On with Kara Swisher How A ‘Brittle’ Constitution Broke U.S. Politics with Historian Jill Lepore
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Sep 8, 2025 
In this engaging discussion, historian Jill Lepore, a New Yorker staff writer and Harvard professor, sheds light on her latest book about the U.S. Constitution. She argues that while the amendment process was a radical innovation, it has become nearly unchangeable, impacting today's political climate. Lepore critiques originalism, discusses the challenges posed by Trump’s rhetoric, and emphasizes the importance of public involvement in constitutional governance. The conversation navigates historical compromises and the growing significance of the 14th Amendment in modern America.
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Amendments As A Census Of Political Yearning
- Jill Lepore collected every failed amendment to create a "census of the dead" that reveals Americans' long political yearnings.
- She used this dataset to show amending is foundational but now nearly impossible.
ERA's Defeat As A Turning Point
- Jill Lepore highlights the failed Equal Rights Amendment as a turning point that raised polarization and halted amendment momentum.
- The ERA's defeat showed how organized opposition and political shifts can stop likely ratifications.
Article V's 'Bad Math' Over Time
- Article V's supermajorities seemed sensible in 1787 with 13 states and no parties, but the math aged poorly.
- The framers designed amendment rules as a "Goldilocks" balance that later became extremely restrictive.
