The Paradox of Constitutional Amendment

Can the U.S. Constitution be amended to change the way it amends itself ?

Article V of the U.S. Constitution requires that an amendment be ratified by three-fourths of the states. Could they change this requirement to 90 percent? Or declare that the president can amend the constitution at his whim? Or abolish amendments altogether?

“If legal rules that authorize change can be used to change themselves, then we have paradox and contradiction; but if they cannot be used to change themselves (and if there is no higher rule that could authorize their change), then we have immutable rules,” writes Earlham College philosopher Peter Suber. “Paradox and immutability should create an uncomfortable dilemma for jurists and citizens in western legal systems. It appears that we must give up either a central element of legal rationality or a central element of democratic theory.”

Next
YOU MIGHT ALSO LIKE

Notes on Anosmia

John Wilson

One morning several years ago, as my wife, Wendy, and I were having breakfast together, I had…

Empire of Unreality

Algis Valiunas

Shiva Naipaul (1945–1985) was the author of three novels and two books of mordant dispatches from places…

The Dreadful Christ of Pär Lagerkvist

Peter J. Leithart

It’s dangerous to meet a god,” says the disgraced Pythia in Pär Lagerkvist’s The Sibyl. Her observation…