Portal:Corporate Rights/How to Amend the Constitution

How do you amend the U.S. Constitution?

1. Traditional legal answer: A constitutional amendment can be proposed by either a "yea" vote by two-thirds of both houses of Congress or a vote by two-thirds of the state legislatures to request a national convention. (The latter method has not yet succeeded.) Any proposed amendment that passes this hurdle then requires three-fourths of the states (38 states) to ratify it. These methods for amendments are described in Article V of the Constitution. (Twelve amendments were approved in the last century.)

2. Modern legal realist answer: The Constitution is more frequently "amended" by a vote of at least five unelected elites on the Supreme Court who re-interpret its provisions, and change the law by judicial fiat (such as the deeply flawed Supreme Court decision dictating that corporations are entitled to the same free speech rights as real people or that spending money should be considered the same as freedom of speech). The current court has six justices appointed by Republican presidents and three by Democratic presidents.

But how can an ordinary person really help change the Constitution in this day and age? Together, we can help create momentum to pressure legislators and influence the courts through passing local and state resolutions to restore the rights of people to control and regulate corporations, town by town, city by city, and state by state. You can take action to support grassroots efforts to amend the Constitution.

For example, at least 35 states have a ballot initiative process that, in general, allows a relatively small number of residents to get an issue on the ballot directly for a vote in that state. Successful ballot measures can create pressure and demonstrate the power of citizens to demand changes. If you live in one of the following states with a ballot initiative process, you might be able to help:

Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Washington, or Wyoming

Before such initiatives can be pursued, local resolutions are essential to help build awareness and strength. Even if your state does not have an initiative process, you could still help press for town and city council resolutions affirming the rights of people to regulate corporations, or press the state legislature to place the issue on a statewide ballot. If you want to volunteer to help in your city or state, you can volunteer here.