The Mechanism of Constitutional Change

The United States Constitution, drafted in 1787, was recognized by its authors as a document that was "not perfect." To address this, the creators included specific provisions in the "fifth article or section" to allow for future modifications. These modifications, known as amendments, serve as a "change to the Constitution" or an "addition to the Constitution," ensuring the legal framework remains adaptable over time.

Methods of Amendment

The Constitution outlines two distinct pathways for change. The first is a "Constitutional Convention," a "big meeting where representatives from all of the states would gather and decide on the changes," much like the original assembly in Philadelphia. However, the text notes that this method "has never been used" in American history.

The second, more common method is a two-step legislative process. First, "Congress" must pass the proposed amendment, requiring a supermajority where "two thirds or 67% of the members of Congress has to vote in favor of" the proposal. Second, the amendment must be ratified by "three-fourths or 75% of the states." The high threshold for approval explains why "there are not very many amendments to the Constitution," as achieving such a broad consensus is "not an easy thing to do."

The Role of the President and the Nature of Rights

It is important to note that the President holds no formal role in this process; the executive branch "cannot create amendments and does not have the right or power or ability to veto or say no to amendments." Once the required state approval is reached, the amendment "officially becomes part of the Constitution."

Crucially, many fundamental American liberties are not found in the original 1787 text but exist exclusively within these additions. Provisions such as "freedom of religion," the "right to vote regardless of someone's skin color or sex," and the definition of citizenship are all contained within various amendments. This highlights that the Constitution is a living document that has evolved to better protect the rights of its citizens.

Repealing Amendments: The Case of Prohibition

Amendments are not necessarily permanent; they can be "repealed or taken back by passing other amendments." While rare, this has occurred once in U.S. history. The "18th amendment," known as the "prohibition amendment," made it "illegal or against the law to make or sell alcohol." Because "to prohibit means not to allow something," this amendment fundamentally altered American life starting in 1919. However, the public and legislative stance shifted, and the "21st amendment, passed in 1933, repealed the 18th amendment," effectively legalizing the production and sale of alcohol once more. This historical instance underscores the flexibility of the Constitution in reflecting the changing values and needs of the American people.