Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Will we ever amend the Constitution again?

The First and Fifth amendments to the Constitution
zimmytws/iStock via Getty Images

LaRue writes at Structure Matters. He is former deputy director of the Eisenhower Institute and of the American Society of International Law.

Amending the Constitution is increasingly necessary, whether to replace the Electoral College or to guarantee the right to vote. But the usual question – “It’s too difficult, so why bother?” – is being overtaken. Now we ask, “Will we ever amend the Constitution again?”

History provides both hope and a firm “Yes.” Two facts matter: Decades-long gaps between waves of amendments are the norm, and – late in these gaps – thought leaders and attentive citizens deem it impossible to amend the Constitution. Both conditions apply today, much as they did in the years before 1913, when an amendment wave began.


Before parsing the onset of the Progressive Era’s four amendments, let’s look at the timing for the amendment waves and gaps throughout U.S. history. Most amendments have clustered in decade-long waves, followed by gaps of four or more decades without any amendments or only more random ones. Along with the Progressive Era’s wave in the 1910s, there were the three Reconstruction amendments in the 1860s, and four civil rights amendments in the 1960s. (Careful observers will note that these waves can extend a year or two into the next decade; e.g., the 26th Amendment lowering the voting age to 18 was ratified in 1971.)

There are occasional random or “patch” amendments between these waves. But they have been either extraordinary (repealing Prohibition or limiting presidents to two terms after FDR served four) or minor and technical (shifting Inauguration Day or tweaking how congressional pay raises are implemented). They have occurred independently of the cyclical waxing and waning of the civic energy required of amendment politics.

Going back to the period before the Progressive Era, the gap between the 15th and 16th amendments lasted 43 years (1870 to 1913). It was marked by the rise of the highly divisive Gilded Age, which peaked toward the gap’s end. At its zenith, thought leaders like award-winning historian Herman Ames, Princeton scholar Woodrow Wilson, and the editorial board of The Washington Post were declaring the Constitution “ unamendable.”

Just over a decade later they were resoundingly proved wrong. The problems of unbridled capitalism and corrupt ascension to the Senate via state legislatures were rampant. They became so bad that a federal income tax (the 16th Amendment) and direct elections of Senators (17th Amendment) were added to the Constitution in the same year. The Progressive Era wave ended in 1920, when the 19th Amendment granted women the right to vote. The succeeding gap until the first civil rights era amendment was ratified in 1961 was another four decades.

We are now more than five decades past the prior wave’s last amendment in 1971. While this gap is longer than those between the three prior waves, it is still shorter than the 74-year gap between ratification of the Bill of Rights in 1791 and the onset of the Reconstruction Era amendments in 1865 (yes, there were two patch amendments early in the gap).

The key takeaway from this “gap analysis” is that before each amendment wave, political divisions sharpened and were often destructive. As each gap lengthened, elections or legislation alone could not address the rising social and political conflicts. The results? Civil war, extreme income inequality and labor exploitation, and stark racial, gender, and generational conflict. Amendments, previously considered distracting or impossible, became key release valves for the country to step away from the edge or climb back out of the crevasse. To varying degrees, their role was to restore a sense of national balance if not unity.

Today’s red-blue divide has continued to grow as the latest amendment gap has lengthened. This relationship may be neither direct nor causal. And the variables today, from social media to the erosion of the truth, are vastly different from those in prior gaps. But the variables were always different before each amendment wave. The pattern still held.

Amendments won’t happen this, or next, year. But what about in seven or eight years, or perhaps 13, when we can celebrate the 250th anniversary of the Constitution in 2037 by repairing it? The only thing we can say with any confidence about the politics of tomorrow is that it won’t be like the politics of today. It could be worse. But it could be better.

I am betting on the latter (although things could initially worsen). And perhaps we could pass amendments that help us step away from the undemocratic edge we seem to be getting closer to. I’ll have more to say about such amendments in future writings.

For now, we can do two things. First, we need to recognize the validity of Rick Hasen’s observation in his latest book, “A Real Right to Vote.” His compelling case for an affirmative constitutional guarantee of the right to vote includes the assertion that "[a]mending the Constitution ... is probably the means of election reform with the greatest chance of securing real and lasting change." This must become our guidestar as we navigate the election reform landscape.

Second, we can hope that our nation’s divisions today prove more like those of the 1900s or 1950s, and not the 1850s. Whatever follows our current, lengthening amendment gap, it will need to include foundational responses. Constitutional solutions may not come first (e.g., low-turnout, partisan primaries decided by plurality outcomes need to go), but amendments can’t be far behind.


