Constitutional Amendments
With the support of a bipartisan committee of lawyers, judges, scholars, policymakers, and other public officials who have particular expertise in this area, the Constitution Project’s Constitutional Amendments Committee urges restraint in the constitutional amendment process. At various times, constitutional amendments have been proposed as the favored first-step remedy for all social ills. These proposals frequently deal with matters of social policy that traditionally and more appropriately are the subject of legislation.
Amendments often are introduced because they are seen as powerful political organizing tools and are made before ordinary statutory changes have been sought. In certain cases, amendments have reached the full House or Senate for a vote without a single hearing being held. Mark-ups and debates are limited or non-existent. Some proposals have been given expedited floor consideration and several passed at least one house of Congress. These developments threaten the fundamental nature of the Constitution and its revered place in our society.
That is not to suggest that the Constitution should never be amended or that its basic structural outlines are above criticism. Rather, the Committee opposes the facile rewriting of the Constitution. The Constitutional Amendments Committee of the Constitution Project has held public education events, issued reports, and offered guidelines on the inappropriate use of the amendment proposal process. We take no position on any proposed amendments, except for one—we oppose any amendment that would relax the process for amending the Constitution.
Our goal is to foster informed, constructive, and open debate on all proposed constitutional amendments. Through an organized effort, we seek to focus attention on unthinking tinkering with fundamental rights, liberties and doctrines enshrined in the Constitution.
