Omar Bennett
The US Constitution has not been amended in 50 years, and there is no prospect of reform anytime soon. Entrenched partisanship is the central barrier to constitutional reform. Amending the constitution is intentionally difficult, and in the current political climate, it is functionally impossible. However, history shows that decades-long gaps between waves of amendments are normal, and that constitutional reform is possible.
| Characteristics | Values |
|---|---|
| Difficulty in amending the constitution | Amending the constitution is very difficult and hasn't been done in 50 years |
| Political partisanship | Political partisanship is a central barrier to constitutional reform |
| Need for bipartisan support | The US's two-party system requires bipartisan support for any amendment |
| Possibility of a constitutional convention | A constitutional convention, triggered by a 2/3 majority of states, could be a pathway to reform |
| Role of thought leaders | Thought leaders play a crucial role in proposing amendments and shaping public opinion |
| Addressing constitutional issues | Amendments must address genuine constitutional issues and gain wide public support |
| Electoral College reform | Replacing the Electoral College is a potential area for constitutional change |
| Voting rights | Guaranteeing the right to vote is another important issue for potential amendment |
| Historical precedent | History shows that decades-long gaps between waves of amendments are common |
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What You'll Learn
- The US Constitution hasn't been amended since 1992 due to partisanship
- Amendments require bipartisan support, which is hard to get
- Constitutional conventions could be an alternative method
- Decades-long gaps between amendments are normal
- Amending the Constitution is necessary to guarantee the right to vote
The US Constitution hasn't been amended since 1992 due to partisanship
The US Constitution has been amended 27 times since it was drafted in 1787. The last amendment, the 27th Amendment, was passed in 1992. It was a trivial amendment, changing some technicalities regarding pay raises for congressmen. Since 1992, the US Constitution has not been amended, and this is largely due to partisanship.
The US is a two-party system, and no party ever gets a 2/3 majority at the federal level. This means that there needs to be bipartisan support for any amendment to pass. The more partisan the US becomes, the harder it is to amend the constitution, as parties are less likely to work together. Sanford Levinson, a constitutional scholar at the University of Texas at Austin, notes that the central barrier to constitutional reform is entrenched partisanship. The fear that any constitutional amendment would work against a party's interests prevents serious discussion of constitutional amendment in Congress.
The partisan polarization of American politics was exacerbated by the Civil Rights Act of 1964 and the Voting Rights Act of 1965, which led Southern Democrats who opposed racial integration to switch to the Republican Party in large numbers. This accelerated the partisan divide and made it more difficult to pass amendments, which require agreement from both parties at the national and state levels.
There is an alternate mechanism to pass amendments, called a "constitutional convention", which can be called by 2/3 of the states. However, this has never been done, and it is unlikely that 2/3 of the states would agree on anything in the current political climate.
The US Constitution is also relatively simple and relies on legislation and the states to create the bulk of the law. Most issues are not constitutional issues that require an amendment to resolve. The amendment process is very difficult and time-consuming, requiring a proposed amendment to be passed by two-thirds of both houses of Congress and then ratified by majorities in 38 state legislatures. This makes it effectively impossible in a partisan environment.
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Amendments require bipartisan support, which is hard to get
Amending the US Constitution is a challenging and time-consuming process that requires bipartisan support, which has become increasingly difficult to attain due to entrenched partisanship in American politics. The last successful amendment was the 26th Amendment, ratified before the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Since then, the nation has experienced growing partisan polarization, with Southern Democrats who opposed racial integration switching to the Republican Party, exacerbating ideological divisions.
The US political system is functionally a two-party system, and no party consistently achieves a two-thirds majority at the federal level. As a result, any constitutional amendment must gain at least some support from both major parties. However, as political issues have become more partisan and contentious, it has become increasingly challenging to secure the necessary bipartisan consensus.
The amendment process itself is deliberately designed to be difficult. A proposed amendment must first pass both houses of Congress with a two-thirds majority, a threshold that has not been met since 1978. Even if an amendment clears this hurdle, it must then be ratified by three-fourths of state legislatures, a feat that has become even more difficult in recent years.
The partisan nature of many proposed amendments further complicates the process. For example, balanced-budget proposals are typically sponsored by Republicans, while proposals to authorize limits on campaign contributions are more often sponsored by Democrats. This dynamic makes it challenging to secure the necessary supermajorities in both chambers of Congress.
While there is another avenue for reform outlined in Article V of the Constitution, which allows for a direct vote on amendments through a convention called by two-thirds of the states, this mechanism has never been successfully employed. Given the current political landscape, it appears unlikely that 38 states could agree on any amendment.
In summary, while the US Constitution has not been amended in over five decades, it is not due to a lack of proposed changes. Instead, the challenge lies in navigating the intricate amendment process and securing the bipartisan support necessary to enact meaningful reform in an increasingly polarized political environment.
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Constitutional conventions could be an alternative method
Amending the constitution is a challenging and complex process, and the last meaningful amendment was passed over 50 years ago. The central barrier to constitutional reform is entrenched partisanship, as any amendment would require bipartisan support in a highly divided political landscape.
