Amend Article V: Make the American People a Check on all Three Branches of Government

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Article V of the Constitution, which outlines the amendment process, is contributing significantly to political polarization and impeding our ability to resolve issues democratically. Its stringent requirements make it nearly impossible to enact necessary changes, forcing Americans to live under an outdated framework that doesn’t address contemporary challenges. A constitution should be more difficult to change than passing a law, but it shouldn’t be so rigid that it cannot be changed when most needed. This rigidity leads to corruption, as politicians wield excessive power, often prioritizing their interests over the will of the people. Many states and other democratic countries have more flexible amendment processes, allowing their constitutions to evolve with societal needs. If the American People could reasonable change the constitution, they effectively become a check all three branches of government, which is critical in case other checks and balances fail. Adopting a more accessible amendment procedure will enable the U.S. to adapt more effectively, ensuring a government that truly reflects and responds to the needs of its citizens.

The Amendment

SECTION 1

Proposing Constitutional Amendments:

An amendment to this Constitution may be proposed by any of the following means:

  • By citizen initiative, wherein a proposed amendment garners signatures from no less than five percent of the total number of votes cast in the most recent Presidential election. Upon reaching this threshold, the proposed amendment shall be submitted to a national referendum.
  • By a supermajority of Congress, defined as a 60% affirmative vote in both the House of Representatives and the Senate.
  • By unanimous consent of the Supreme Court.
SECTION 2

Ratification of Proposed Amendments

A proposed amendment shall be ratified and incorporated into this Constitution upon approval by one of the following methods:

  • Approval by a simple majority (50%) of the electorate in a national referendum, followed by a majority vote of both Houses of Congress.
  • Approval by a 60% majority of the electorate in a national referendum.
  • Approval by a simple majority (50%) of the electorate in a national referendum, followed by the President’s signature.
  • Approval by a simple majority (50%) of the electorate in a national referendum, in conjunction with majority ratification by more than half of the state legislatures.
SECTION 3

Periodic Constitutional Review Commission

Every twenty-five years, an elected Constitutional Review Commission shall convene, with the purpose of recommending amendments. Congress must debate and vote on these recommendations within one year.

SECTION 4

Transparency

All proposed amendments shall be subject to a period of public hearings and debates, conducted openly and accessible to the public, prior to being submitted to a national referendum. Congress shall ensure that educational campaigns are implemented to inform citizens about the proposed amendments and their implications.

SECTION 5

Implementation and Scope

This Amendment shall take effect immediately upon ratification and shall apply to any amendments proposed thereafter, without altering the ratification of previous amendments.

SECTION 6

All provisions of the Constitution or of the laws of the United States which are inconsistent with this amendment are hereby repealed.

Common Questions

Why is amending Article V itself the most important amendment to pass?

Amending Article V is crucial because it currently makes changing the Constitution nearly impossible, limiting essential reforms. With Article V’s high barriers, it’s challenging to pass vital amendments, even for laws the majority supports. Major issues like term limits, abolishing the Electoral College, or reforming the Senate and Supreme Court are unlikely to happen if Article V remains unchanged. Making Article V easier to amend would empower citizens to address pressing issues and modernize the Constitution to reflect today’s values and needs.

Why is the Constitution so difficult to amend, what problems has that created in the past, and what problems could it create in the future?

The Founding Fathers made the Constitution hard to amend to unite the 13 colonies, overcoming deep divisions after the failures of the Articles of Confederation, which had left the nation too weak and decentralized. This innovative Constitution created a stronger federal government while protecting states’ rights, but its rigidity soon became a double-edged sword.

Its unyielding amendment process has made change nearly impossible, leading to severe consequences. The Civil War, for instance, might have been avoided if Americans could have amended the Constitution to end slavery peacefully. Instead, pressure built up, like steam in a volcano, until it erupted in a devastating conflict. Post-Civil War, Jim Crow laws and struggles for civil rights persisted for a century because it was so difficult to make changes for equal rights. This rigidity continues to foster polarization today, trapping the U.S. in outdated systems that don’t reflect modern values.

In flexible democracies, constitutions release pressure gradually by evolving with the people’s needs. The American Constitution, however, risks explosive discord, just as it did before the Civil War, by making even crucial amendments so hard to achieve.

What are the main reasons to amending Article V of the Constitution?
  • An easier-to-amend constitution makes the American People a real check on all three branches of government.
  • An easier-to-amend constitution is more flexible to fast changing issues and shifts in society.
  • An easier-to-amend constitution reduces corruption because their is less incentive for special interests to pour time and money into politicians if the American People can amend the Constitution and change it..
  • An easier-to-amend constitution reduces polarization and populism because issues get resolved faster and more democratically.
How does changing Article V to be easier to amend make the American People a 4th check and balance?

By making the Constitution easier to amend, the American people can directly address government actions that may overstep or undermine democratic principles, especially if two or more branches work together unchecked. This gives citizens the power to correct course by proposing amendments that reflect current needs, effectively acting as an additional check on government power. If existing checks and balances fail, a more flexible amendment process ensures that the will of the people can hold all branches accountable and adapt to prevent abuses.

