Changing the Constitution
The founders made the Constitution hard to change but not impossible, and it has also evolved through interpretation.
The amendment process
Article V sets out two steps. An amendment is proposed by a two-thirds vote of both houses of Congress (or by a national convention called by two-thirds of state legislatures), then ratified by three-fourths of the states. The convention route for proposing amendments has never been used. Only 27 amendments have been added since 1789.
The Bill of Rights and later amendments
The first ten amendments, the Bill of Rights, were ratified in 1791 and protect freedoms such as speech, religion, and fair trials. Later amendments abolished slavery (13th), guaranteed equal protection and citizenship (14th), barred racial discrimination in voting (15th), extended the vote to women (19th), and lowered the voting age to 18 (26th).
Change through interpretation
Much constitutional change comes not from amendments but from how courts interpret the text. The 'necessary and proper' clause, sometimes called the elastic clause, lets Congress pass laws needed to carry out its listed powers. Debates continue between those who read the Constitution by its original meaning and those who see it as a living document.
Flashcard
The part of the Constitution that sets the amendment process
Check your understanding
Which amendment lowered the national voting age to 18?