Both conservatives and liberals agree that the Constitution needs changes, though they differ on what those changes should be. In his farewell speech, USA President Joe Biden called for an amendment to ensure no president is above the law for crimes committed while in office. This was a response to the Supreme Court’s 2024 decision granting new presidential immunities at Donald Trump’s request during his federal prosecution.
Meanwhile, Sen. Kirsten Gillibrand tried to push Biden to certify the Equal Rights Amendment as the 28th Amendment. While it was approved by the required three-quarters of state legislatures, it missed its seven-year deadline, taking decades instead.
On the other hand, Donald Trump has vowed to challenge the 14th Amendment through an executive order to end birthright citizenship, acknowledging that it might require public approval. There are also ongoing efforts to hold the first-ever convention of states to propose amendments. Conservatives have suggested a balanced budget amendment or measures to limit federal power, while others have called for gun-related amendments.
How Is the Constitution Amended?
Amending the Constitution is a difficult process outlined in Article V. An amendment must first be proposed either by a two-thirds majority in both the House and Senate or by a convention called by two-thirds of state legislatures. Once proposed, it must be ratified by three-fourths of state legislatures or special state conventions.
This process is complex, and the specifics of a convention are unclear. Questions remain about who would participate, how many amendments could be discussed, and how voting would work. Despite the demand for change, these questions remain unresolved.
Is It Time for a New Amendment?
The last amendment, the 27th, was ratified in 1992, over 30 years ago. However, it was originally proposed in 1789 alongside the Bill of Rights. This amendment prevents lawmakers’ pay increases from taking effect until after an election. It was revived in the 1980s by a University of Texas student, Gregory Watson, after receiving a low grade on a paper about it. His persistence paid off, proving the amendment process can take unexpected paths.
The last entirely new amendment was ratified in 1971, lowering the voting age to 18, largely due to the Vietnam War. Currently, 28 states have called for a convention to propose amendments, while some states, like California, are withdrawing their past calls to avoid unexpected outcomes under recent political shifts.
Amending the Constitution Happens in Waves
The 33-year gap since the last amendment is the third longest in U.S. history. The longest was the 60+ years between the early founding amendments and the Reconstruction Era, which expanded rights for African Americans after the Civil War. The Progressive Era saw major changes such as granting women the right to vote, introducing the income tax, and electing senators directly. However, it also brought a temporary ban on alcohol during Prohibition.
In the modern era, Americans have abolished poll taxes, adjusted presidential succession rules, set term limits for presidents, changed the voting age, and overturned Prohibition. History shows that while amendments may seem slow or unlikely, determined efforts like those of Gregory Watson can succeed against the odds.
