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Following Jefferson: Promoting Inter-Generational Understanding Through Constitution-Making

Part V: Amending the Constitution

Opinion

Following Jefferson: Promoting Inter-Generational Understanding Through Constitution-Making
Mount Rushmore
Photo by John Bakator on Unsplash

No one can denounce the New York Yankee fan for boasting that her favorite ballclub has won more World Series championships than any other. At 27 titles, the Bronx Bombers claim more than twice their closest competitor.

No one can question admirers of the late, great Chick Corea, or the equally astonishing Alison Krauss, for their virtually unrivaled Grammy victories. At 27 gold statues, only Beyoncé and Quincy Jones have more in the popular categories.


No one can doubt the sincerity of the stargazer who honors the length of the moon’s orbit around the Earth. At roughly 27 days, the lunar cycle can be an emotional sedative or an emotional amphetamine.

But lest we think the number 27 has some magical quality, we should all holler at the agonizing rarity of amending the United States Constitution. After 238 years, we’ve altered the text only 27 times. That’s simply not enough.

It’s difficult to amend the Constitution. Really difficult. In fact, Donald Lutz, the late political scientist at the University of Houston, has conclusively shown that the United States Constitution is the most unamendable charter in the entire world. The eminent political historian, Jill Lepore, recently echoed Lutz’s findings.

James Madison wanted it that way. In Federalist 49, he wrote: frequent appeal to the people [for amendments] would carry an implication of some defect in the government and deprive the government of the veneration which time bestows on everything…”. Stability, he insisted, requires that the Constitution remain mostly untouched.

As a result, Article V—the amendment article—was inserted into the Constitution. Article V has two avenues for new amendments. First, and most commonly, the Constitution can be amended with two-thirds majorities in both Houses of Congress, followed by approval from three-quarters of the states. Secondly, two-thirds of the state legislatures can request that Congress call a constitutional convention. Whatever is produced by such a convention would still need endorsement by three-quarters of the states.

The question is: has the Madisonian method served us well? Increasingly, pundits, scholars, and commentators view Article V as a constitutional vice, a defect of the original design. Indeed, America’s inability to amend its governing charter has contributed to the feeling that the Constitution is increasingly outdated.

And that is why each generation, if given the chance, would dramatically alter the constitutional amendment process. All would lower the bar to make it simpler to align the Constitution with the ever-changing world.

The most interesting proposal to improve Article V comes from the “Silent Generation.” That senior generation favors a conventional first step: two-thirds majorities in both Houses of Congress can propose a constitutional amendment. But then it gets interesting. The “Silent Generation” calls for a “public deliberation period” of at least one full year to consider the implications of the constitutional reform. Citizens would then vote in a national referendum. A super majority of two-thirds support would be required for any proposed amendment that alters the Bill of Rights or other fundamental freedoms. A simple majority is required for any suggested change to the government’s structure.

The emphasis on deliberative democracy carries over to the Baby Boomers. Any proposed constitutional amendment, insists Boomers, must be vetted through expansive public hearings, expert analysis, and a “national dialogue” on the generational and political implications of the change. Input must come from all segments of the citizenry.

The second stage of the Baby Boomer proposal would focus on states. Here, state ratifying conventions would examine the floated amendment. Three-quarters of the states must approve of the change, a high threshold meant to ensure widespread consensus. Similarly, a regional balance among large and small states, urban and rural populations, and economically affluent and less prosperous states is necessary to ensure a high degree of consensus. The final step toward ratification would be a simple majority vote in a national referendum.

Unsurprisingly, younger generations favor more populist and less governmental approaches to constitutional reform. Both Gen X and Gen Z prefer grassroots amendments. Gen Xers embrace the “citizen-initiated amendment,” whereby a petition signed by 2% of the voting population—about 3.5 million eligible voters—can trigger a constitutional amendment. Gen Zers are comfortable with 1%.

A key feature of the Gen Z amendment process is the involvement of a “Youth Council,” a group of 16-to 25-year-olds who are empowered to propose and evaluate potential constitutional amendments. Both generational constitutions then require super-majorities to endorse the proposed change.

Across all these constitutions, one thing is clear: every generation wants the amendment process to be more democratic, more accountable to the populace. We need to lower the threshold for constitutional revision. The double supermajority—a vote of two-thirds of both houses of Congress, followed by certification by three-quarters of the states—is frankly too formidable. It is no wonder that more than ten thousand amendments have been proposed, but only 27—and none since 1992 (a holdover from Madison's original 1789 list, no less)—have been ratified. It is time to improve the way we improve our Constitution.

The New Testament of the Bible contains 27 books. The human hand contains 27 bones. Most alphabets, including the Greek alphabet, contain 27 letters. The number 27 is a perfect cube.

Interesting facts, all. And not disconcerting. What is disconcerting is that we are celebrating the 238th anniversary of the “miracle in Philadelphia”—September 17, 2025—and we have only attended to 27 of the text’s many flaws. The number 27 symbolizes the nation’s struggle to update its fundamental law, a struggle that has kept us from achieving “a more perfect union.” That struggle must end.

Beau Breslin is the Joseph C. Palamountain Jr. Chair in Government at Skidmore College.

Prairie Gunnels just successfully and with honors completed her first year at Skidmore.

SUGGESTION:

Part I: Introduction

Part II: Preambles

Part III: Institutions

Part IV: Bills of Rights

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