Perhaps the most prescient act of the framers of the US Constitution was the establishment of an amendment process by which the document could be modified. Not in some instant, light and transient way, but with involvement of the peoples representatives, the States and the people themselves. It’s not easy to do, and, in fact, it should not be. As George Washington himself once said, any amendment can only be performed by an “authentic and explicit act” of the American people.

Twenty-seven times the constitution has been amended*. There remain countless other attempts which failed to pass Congress. Six further times amendments were proposed and passed by not ratified by the requisite number of States. Each and every time Congress gathers there are proposals and calls for amendments, most of which are little more than attention gimmicks, bound to go nowhere except a few interviews on media and garner campaign funding.

Why is it so difficult to get an amendment passed and ratified? Well… first off all, it should be difficult. We do not, by definition, change our government for “light and transient” reasons. Moreover, the incredible amount of “buy in” that has to be gained to pass an amendment requires that the amendment protect majoritarian rights.

Then there are questions about who exactly can and even should propose amendments.  Does the Court have any role in the matter? Are there any examples of all of this coming together in a concrete example of the system working as proposed?

Funny you should ask, as ton this day, May 7, 1992, that the 27th – and as of today the last – amendment to the Constitution was ratified. The surprising part is that it was among the first amendments ever proposed…