Amending the Constitution

The Framers who wrote the U.S. Constitution were well aware that they could not foresee all the events, emergencies, and changes that would inevitably confront the government of the United States. As a result, they deliberately created a Constitution that would be flexible and adaptable. Many of the provisions in the Constitution, such as Congress's power to regulate commerce between the states, are deliberately broad, even vague, in order to allow legislators some latitude to adapt these powers to changing times and needs. Americans still debate the extent and the limits of Congress's power to regulate commerce, just as they debate many other provisions of the Constitution.

The main way that the Framers created a Constitution that could be adapted to changing times was to provide for that Constitution to be amended. Amending the U.S. Constitution is not easy, nor is it meant to be. James Madison and the other Framers wanted the Constitution to be changed only in rare circumstances, and only when there was overwhelming support for doing so. To amend the Constitution, the proposed amendment must first be approved by a two-thirds majority in both houses of Congress, then submitted to the states. Three-quarters of the state legislatures (today 38 out of 50) must then ratify the amendment in order for it to be added to the Constitution. (Alternately, two-thirds of the states can request that a Constitutional convention be called to amend the Constitution, and proposed amendments can be ratified by Constitutional conventions in three-quarters of the states, instead of the by the state legislatures.)