The Constitutional Amending Process: It’s Difficult because It’s Designed to Preserve the Constitution as Fundamental Law

Abstract

Although there are some written constitutions that have omitted one, a formal constitutional amending process is a fairly logical complement to a written constitution that is not, like the British unwritten constitution, changeable by ordinary legislative means. If the legislative branch does not have the authority to change the Constitution on its own, exactly how can it be changed? The Framers designed Article V to answer this question. Writers throughout early American history, who often used mechanical analogies, argued that the amending process served as a constitutional “safety valve” and a peaceful alternative for those who might otherwise seek constitutional or regime change through violent revolution.