Why is the US Constitution so hard to amend? - Peter Paccone
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0:07 - 0:10When it was ratified in 1789,
-
0:10 - 0:14the U.S. Constitution didn't just
institute a government by the people. -
0:14 - 0:19It provided a way for the people to alter
the constitution itself. -
0:19 - 0:24And yet, of the nearly 11,000 amendments
proposed in the centuries since, -
0:24 - 0:29only 27 have succeeded as of 2016.
-
0:29 - 0:33So what is it that makes the Constitution
so hard to change? -
0:33 - 0:35In short, its creators.
-
0:35 - 0:39The founders of the United States
were trying to create a unified country -
0:39 - 0:41from thirteen different colonies,
-
0:41 - 0:46which needed assurance that their
agreements couldn't be easily undone. -
0:46 - 0:47So here's what they decided.
-
0:47 - 0:50For an amendment to even be proposed,
-
0:50 - 0:53it must receive
a two-thirds vote of approval -
0:53 - 0:56in both houses of Congress,
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0:56 - 0:59or a request from two-thirds
of state legislatures -
0:59 - 1:01to call a national convention,
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1:01 - 1:03and that's just the first step.
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1:03 - 1:05To actually change the Constitution,
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1:05 - 1:10the amendment must be ratified
by three-quarters of all states. -
1:10 - 1:14To do this, each state can either have
its legislature vote on the amendment, -
1:14 - 1:18or it can hold a separate
ratification convention -
1:18 - 1:20with delegates elected by voters.
-
1:20 - 1:22The result of such high thresholds
-
1:22 - 1:26is that, today,
the American Constitution is quite static. -
1:26 - 1:30Most other democracies pass amendments
every couple of years. -
1:30 - 1:35The U.S., on the other hand,
hasn't passed one since 1992. -
1:35 - 1:39At this point, you may wonder how any
amendments managed to pass at all. -
1:39 - 1:41The first ten,
known as the Bill of Rights, -
1:41 - 1:45includes some of America's
most well-known freedoms, -
1:45 - 1:46such as the freedom of speech,
-
1:46 - 1:48and the right to a fair trial.
-
1:48 - 1:50These were passed all at once
-
1:50 - 1:54to resolve some conflicts from
the original Constitutional Convention. -
1:54 - 1:57Years later, the Thirteenth Amendment,
which abolished slavery, -
1:57 - 2:00as well as the Fourteenth
and Fifteenth Amendments, -
2:00 - 2:03only passed after a bloody civil war.
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2:03 - 2:06Ratifying amendments
has also become harder -
2:06 - 2:09as the country has grown larger
and more diverse. -
2:09 - 2:11The first ever proposed amendment,
-
2:11 - 2:14a formula to assign
congressional representatives, -
2:14 - 2:17was on the verge of ratification
in the 1790s. -
2:17 - 2:20However, as more and more states
joined the union, -
2:20 - 2:24the number needed to reach
the three-quarter mark increased as well, -
2:24 - 2:27leaving it unratified to this day.
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2:27 - 2:29Today, there are many
suggested amendments, -
2:29 - 2:32including outlawing
the burning of the flag, -
2:32 - 2:33limiting congressional terms,
-
2:33 - 2:36or even repealing the Second Amendment.
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2:36 - 2:41While many enjoy strong support,
their likelihood of passing is slim. -
2:41 - 2:45Americans today are the most politically
polarized since the Civil War, -
2:45 - 2:49making it nearly impossible to reach
a broad consensus. -
2:49 - 2:52In fact, the late Supreme Court Justice
Antonin Scalia -
2:52 - 2:56once calculated that due to America's
representative system of government, -
2:56 - 3:02it could take as little as 2% of the total
population to block an amendment. -
3:02 - 3:07Of course, the simplest solution would be
to make the Constitution easier to amend -
3:07 - 3:11by lowering the thresholds required
for proposal and ratification. -
3:11 - 3:14That, however, would require
its own amendment. -
3:14 - 3:19Instead, historical progress has mainly
come from the U.S. Supreme Court, -
3:19 - 3:24which has expanded its interpretation
of existing constitutional laws -
3:24 - 3:25to keep up with the times.
-
3:25 - 3:28Considering that Supreme Court justices
are unelected -
3:28 - 3:31and serve for life once appointed,
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3:31 - 3:34this is far from
the most democratic option. -
3:34 - 3:38Interestingly, the founders themselves
may have foreseen this problem early on. -
3:38 - 3:40In a letter to James Madison,
-
3:40 - 3:45Thomas Jefferson wrote
that laws should expire every 19 years -
3:45 - 3:48rather than having to be changed
or repealed -
3:48 - 3:51since every political process
is full of obstacles -
3:51 - 3:53that distort the will of the people.
-
3:53 - 3:54Although he believed
-
3:54 - 3:57that the basic principles
of the Constitution would endure, -
3:57 - 4:00he stressed that the Earth belongs
to the living, -
4:00 - 4:01and not to the dead.
- Title:
- Why is the US Constitution so hard to amend? - Peter Paccone
- Speaker:
- Peter Paccone
- Description:
-
View full lesson: http://ed.ted.com/lessons/why-is-the-us-constitution-so-hard-to-amend-peter-paccone
When it was ratified in 1789, the US Constitution didn’t just institute a government by the people – it provided a way for the people to alter the Constitution itself. And yet, of the nearly 11,000 amendments proposed in the centuries since, only 27 have succeeded as of 2016. Peter Paccone explains why the US Constitution is so hard to change.
Lesson by Peter Paccone, animation by Augenblick Studios.
- Video Language:
- English
- Team:
- closed TED
- Project:
- TED-Ed
- Duration:
- 04:18
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Jennifer Cody edited English subtitles for Why is the US Constitution so hard to amend? |