Constitutional Amendments Whose Time Has Come

The last effort to amend the U.S. Constitution was the Equal Rights Amendment (ERA) that was opposed and failed. [fn 1][fn 2] It made it seem that is has become impossible. But the history is that there are spurts of amendments – four ratified between 1910 and 1920 – and then quiet periods. The bitter, unsuccessful, experience trying to ratify the ERA in the 1970s and 1980s, and the long period since without any new amendments, has understandably discouraged most people. But I think there are some proposals that could be passed if a serious effort got behind them. I advocate starting an effort behind the least controversial one that has broad appeal – in part because it would be worthwhile in itself but also, importantly, to prove it is possible to get amendments ratified. My hope is that getting one ratified would spur efforts for others. [fn 3]

Amendments that would pass:

I don't see how people could oppose an amendment to end slavery. As Ana Duvernay has reminded us, the 13th Amendment had an exception. Perhaps I am naive, but I have trouble imagining people putting up a serious fight in defense of slavery, today. So, my first proposal is to put support behind U.S. Senator Merkley (OR) and U.S. Representative Nikema Williams (GA-05) proposed amendment. Bring it to the Senate floor and see if the GOP will support it – or renounce the proudest moment of their history.

SCOTUS Term Limits: There is broad support for 18-year term limits. It was the one reform proposal that was supported by the large majority of the Presidential Commission. I believe the case in favor of it is very strong and would like to see the efforts to pass it ramp up. I think it would be far preferable to enact it via a Constitutional amendment than by statute.

Other good proposals:

There are many other good ideas. I've listed below those that come to mind and will add to the list (and add descriptions) as I have time. I'd love to see work to pass some of these. But I think we should start with one of the above on the ground that they would be much easier to get passed and ratified.

Constrain presidential pardon power
Right to Vote
Equal Rights Amendment
Direct election of the President
Puerto Rico statehood
DC Statehood
James Madison's last amendment – Congressional apportionment
Amend the amendment process:
Constitutional Convention
Congressional route
End Corporate Personhood
Money is not speech

Thank you for your time and attention. COMMENTS ARE MOST WELCOME.


[fn 1: Except for the 28th Amendment that was ratified in ____. But it was passed by Congress in 17?? and was not of much importance.
fn2: ERA effort may not have failed permanently. See continuing efforts to revive it.
fn3: Working on how to do footnotes in Ghost.