Did the Founding Fathers Intend for the Constitution to Be Amended?

The U.S. Constitution, a foundational document of the nation, includes provisions for its own amendment. This has been a subject of historical debate and interest, especially given the compromises and challenges during its drafting. Yes, the Founding Fathers did intend for the Constitution to be amended, and they explicitly outlined this process in Article V.

The Intent Behind Amendments

It is unequivocal that the framers of the U.S. Constitution intended for the document to evolve over time. They believed that what they crafted was a compromise that could address the myriad issues of the time. Concepts such as slavery and the power of political parties were left unaddressed, intentionally or otherwise. For example, Thomas Jefferson, one of the principal authors of the Declaration of Independence, suggested that the entire Constitution should be revised and amended over time. Jefferson viewed the document as a living text that could adapt to changing circumstances and societal needs.

The Process of Amendment

The inclusion of Article V in the Constitution serves to provide a clear and deliberate process for amending the document. Under Article V, amendments can be proposed by a two-thirds vote in both houses of Congress or by a constitutional convention called by two-thirds of state legislatures. These amendments then require ratification by three-fourths of state legislatures or conventions. This process ensures that changes to the Constitution are wide-reaching and supported by substantial majorities, both nationally and state-by-state.

Amendments in Practice

Article V has been put to use multiple times. For instance, amendments have been made to abolish slavery (13th Amendment), grant voting rights regardless of race (15th Amendment), and give women the right to vote (19th Amendment). These examples illustrate how the Founding Fathers’ foresight allowed for the Constitution to evolve and address new and emerging issues.

Permanence in Article V

While the vast majority of the Constitution can be amended, the Amendment Clause (Article V) itself is inviolable. This creates a unique set of permanent provisions that are sacrosanct. Specifically, Article V lists three provisions that the Founding Fathers deemed too important to change:

No Property Tax: The federal government is prohibited from levying property taxes. This provision was a matter of contention, as most of the Founding Fathers supported this power, but it was stripped out at the insistence of representatives from Pennsylvania, who refused to ratify the Constitution otherwise. Slavery Compromise: The importation of slaves was halted in 1808, with a provision that this would not be allowed thereafter. This was a compromise made to secure the ratification of the Constitution, despite the fact that many Northern delegates favored abolition. Equal State Representation: The number of senators each state has is set at two, regardless of population. This is guaranteed by Article V to prevent any change that would alter this principle of equal state representation.

The rigidity of these three articles in Article V underscores the importance placed on such principles, while allowing the rest of the Constitution to adapt through the amendment process.

In conclusion, the Founding Fathers did indeed intend for the Constitution to be amended, recognizing the need for a dynamic and evolving document. Their inclusion of Article V not only ensured a process for amending the Constitution but also protected certain fundamental principles, reinforcing the concept of a living and adaptable charter for a nation.