William_T._Bianco,_David_T._Canon]_American_Polit

62 Chapter 2Chapter 2 || The Constitution and the FoundingThe Constitution and the Founding

amendment. I knew that age well; I belonged to it and labored with it.... It was very like

the present.... Let us not weakly believe that one generation is not as capable as another of

taking care of itself.^25

Proposal and Ratification Although there was strong consensus on including in the

Constitution a set of provisions for amending it, there was no agreement on how this

should be done. The Virginia Plan envisioned a relatively easy process of changing

the Constitution “whensoever it shall seem necessary” by means of ratification by the

people, whereas the New Jersey Plan proposed a central role for state governments.

Madison suggested the plan that was eventually adopted, which once again

accommodated both those who wanted a stronger national government and those who

favored the states.

Article V describes the two steps necessary to change the Constitution: proposal

and ratification. Congress may propose an amendment that has the approval of

two-thirds of the members in both houses, or an amendment may be proposed by a

national convention that has been called by two-thirds of the states’ legislatures. In

either case, the amendment must be ratified by three-fourths of the states’ legislatures

or state conventions (see Nuts & Bolts 2.3). A national convention has never been

used to propose an amendment, and every amendment except for the Twenty-First,

which repealed Prohibition, has been ratified by state legislatures rather than state

conventions.

A Range of Amendments Amendments have ranged from fairly narrow, technical

corrections of errors in the original document (Eleventh and Twelfth Amendments)

to important topics such as abolishing slavery (Thirteenth Amendment), mandating

equal protection of the laws for all citizens (Fourteenth Amendment), providing for

the popular election of senators (Seventeenth Amendment), giving black men and

then women the right to vote (Fifteenth and Nineteenth Amendments), and allowing

a national income tax (Sixteenth Amendment). Potential constitutional amendments

have addressed many other issues, with more than 10,000 proposed; of those, 33 were

sent to the states and 27 have made it through the amending process (the first 10 came

at once in the Bill of Rights). Table 2.1 shows several amendments that were introduced

but not ratified.

Amending the Constitution is difficult

and can be controversial. Some

amendments that are widely accepted

today, like the Nineteenth Amendment

giving women the right to vote, were

intensely debated prior to their

ratification.

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