Module 5 – Justice and the Constitution
Lesson 4
Constitutional Amendments: How Do We Change the Supreme Law?
Constitutional Amendments: How Do We Change the Supreme Law?
What Is a Constitutional Amendment?
A constitutional amendment is a formal, legal change to the foundational document of the United States—the Constitution.
It is the only official way to revise the supreme law of the land.
Since 1789, over 11,000 amendments have been proposed.
But only 27 have been ratified.
This high barrier is not a flaw—it was designed to ensure stability, deliberation, and national consensus.
How Does the Amendment Process Work?
The Constitution outlines two ways to propose an amendment:
1. By Congress – Two-thirds majority vote in both the House and Senate
2. By a Constitutional Convention – Called by two-thirds of the state legislatures (never used so far)
Then, one of two methods must be used to ratify it:
• Three-fourths of state legislatures must approve, or
• Three-fourths of state ratifying conventions must approve
Only when both proposal and ratification steps are completed does the amendment become part of the Constitution.
Why Is It So Difficult to Amend the Constitution?
This difficulty reflects a fundamental philosophical trade-off:
• Preserve stability vs. Enable progress
• Prevent mob rule vs. Empower popular will
• Defend minority rights vs. Honor majority demands
The result?
Many ideas with overwhelming public support—such as term limits for Congress, campaign finance reform, or the Equal Rights Amendment—never make it into law.
A system designed to protect against tyranny can also become resistant to justice.
Amendments That Changed History
While rare, amendments have reshaped the soul of the nation:
• 13th Amendment (1865) – Abolished slavery
• 14th Amendment (1868) – Guaranteed equal protection under the law
• 15th Amendment (1870) – Protected voting rights regardless of race
• 19th Amendment (1920) – Gave women the right to vote
• 26th Amendment (1971) – Lowered the voting age to 18
These victories came after enormous sacrifice, grassroots activism, and political courage.
Amendments That Failed—and Why It Matters
Not every righteous cause succeeds.
Consider these failed attempts:
• The Equal Rights Amendment (ERA) – Aimed to ensure gender equality
• Anti-flag burning amendments – Designed to protect national symbols
• Balanced budget amendment – Aimed at limiting federal spending
• Term limits for Congress
Their failure tells us something critical:
The law is not always aligned with the will of the people.
Is the Constitution a Living Document—or a Fossilized One?
Some view the Constitution as a living document, meant to evolve with changing times.
Others argue it must remain rigid to preserve core values and guard against emotion-driven decisions.
But if the amendment process becomes so difficult that it blocks meaningful change, then we must ask:
Is the Constitution still “of the people, by the people, for the people”?
Or has it become a sacred text immune to democratic renewal?
Thought Questions
• Should the amendment process be made easier?
• Does difficulty equal wisdom—or elitism?
• What role should citizens play in shaping their Constitution?
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Lesson 5 – Justice and the Bill of Rights: Are Our Freedoms Secure?