendments have been made to give women the right to vote, abolish poll taxes, and lower the minimum voting age, thus empowering more citizens and ensuring their voices are heard.
Furthermore, amendments can be used to clarify and define the powers of the federal government and the states. The Tenth Amendment, for example, was added to limit the federal government's powers and protect states' rights. This has been used in cases such as Cooper v. Aaron to prevent school segregation and United States v. Alfonso D. Lopez, Jr. to limit the federal government's authority to enact certain policies.
By amending the Constitution, the rights of citizens can be secured and their liberties protected. It ensures that the government's powers are checked and balanced, and that the people's voices are heard in the governance of their nation.
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To ensure the document is not frozen in stone
The United States Constitution was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the document, and it has only been amended 27 times since 1787. This difficulty was evident when supporters of congressional term limits and a balanced budget amendment were unsuccessful in their efforts to make changes.
Thomas Jefferson believed that the Constitution should be amended at regular intervals, suggesting that "each generation" should have the opportunity to update it every "nineteen or twenty years". However, James Madison, the "father of the Constitution", disagreed, arguing that volatile laws could lead to instability and a lack of confidence in the government.
The process of amending the Constitution is indeed challenging and time-consuming. A proposed amendment must pass with a two-thirds majority in both houses of Congress and then be ratified by three-fourths of the state legislatures. This two-step process is designed to prevent rash changes and ensure that any amendments have a significant impact on the nation and its citizens.
Despite the formal amendment process, the Constitution is not set in stone. The Supreme Court has effectively modified the Constitution through its decisions, and Congress has the power to enact laws that expand the Constitution to address unforeseen events. These alternative methods of changing the Constitution demonstrate its adaptability and ensure that it remains a living document.
Legal scholars have called for a limited constitutional convention to amend how amendments are made. They argue that the current process contributes to "constitutional debt", where issues are addressed inadequately or not at all due to the difficulty of amending the Constitution. A convention would allow for substantial amendments to align with significant social, economic, and political changes.
In conclusion, while the Constitution is challenging to amend, it is not static. Alternative processes for modifying it exist, and proposals for a constitutional convention reflect a recognition that the current amendment process may not be adequate for addressing modern realities.
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To address political fixes that do not belong in the Constitution
The United States Constitution was written to endure for ages to come, and the framers made it difficult to amend the document to ensure its longevity. However, this difficulty has resulted in a frozen Constitution that is nearly impossible to alter, leading to a build-up of pressure to amend it.
The Constitution has been amended only 27 times since 1787, and the process is intentionally challenging. Amendments can 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. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states.
While the framers anticipated that the Constitution would need amendments, they also wanted to prevent frivolous or haphazard changes. Thomas Jefferson believed the Constitution should be amended at regular intervals, suggesting that "each generation" should have the opportunity to update it every 19 to 20 years. However, James Madison rejected this idea, arguing that volatile laws could lead to unstable governance.
Despite the rarity of amendments, some argue that the Constitution has been amended indirectly through constitutional debt. This refers to quick fixes that address issues better suited for formal amendments. For example, Congress may delegate too much legislative power to agencies, and presidential administrations may rely on executive orders to fill legislative gaps. Additionally, the Supreme Court's interpretations of the Constitution can effectively amend it without following the formal amendment process.
To address these concerns, legal scholars have called for a limited constitutional convention to amend how amendments are made. This would involve amending Article V, which sets out the primary paths for amending the Constitution. By making the process more accessible, the Constitution can better adapt to substantial and unanticipated changes in social, economic, and political conditions.
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To allow each generation to revise the constitution
Thomas Jefferson believed that the Constitution should be amended at regular intervals. In a famous letter, he recommended that the Constitution should be revised by each generation, ideally every nineteen or twenty years. This would allow the Constitution to be handed down with "periodical repairs" from one generation to the next. However, James Madison, the "father of the Constitution", disagreed with Jefferson's idea of a new constitution every 20 years. In Federalist 62, Madison denounced volatile laws, stating that an unstable government leads to a lack of confidence in public councils, which in turn hampers useful undertakings.
The United States Constitution was written to endure for ages to come, as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document difficult. As a result, the Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. The amendment process is not only challenging but also time-consuming. A proposed amendment must be passed by a two-thirds supermajority vote in both houses of Congress and then ratified by the legislatures of three-fourths of the states.
Despite the rarity of amendments, there have been instances where the Constitution has been updated without undergoing the formal amendment process. The Supreme Court, through its decisions, has effectively modified the Constitution. Additionally, the framers granted Congress the power to enact laws that expand the Constitution as needed to address unforeseen future events. This was acknowledged by Chief Justice John Marshall in the 1819 Supreme Court case of McCulloch v. Maryland, where he affirmed the Constitution's adaptability to various crises of human affairs.
In recent times, there have been calls for a Constitutional Convention to address the growing constitutional debt. This term refers to the accumulation of poor attempts to address issues that are better suited for amendment, resulting from state and federal actors expanding their powers beyond constitutional limits. A Constitutional Convention would focus on amending the process of how the Constitution is amended, allowing for revisions that align with substantial and unanticipated changes in social, economic, and political conditions. While some scholars advocate for a limited Constitutional Convention, others propose alternative solutions, such as increasing civic education, safeguarding access to polls, and supporting local news.
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Frequently asked questions
The process of amending the Constitution is very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
Amending the Constitution is important to ensure that it reflects modern realities and remains relevant to the people it serves. Amendments can address issues such as expanding political community, providing greater legal protections, and increasing government accountability.
The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted in 1791 as the Bill of Rights. Amendments have come in waves, with periods of frequent changes followed by long periods of stagnation.
