Full Breakdown
The Ongoing Struggle to Amend the U.S. Constitution
9/14/2025, 7:56:21 PM
Recent Attempts and Historical Context
In January 2025, President Joe Biden announced the ratification of the Equal Rights Amendment (E.R.A.), which aimed to enshrine sex equality as the 28th Amendment to the U.S. Constitution. However, the announcement lacked formal action, as Biden did not instruct the archivist of the United States to publish the amendment, rendering the declaration ineffective. This event highlights a broader historical struggle regarding constitutional amendments, as explored in Jill Lepore's book, *We the People: A History of the U.S. Constitution*. Lepore emphasizes that the Constitution has been a site of contention since its inception, with various groups, including women, Indigenous peoples, and Black Americans, advocating for their own constitutional visions.
Voices of Constitutional Change
Lepore's work draws from an extensive archive of over 11,000 proposed amendments, showcasing the diverse voices that have challenged the Constitution's limitations. Among these figures is Anne Willing Bingham, a Philadelphia socialite who sought political inclusion, and Birch Bayh, a U.S. Senator instrumental in the 25th and 26th Amendments. Lepore argues that many of these voices were driven by a "restless and unruly" spirit, critiquing the Constitution's deficiencies rather than viewing it as perfect.
The Role of Originalism and Constitutional Conservatism
The book also addresses the rise of constitutional conservatism, which resists amendments and promotes originalism, a philosophy adhered to by many members of the Roberts Court. Lepore critiques this perspective, suggesting it has stifled the public's imagination regarding constitutional change. She notes that the last amendment, concerning legislator salaries, was ratified 33 years ago, raising questions about the future of constitutional reform in a polarized nation.
Perspectives on the Constitution's Viability
The debate over the Constitution's effectiveness continues among scholars. Aziz Rana, a Boston College professor, argues that the Constitution is "broken," asserting that its structure empowers historical minorities at the expense of majority rule. Conversely, Harvard Law professor Noah Feldman defends the Constitution as the best available framework, emphasizing its capacity for evolution and adaptation. He cites historical figures like Frederick Douglass and Martin Luther King Jr., who recognized the Constitution's potential for reform despite its flaws.
Implications of Constitutional Stagnation
The inability to amend the Constitution raises concerns about the nation's capacity for self-correction in the face of deep-seated issues, such as fiscal instability and social injustice. As Lepore posits, the failure to engage in constitutional reform may lead to societal unrest or violence. The ongoing discourse surrounding the Constitution reflects a critical juncture in American democracy, where the foundational document's relevance and adaptability are increasingly scrutinized.
Verbatim Quotes
- “Introduction The Philosophy of Amendment The people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of its institution.” — James Madison
- “without ultimately changing pretty foundational features of the hard-wired components of our constitutional system.” — Aziz Rana
- “The Constitution is better than any alternative available to us in the real world.” — Noah Feldman
The exploration of these themes in Lepore's *We the People* invites readers to reflect on the Constitution's role in contemporary society and the ongoing struggle for a more inclusive and equitable legal framework.
