The U.S. Constitution can be changed, but only by the Amendment process as outlined in Article V. A couple of people on the Common Sense Civics and Citizenship education page have argued that our legislators can pass a law that changes the Constitution. Not understanding how the Constitution works is a civics issue, so let’s consider it.
The Constitution Is The Supreme Law of the Land
The Constitution calls itself The Supreme Law of the Land in Article VI. This means that any law passed that does not agree with the Constitution is not law. Such a “law” in national matters would be declared unconstitutional by the Supreme Court as per Judicial Review (See Marbury vs Madison).
How Constitutional Amendments Are Proposed and Ratified
There are two processes through which the Constitution can be changed. First, an amendment must be proposed by either 2/3 of both Houses of Congress or by a national convention called by 2/3 of state legislatures. (34 states)
Second, the Amendment must be ratified by 3/4 of state legislatures or by conventions held in 3/4 of the states. This means changing the Constitution cannot be done by whim or emotion. The process guarantees much thought and discussion before changes can be made.
Legislation and Constitutional Authority
Some amendments to the Constitution say, “Congress can change the law by appropriate legislation.” Specifically, Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI contain variations of this clause. This clause or its variations do not enable Congress to do as they see fit. All changes must be made in line with the Constitution, Article I, Section 8, which enumerates, or “spells out” the 18 powers given to Congress.
In brief, only the amendment process can change the Constitution. Laws can interpret, apply, or work within the constitutional process but cannot alter the document.
Questions to think about:
1) What would happen if our legislators could change the Constitution by passing a law (bypassing the Amendment process)?
2) Why do you think our Founders made the Amendment process so thorough and rigorous?
This is Common Sense Civics and Citizenship. 🇺🇸
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