Why is the Constitution’s age seen as a problem for modern governance?

Drafted over 230 years ago, the Constitution predates current technologies, global interconnectedness, and issues like data privacy. Without easier paths to amend, the nation relies on interpretations of outdated provisions to address modern realities, often creating inconsistencies or policy gaps on issues that demand updated legal guidance.

How can amendments to the U.S. Constitution currently be proposed and ratified?

To amend the U.S. Constitution, Congress must propose an amendment with a two-thirds vote in both the House and Senate. Afterward, three-fourths of state legislatures (38 states) must ratify it. This multi-step process is rigorous to ensure that only amendments with widespread, bipartisan support are adopted, preserving stability but also making necessary updates difficult to achieve.

Why is the U.S. Constitution considered difficult to amend?

The U.S. Constitution is among the world’s hardest to amend, with a two-thirds requirement in Congress and three-fourths in state legislatures. While this process upholds stability, it makes meaningful updates nearly impossible, limiting the government’s ability to adapt to modern challenges or align with evolving public sentiment.

What issues arise from a hard-to-amend constitution?

A rigid amendment process hampers the nation’s ability to respond to new challenges, from digital security to climate change. Essential reforms are delayed, and reliance shifts to judicial interpretations rather than democratic processes, making it difficult to address urgent concerns in governance, rights, and the economy.

How do other democracies handle constitutional amendments?

Most other democracies have more accessible amendment processes, often with simpler voting thresholds or provisions for citizen-initiated proposals. This ease allows the public to hold the government accountable and propose necessary changes when representatives fall short of the people’s will, maintaining both flexibility and responsiveness in governance.

What historical perspectives exist on amending the Constitution?

Founders like Thomas Jefferson argued that constitutions should “expire” every 19 years to stay relevant. He believed that societies change and that constitutions should evolve to meet new challenges. His perspective highlights the importance of flexibility, a principle many modern democracies have incorporated to ensure lasting relevance and fairness in governance.

How does the difficulty of amendments affect checks and balances?

Amendments serve as essential checks on government power, ensuring no branch oversteps its authority. With a challenging amendment process, the concept of checks and balances is prone to failure. For example, when a President nominates Supreme Court Justices who do what the President demands, the Supreme Court is no longer a proper check on the Executive Branch. If checks weaken, political parties can consolidate power undemocratically, leaving citizens with few recourses for correction.

Does the difficulty of amending the Constitution lead to political polarization?

Yes, high amendment thresholds necessitate near-unanimous agreement, which is difficult in a polarized political environment. Consequently, significant reforms stall, creating frustration among citizens and leaders and contributing to divisions that are harder to bridge as unresolved issues persist over decades.

How does Article V contribute to judicial overreach?

Since amending the Constitution is difficult, the judiciary, especially the Supreme Court, often steps in to interpret provisions in light of contemporary issues. This role, while necessary, raises concerns of “judicial activism,” where courts make decisions that resemble policy-making rather than strict legal interpretation.

What role does Article V play in perpetuating inequitable representation?

Due to the difficulty of amending provisions like the Electoral College and equal state Senate representation, disparities in voter influence persist. Small states wield disproportionate power, while populous states remain underrepresented, conflicting with the democratic principle of equal representation.

Can social inequities be addressed with the current amendment process?

The inflexibility of the amendment process leaves outdated provisions related to voting rights and criminal justice unaddressed, making it difficult to adapt the Constitution to eliminate social inequities. This often results in the perpetuation of systemic disparities and missed opportunities for progress.

Why is Article V problematic for economic policy?

Economic-related provisions, including tax policy or trade, are slow to adapt to modern economic realities. This rigidity hinders the government’s ability to respond effectively to economic challenges, innovate in financial regulation, or create policies aligned with the complexities of a 21st-century economy.

How does the Constitution’s rigidity affect human rights protections?

Emerging issues like data privacy, healthcare access, and anti-discrimination protections require constitutional grounding, but the amendment process often stalls these reforms. Vulnerable groups are left without adequate protections that could otherwise be addressed through timely amendments.

What are the consequences of an inflexible Constitution for technology policy?

With rapid technological advancements, laws are needed to govern areas like cybersecurity, digital privacy, and artificial intelligence. However, the Constitution’s amendment process is too slow to address these fast-paced changes, leaving gaps that impact national security and citizen rights.

How does Article V impact U.S. immigration policy?

Due to amendment difficulties, it is challenging to update or create flexible, humane immigration policies that adapt to the changing landscape of migration and global interconnectedness. This inflexibility leaves immigration law outdated and less responsive to humanitarian and economic needs.

Why is the U.S. less adaptable to global challenges due to Article V?

The Constitution’s amendment challenges limit the country’s ability to adjust to international standards in areas like climate policy, economic trade, and human rights. This can weaken the U.S.’s global standing, as laws cannot be adapted quickly enough to meet international obligations and standards.

Does Article V impact the U.S.’s response to economic crises?

Yes, outdated economic provisions can hinder prompt responses to financial crises, delaying necessary policies. During crises, flexibility is critical for implementing market adaptations and policies that foster economic resilience and stability, but Article V’s rigidity complicates these urgent adjustments.

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