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What would it take to update the United States Constitution?

The framers of the Constitution included specific means for amending the nation's charter. However, they were most likely trying to avoid the need for future changes rather than looking for ways to make changing it easier. In the Constitution's final version, a large majority of state assembly members in a large majority of states is required to ratify any amendment to the Constitution. But the founders also provided another option for rewriting the national charter. That other option is a constitutional convention.

Washington at Constitutional Convention of 1787, signing of U.S. Constitution.
An 1856 painting depicts the Constitutional Convention of 1787.

It might seem like a very old-fashioned idea. However, since there have been so few amendments in recent years, various politicians have suggested that a brand new Constitution be created in this manner. In fact, there are already several states considering the possibility as a way of adding a constitutional requirement for a balanced federal budget. In total, 34 states would need to pass resolutions in their assemblies for a convention to become a reality. As of the beginning of 2017, 28 states have already done so!

It is unclear how a constitutional convention might change the relationship between the federal government and the states. It seems likely, though, that a return to the idea of a smaller federal government and wider recognition of states' rights could be the result. In 1988, former Chief Justice Warren Burger wrote that a new constitutional convention would have very few restrictions. He stated there were no clear guidelines about whether a new convention would have to follow congressional legislation, so it "could make its own rules and set its own agenda."

One thing is certain: Any attempt to rewrite the Constitution would cause plenty of dissent. At the time of the first Constitutional Convention, there were many patriotic Americans who firmly opposed the Constitution and offered various alternative points of view. If there were another constitutional convention, and another charter as a result, it is unlikely that all states or all Americans would find it acceptable.

Many people who support a new Constitution believe that congressional gridlock is the main reason why government operates so slowly and, at time, inefficiently. They point to procedures such as filibustering in the Senate as examples of modern approaches that waste time and seem contrary to the spirit of the Constitution. As you work through the remainder of this course, return to the questions raised by this lesson. For instance, based on what you learn this semester, is the current Constitution well suited to see the nation through the 21st century? Or would a new Constitution be a good idea?

Meanwhile, use the questions below to make sure you understand how the Constitution could be changed.


A large majority of state assembly members must agree on an amendment before it can be added to the Constitution. However, one other way that the Constitution can be updated is by ____.

  1. a constitutional convention
  2. an executive order
  3. a Supreme Court decision
  4. an electoral college vote

The framers themselves created this alternative path even as they hoped that the document they created would ensure the health, wealth, and stability of the nation for centuries to come.

The framers themselves created this alternative path even as they hoped that the document they created would ensure the health, wealth, and stability of the nation for centuries to come.

The framers themselves created this alternative path even as they hoped that the document they created would ensure the health, wealth, and stability of the nation for centuries to come.

The framers themselves created this alternative path even as they hoped that the document they created would ensure the health, wealth, and stability of the nation for centuries to come.

If another constitutional convention ever occurs in the United States, then its rules and procedures would be developed by _____.

  1. the constitutional convention
  2. an executive order
  3. a Supreme Court decision
  4. an electoral college vote

The first order of business in a convention called to rewrite the Constitution would be to agree on how the task will be approached.

The first order of business in a convention called to rewrite the Constitution would be to agree on how the task will be approached.

The first order of business in a convention called to rewrite the Constitution would be to agree on how the task will be approached.

The first order of business in a convention called to rewrite the Constitution would be to agree on how the task will be approached.

What determined the ratification process for the 1787 Constitutional Convention?

  1. the Constitutional Convention
  2. an Executive Order
  3. a Supreme Court decision
  4. an electoral college vote

In every way, the outcome of the Constitutional Convention of 1787 was determined by the delegates who attended it.

In every way, the outcome of the Constitutional Convention of 1787 was determined by the delegates who attended it.

In every way, the outcome of the Constitutional Convention of 1787 was determined by the delegates who attended it.

In every way, the outcome of the Constitutional Convention of 1787 was determined by the delegates who attended it.

Summary

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