When the U.S. Constitution was ratified in 1789, it didn’t just set up a government run by the people; it also included a way for the people to change the Constitution. However, since then, nearly 11,000 amendments have been proposed, but only 27 have been successfully added by 2016. So, why is it so tough to change the Constitution?
The difficulty in amending the Constitution is by design. The founders wanted to unite thirteen different colonies and needed to ensure that their agreements couldn’t be easily overturned. To propose an amendment, it must first get a two-thirds vote in both houses of Congress or be requested by two-thirds of state legislatures to call a national convention. But that’s just the beginning. To actually change the Constitution, the proposed amendment must be approved by three-quarters of all states. Each state can either have its legislature vote on it or hold a special convention where delegates elected by voters decide.
Because of these high hurdles, the American Constitution doesn’t change often. While many other democracies pass amendments every few years, the U.S. hasn’t passed one since 1992. You might wonder how any amendments have been passed at all. The first ten amendments, known as the Bill of Rights, were passed together to resolve disagreements from the original Constitutional Convention. They include some of America’s most famous freedoms, like freedom of speech and the right to a fair trial.
Later on, the Thirteenth Amendment, which ended slavery, along with the Fourteenth and Fifteenth Amendments, were passed after a brutal civil war. As the country grew larger and more diverse, ratifying amendments became even harder. For example, the first proposed amendment, which was about how to assign congressional representatives, almost passed in the 1790s. But as more states joined the union, the number needed to reach the three-quarter mark increased, leaving it unratified even today.
Today, there are many proposed amendments, like banning flag burning, limiting congressional terms, or even repealing the Second Amendment. While some of these ideas have strong support, they are unlikely to pass. Americans today are more politically divided than at any time since the Civil War, making it nearly impossible to reach a broad agreement.
Interestingly, the late Supreme Court Justice Antonin Scalia pointed out that because of America’s representative system, as little as 2% of the total population could block an amendment. Some suggest making it easier to amend the Constitution by lowering the thresholds for proposal and ratification, but that would require an amendment itself. Instead, much progress has come from the U.S. Supreme Court, which has broadened its interpretation of existing constitutional laws to address modern issues.
Since Supreme Court justices are unelected and serve for life once appointed, this method isn’t the most democratic. Interestingly, the founders might have anticipated this problem. In a letter to James Madison, Thomas Jefferson suggested that laws should expire every 19 years rather than needing to be changed or repealed, as every political process is full of obstacles that distort the people’s will. While he believed the Constitution’s fundamental principles would last, he emphasized that the Earth belongs to the living, not to the dead.
Engage in a classroom debate about whether the current process for amending the U.S. Constitution is too difficult. Consider the pros and cons of making it easier or harder to amend. Use historical examples and current proposed amendments to support your arguments.
Work in small groups to draft your own amendment to the U.S. Constitution. Consider current issues that you believe need addressing. Present your proposal to the class and explain why it should be adopted, detailing the process it would need to go through to become part of the Constitution.
Choose one of the 27 amendments that have been successfully added to the Constitution. Research its historical context, the challenges it faced during ratification, and its impact on American society. Present your findings in a multimedia presentation.
Investigate a Supreme Court decision that has significantly impacted the interpretation of the Constitution. Discuss how the decision has influenced modern American life and whether it reflects a change that might otherwise require a constitutional amendment.
Compare the U.S. amendment process with that of another country. Analyze how the differences in processes reflect each country’s values and political systems. Discuss whether the U.S. could benefit from adopting aspects of another country’s approach.
When it was ratified in 1789, the U.S. Constitution didn’t just establish a government by the people; it also provided a mechanism for the people to amend the Constitution itself. However, of the nearly 11,000 amendments proposed in the centuries since, only 27 have been successfully ratified as of 2016. So, what makes the Constitution so difficult to change?
In short, it’s the design put forth by its creators. The founders aimed to unify thirteen different colonies, which required assurance that their agreements couldn’t be easily undone. They established that for an amendment to be proposed, it must receive a two-thirds vote of approval in both houses of Congress or a request from two-thirds of state legislatures to call a national convention. This is just the first step. To actually amend the Constitution, the proposal must be ratified by three-quarters of all states. Each state can either have its legislature vote on the amendment or hold a separate ratification convention with delegates elected by voters.
