

Is the U.S. Constitution too hard to change?
Sep 18, 2025
In this engaging discussion, historian Jill Lepore, author of We the People: A History of the U.S. Constitution, shares insights on the challenges of amending the U.S. Constitution. She explores how infrequent amendments contribute to current political crises, from polarization to court battles. Lepore examines the historical context of constitutional changes and reveals why social movements have increasingly turned to courts instead of seeking amendments. Her findings shed light on the significance of Article V for American democracy's future.
AI Snips
Chapters
Books
Transcript
Episode notes
Change Happens Outside Article V
- When formal amendment stalls, constitutional change shifts to courts or executive actions.
- Jill Lepore warns that informal change risks legitimacy and democratic accountability.
Stability Paired With A Built-In Fix
- Written constitutions aim to lock in stability while providing a built-in amendment mechanism.
- Framers added Article V to avoid the unamendable failure of the Articles of Confederation.
A Long Amendment Drought
- The U.S. rarely amends its Constitution and is now in a long amendment drought since 1971.
- Compared to other constitutions and state charters, U.S. amendment rates are very low.