An alternative method for amending the constitution is outlined in Article V, which provides for a constitutional convention triggered by the agreement of two-thirds of state legislatures. This method has never been used, and there are concerns about its potential effectiveness and unintended consequences. However, it could spark a national conversation about constitutional reform and provide a mechanism for states to propose amendments independently of Congress.
The convention method of amending the constitution has been the subject of much debate among scholars. Some argue that it could be a viable approach to initiating reform, especially given the challenges of achieving bipartisan support in Congress. Others caution that it may face similar challenges, as any amendment proposed through a convention would still need to be ratified by three-fourths of the states. Additionally, there are concerns about the potential for a convention to be malapportioned and the possible polarization of state-level politics.
Despite these concerns, there have been efforts to convene a constitutional convention. In 2021-2022, resolutions advocating for such an approach were introduced in several states, and legislation was introduced in Congress to aggregate state applications. These efforts have not yet succeeded, but they highlight the ongoing interest in exploring alternative methods for amending the constitution.
While the convention method presents potential challenges and uncertainties, it remains a valid option outlined in the Constitution. In a highly polarized political environment, it may offer a pathway for initiating constitutional reform and addressing modern needs. However, the success of this method would depend on careful consideration and navigation of the process by state legislators and other stakeholders.
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Decades-long gaps between amendments are normal
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 very difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50). This is challenging to achieve, especially in a partisan environment. The last successful amendment was in 1992, and since then, the US has become increasingly divided along party lines, making it even harder to reach the required thresholds for amendment.
The two-party system in the US means that no single party can achieve the required two-thirds majority at the federal level, so bipartisan support is necessary for any amendment to succeed. However, as political polarisation increases, parties are less likely to collaborate, and the fear that any amendment might disadvantage one's own party further hinders progress.
There is another way to propose amendments, outlined in Article V of the Constitution: a new convention triggered by the agreement of two-thirds of the states. This method bypasses Congress and allows a direct vote on amendments. While no constitutional convention has been successful so far, it remains a potential avenue for reform.
The lengthy gaps between amendments are not unprecedented. For instance, the 1992 amendment was the result of a process that began in 1792. While it is challenging to secure the necessary support for amendments, it is not impossible. However, the current political climate, characterised by entrenched partisanship, presents a significant obstacle to constitutional reform.
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Amending the Constitution is necessary to guarantee the right to vote
Amending the Constitution is a challenging and complex process, intentionally made difficult. The last meaningful amendment was passed 50 years ago, and the current political climate of partisanship poses a significant barrier to reform. However, amending the Constitution is necessary to guarantee the right to vote, a freedom that has been contested since the nation's founding.
The original Constitution and the Bill of Rights, enacted in the late 18th century, did not explicitly grant citizens the right to vote. Instead, it left voter eligibility to be determined by each state, often restricting voting rights to white male property owners. Over time, this interpretation was challenged, and a series of constitutional amendments were introduced to expand and protect voting rights.
The 14th Amendment, passed after the Civil War, extended citizenship and voting rights to all male citizens, regardless of race. The 15th Amendment, ratified in 1870, further solidified this by prohibiting the restriction of voting rights based on race or previous slave status. However, despite these amendments, discriminatory practices and "Jim Crow" laws in Southern states effectively prevented many African Americans from exercising their right to vote.
The 19th Amendment, ratified in 1920, extended voting rights to women, and the 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections. These amendments, along with others like the 24th Amendment's ban on poll taxes, were significant steps towards guaranteeing voting rights for a broader segment of the population.
While these amendments have expanded voting rights, challenges remain. The Supreme Court's interpretation of voting rights and its rulings on key cases have weakened the power of Congress to enforce these protections. Additionally, the failure of Congress to enact new voting legislation further underscores the need for constitutional reform.
Amending the Constitution to guarantee the right to vote is essential to ensuring that all eligible citizens can participate in elections. While it may be difficult to achieve the required bipartisan support for an amendment, it is a necessary step to protect the democratic process and ensure that the United States upholds its commitment to equal voting rights for all.
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Frequently asked questions
History says yes, but it will be difficult. Decades-long gaps between amendments are normal, and we are currently in a gap. Amending the Constitution is intentionally challenging, and bipartisan support is required. However, there are proposals for additions to the Constitution, and the next wave of amendments may be closer than we think.
Amending the Constitution requires either an Act of Congress, supported by a two-thirds majority in both houses, or a constitutional convention called by two-thirds of the states. Amendments must then be ratified by three-quarters of the states.
The most likely candidates for the next amendment wave are those involving existing constitutional features, such as the Electoral College or congressional term limits. Other possibilities include guaranteeing the right to vote, limiting campaign spending, or voting rights amendments.
The US's two-party system means that no party ever gets a two-thirds majority at the federal level, so bipartisan support is required. The country's political divisions make this challenging, and the more partisan the US becomes, the harder it is to amend the Constitution.
No, there have been periods of more frequent amendments, such as the Progressive Era in the 1910s, the Reconstruction amendments in the 1860s, and the civil rights amendments in the 1960s. However, there have also been long gaps between amendments, such as the 43-year gap between the 15th and 16th amendments from 1870 to 1913.