Read More

New Year’s Resolutions for Congress – and the Country

Speaker of the House Mike Johnson (R-LA) (L) and Rep. August Pfluger (R-TX) lead a group of fellow Republicans through Statuary Hall on the way to a news conference on the 28th day of the federal government shutdown at the U.S. Capitol on October 28, 2025 in Washington, DC.

Getty Images, Chip Somodevilla

New Year’s Resolutions for Congress – and the Country

Every January 1st, many Americans face their failings and resolve to do better by making New Year’s Resolutions. Wouldn’t it be delightful if Congress would do the same? According to Gallup, half of all Americans currently have very little confidence in Congress. And while confidence in our government institutions is shrinking across the board, Congress is near rock bottom. With that in mind, here is a list of resolutions Congress could make and keep, which would help to rebuild public trust in Congress and our government institutions. Let’s start with:

1 – Working for the American people. We elect our senators and representatives to work on our behalf – not on their behalf or on behalf of the wealthiest donors, but on our behalf. There are many issues on which a large majority of Americans agree but Congress can’t. Congress should resolve to address those issues.

Keep ReadingShow less
Two groups of glass figures. One red, one blue.

Congressional paralysis is no longer accidental. Polarization has reshaped incentives, hollowed out Congress, and shifted power to the executive.

Getty Images, Andrii Yalanskyi

How Congress Lost Its Capacity to Act and How to Get It Back

In late 2025, Congress fumbled the Affordable Care Act, failing to move a modest stabilization bill through its own procedures and leaving insurers and families facing renewed uncertainty. As the Congressional Budget Office has warned in multiple analyses over the past decade, policy uncertainty increases premiums and reduces insurer participation (see, for example: https://www.cbo.gov/publication/61734). I examined this episode in an earlier Fulcrum article, “Governing by Breakdown: The Cost of Congressional Paralysis,” as a case study in congressional paralysis and leadership failure. The deeper problem, however, runs beyond any single deadline or decision and into the incentives and procedures that now structure congressional authority. Polarization has become so embedded in America’s governing institutions themselves that it shapes how power is exercised and why even routine governance now breaks down.

From Episode to System

The ACA episode wasn’t an anomaly but a symptom. Recent scholarship suggests it reflects a broader structural shift in how Congress operates. In a 2025 academic article available on the Social Science Research Network (SSRN), political scientist Dmitrii Lebedev reaches a stark conclusion about the current Congress, noting that the 118th Congress enacted fewer major laws than any in the modern era despite facing multiple time-sensitive policy deadlines (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5346916). Drawing on legislative data, he finds that dysfunction is no longer best understood as partisan gridlock alone. Instead, Congress increasingly exhibits a breakdown of institutional capacity within the governing majority itself. Leadership avoidance, procedural delay, and the erosion of governing norms have become routine features of legislative life rather than temporary responses to crisis.

Keep ReadingShow less
Trump’s ‘America First’ is now just imperialism

Donald Trump Jr.' s plane landed in Nuuk, Greenland, where he made a short private visit, weeks after his father, U.S. President-elect Donald Trump, suggested Washington annex the autonomous Danish territory.

(Ritzau Scanpix/AFP via Getty Images)

Trump’s ‘America First’ is now just imperialism

In early 2025, before Donald Trump was even sworn into office, he sent a plane with his name in giant letters on it to Nuuk, Greenland, where his son, Don Jr., and other MAGA allies preened for cameras and stomped around the mineral-rich Danish territory that Trump had been casually threatening to invade or somehow acquire like stereotypical American tourists — like they owned it already.

“Don Jr. and my Reps landing in Greenland,” Trump wrote. “The reception has been great. They and the Free World need safety, security, strength, and PEACE! This is a deal that must happen. MAGA. MAKE GREENLAND GREAT AGAIN!”

Keep ReadingShow less
The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

Political Midterm Election Redistricting

Getty images

The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

“Gerrymander” was one of seven runners-up for Merriam-Webster’s 2025 word of the year, which was “slop,” although “gerrymandering” is often used. Both words are closely related and frequently used interchangeably, with the main difference being their function as nouns versus verbs or processes. Throughout 2025, as Republicans and Democrats used redistricting to boost their electoral advantages, “gerrymander” and “gerrymandering” surged in popularity as search terms, highlighting their ongoing relevance in current politics and public awareness. However, as an old Capitol Hill dog, I realized that 2025 made me less inclined to explain the definitions of these words to anyone who asked for more detail.

“Did the Democrats or Republicans Start the Gerrymandering Fight?” is the obvious question many people are asking: Who started it?

Keep ReadingShow less