What if the Constitution wasn’t meant to be a relic, but a living commitment we change only when we truly mean it? We dig into Article V with Dr. Sean Beienburg to unpack how the Constitution can be amended, why the framers chose supermajorities over unanimity, and how states can pressure Congress when Washington stalls. Along the way, we separate constitutional law from the Constitution itself, clarifying what courts can interpret—and what only the people can change.
We trace the two proposal routes—through Congress or a state-called convention—showing how the dormant convention option has shaped history, most famously by nudging Congress toward the 17th Amendment. We revisit the repeal of Prohibition via state ratifying conventions, explore near-misses like the balanced budget amendment and the ERA deadline, and challenge the common claim that Article V is “too hard.” The numbers tell a different story: very few amendments that cleared Congress died in the states, which means the genuine hurdle is building a proposal-worthy coalition in Congress.
We also tackle judicial power with a clear lens. Drawing on Federalist 78 and Washington’s Farewell Address, we explain why judicial independence relies on fidelity to the Constitution’s text, not rewrite-by-ruling. Then we examine how originalism and textualism address shifting word meanings—like “domestic violence” in Article IV—so that judges don’t silently change the document through modern vocabulary. Finally, we contrast federal and state constitutions: states amend faster and more often, giving citizens a practical path to entrench rights and policies locally, as seen in the post-Dobbs landscape.
If you care about real constitutional change—who proposes it, who ratifies it, and what makes it legitimate—this conversation is your guide. Subscribe, share with a friend who loves civics, and leave a review telling us which amendment you think could actually clear three-quarters of the states today.
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