The result of these high thresholds is that, today, the American Constitution is quite static. Most other democracies pass amendments every few years, while the U.S. has not passed one since 1992. You may wonder how any amendments have managed to pass at all. The first ten amendments, known as the Bill of Rights, include some of America’s most well-known freedoms, such as freedom of speech and the right to a fair trial. These were passed all at once to resolve conflicts from the original Constitutional Convention.
Years later, the Thirteenth Amendment, which abolished slavery, along with the Fourteenth and Fifteenth Amendments, were passed only after a bloody civil war. Ratifying amendments has also become harder as the country has grown larger and more diverse. The first proposed amendment, a formula for assigning congressional representatives, was close to ratification in the 1790s. However, as more states joined the union, the number needed to reach the three-quarter mark increased, leaving it unratified to this day.
Today, there are many suggested amendments, including proposals to outlaw flag burning, limit congressional terms, or even repeal the Second Amendment. While many of these ideas enjoy strong support, their likelihood of passing remains slim. Americans today are more politically polarized than at any time since the Civil War, making it nearly impossible to reach a broad consensus.
Interestingly, the late Supreme Court Justice Antonin Scalia once noted that due to America’s representative system of government, it could take as little as 2% of the total population to block an amendment. The simplest solution might be to make the Constitution easier to amend by lowering the thresholds required for proposal and ratification, but that would require its own amendment. Instead, historical progress has largely come from the U.S. Supreme Court, which has expanded its interpretation of existing constitutional laws to adapt to contemporary issues.
Considering that Supreme Court justices are unelected and serve for life once appointed, this approach is far from the most democratic option. Interestingly, the founders themselves may have anticipated this challenge. In a letter to James Madison, Thomas Jefferson suggested that laws should expire every 19 years rather than needing to be changed or repealed, as every political process is fraught with obstacles that distort the will of the people. While he believed that the fundamental principles of the Constitution would endure, he emphasized that the Earth belongs to the living, not to the dead.
Amendments – Changes or additions made to a legal or statutory document, particularly the Constitution of a country, to address new issues or correct oversights. – The Bill of Rights consists of the first ten amendments to the United States Constitution, guaranteeing fundamental liberties to citizens.
Constitution – A system of fundamental principles or established precedents according to which a state or other organization is governed. – The United States Constitution was drafted in 1787 and has since been the supreme law of the land.
Founders – The individuals who played a significant role in establishing a country, organization, or institution, particularly those who drafted the Constitution of the United States. – The Founders of the United States, such as George Washington and Thomas Jefferson, laid the groundwork for the nation’s democratic principles.
Democracy – A system of government in which power is vested in the people, who rule either directly or through freely elected representatives. – In a democracy, citizens have the right to vote and participate in decision-making processes that affect their lives.
Rights – Legal, social, or ethical principles of freedom or entitlement; the fundamental normative rules about what is allowed of people or owed to people. – The civil rights movement of the 1960s sought to secure equal rights for African Americans in the United States.
Slavery – A system in which individuals are owned by others, deprived of personal freedom, and compelled to perform labor or services. – The abolition of slavery in the United States was achieved with the ratification of the 13th Amendment in 1865.
Congress – The national legislative body of a country, particularly the United States, consisting of the Senate and the House of Representatives. – Congress passed the Civil Rights Act of 1964, which outlawed discrimination based on race, color, religion, sex, or national origin.
Ratification – The official way to confirm something, usually by vote, often used in the context of approving treaties or constitutional amendments. – The ratification of the Constitution required the approval of nine out of the thirteen original states.
Challenges – Obstacles or difficulties that need to be overcome, often in the context of governance, policy-making, or social issues. – One of the major challenges facing modern democracies is ensuring fair and transparent elections.
Supreme Court – The highest judicial court in a country or state, which has the ultimate authority to interpret the constitution and adjudicate legal disputes. – The Supreme Court’s decision in Brown v. Board of Education was a landmark ruling that declared racial segregation in public schools unconstitutional.
