Article V of the Constitution | US government and civics | Khan Academy

Summary

In this educational discussion, experts delve into Article Five of the U.S. Constitution, detailing the complex amendment process. Highlighting the high thresholds for proposals—requiring two-thirds majority in Congress and ratification by three-quarters of the states—the conversation underscores the intention behind making constitutional changes intentionally difficult. The discussion also touches on alternative amendment methods, such as state-driven conventions, and reflects on the historical significance and challenges of amending the Constitution, including the long journey of the 27th Amendment and the founders' foresight in allowing for future adaptations.

Takeaways

• 📜 Article Five of the U.S. Constitution outlines the process for amending the Constitution, which is intentionally difficult to achieve.
• 🏛️ The amendment process can begin in Congress, where a two-thirds majority in both the House of Representatives and the Senate is required for an amendment to proceed.
• 🗳️ After Congress, an amendment must be ratified by three-fourths of the states, either through their legislatures or via special state conventions.
• 🤔 The framers of the Constitution designed the amendment process to be challenging to ensure that changes to the Constitution would require a strong consensus.
• 🔄 There are two methods to propose amendments: through Congress or through a Constitutional Convention called by two-thirds of the state legislatures.
• 🕰️ The 27th Amendment, proposed in 1789 and ratified in 1992, took 202 years to be adopted, making it the longest process of any amendment.
• 🗣️ The difficulty of the amendment process has led to other methods of constitutional change, such as legislation, Supreme Court decisions, and shifts in societal norms.
• 📊 Historically, there have been 'waves' of amendments, often following significant events or periods of social and political change.
• 🚫 The Constitution has provisions that were intended to protect slavery, reflecting the moral complexities and compromises of its time.
• ⏳ The last amendment, the 26th, was ratified in 1971, lowering the voting age to 18, and was a response to the Vietnam War era.
• 💡 The inclusion of an amendment process in the Constitution demonstrates the framers' foresight and humility, acknowledging that they could not anticipate all future needs and challenges.

Q & A

What is Article Five of the U.S. Constitution about?

Article Five of the U.S. Constitution describes the amendment process, outlining how the Constitution can be amended either through Congress or a Constitutional Convention called by the states.

What is the most common process for amending the Constitution?

The most common process for amending the Constitution is through Congress. An amendment must be proposed by a two-thirds majority in both the House of Representatives and the Senate, and then it must be ratified by three-quarters of the states.

Has the Constitutional Convention process for proposing amendments ever been used?

No, the Constitutional Convention process for proposing amendments has never been used in U.S. history. Although there have been efforts that moved in that direction, no convention has ever been convened to propose an amendment.

Why did the framers of the Constitution make the amendment process difficult?

The framers made the amendment process difficult to ensure that only amendments with a broad and strong consensus would be added to the Constitution. They wanted to prevent hasty or ill-considered changes.

What was the last Constitutional amendment, and when was it ratified?

The last Constitutional amendment, the 27th Amendment, was ratified in 1992. It deals with congressional salary increases, stating that any increase cannot take effect until after the next election.

What are some periods in U.S. history when many amendments were passed?

There were waves of amendments passed during specific periods: shortly after the Constitution's ratification (the Bill of Rights and early amendments), after the Civil War, and during the Progressive Era in the early 20th century.

How does the difficulty of the amendment process affect how the Constitution changes over time?

Because the amendment process is so difficult, changes to the Constitution often happen through other means, such as legislation, Supreme Court decisions, and societal changes, rather than formal amendments.

What is a notable example of an amendment that was proposed and ratified very quickly?

The 26th Amendment, which guaranteed the right to vote for 18-year-olds, was both proposed and ratified in just three months and eight days in 1971, setting a record for the fastest ratification.

Why is the Constitution shy about mentioning slavery directly?

The framers were somewhat embarrassed or conflicted about slavery. Although they included clauses related to slavery, they avoided using the term explicitly in the Constitution, possibly due to concerns about how history would judge them.

What might have happened if the Constitution did not include an amendment process?

If there were no formal amendment process, the U.S. might have seen more frequent and complete replacements of the Constitution. Some states have replaced their constitutions multiple times, and a similar process could have occurred at the federal level.