The U.S. Constitution, despite its remarkable endurance over more than two centuries, requires amendments to remain relevant in addressing contemporary issues and societal changes. Originally designed to establish a foundational framework for governance, it set out broad principles that have needed refinement and expansion to adapt to evolving political, social, and technological landscapes. For instance, as new civil rights challenges and social justice issues emerge, amendments are necessary to ensure that the Constitution addresses these concerns comprehensively and equitably. The relatively small number of amendments—just 27—reflects both the Constitution’s inherent strength and the deliberate process required to alter it, emphasizing the balance between stability and adaptability in the American legal system.
The rigorous amendment process deliberately established by the Constitution itself is a double-edged sword. It requires a significant consensus across both federal and state levels, ensuring that changes reflect broad national agreement and withstand partisan shifts. This high bar for amendment has contributed to the Constitution’s stability, making it a lasting document that provides consistency in governance. However, the difficulty of amending the Constitution can also lead to stagnation, where important updates are delayed or sidelined due to the complexities of garnering sufficient support. As a result, while the small number of amendments highlights the strength of the original framework, it also underscores the challenges of adapting constitutional provisions to modern realities.
Besides the national constitution, every state has its own individual constitution. These are much longer documents that tackle a broader range of legal issues. They are much easier to amend, with some states having passed hundreds of amendments. Alabama currently sets the high water mark with 950 amendments.
In comparison, amending the national constitution is extremely difficult. First, the amendment must pass in both the House of Representatives and the Senate by a two-thirds vote. Since it hard to get two-thirds of any group of politicians to agree on loving their mothers, but even less anything else, this is a high hurdle. Should the proposed amendment secure congressional approval, it then has to be ratified by three-fourths of the state legislatures. I’m not sure that three-fourths of the state legislatures are staffed by politicians who ever had mothers
With the difficulty involved in passage and ratification of a proposed amendment, you can understand why the Constitution has only been amended 27 times and why it is highly unlikely that the constitution will be amended any time soon. There are no currently pending amendments passed by Congress likely to be ratified by state legislatures in the near future.
There are, however, six amendments that have been passed by Congress that could—but won’t—be passed by the state legislatures. They are still on the books and if a miracle (or six) happened, they would become laws. One of these amendments is the Equal Rights Amendment—an Amendment that has been pending ratification for decades and is still unlikely to pass anytime soon.
Among the other comatose amendments are two amendments that were supposed to become the 13th Amendment. These are not the amendment that was ratified in December 1865, that eliminated slavery in the United States, but earlier amendments that were passed by Congress and were ratified by a few states, then simply fell into legal limbo. They are not laws, but are still valid pending amendments. If sufficient states were to suddenly choose to ratify these laws, they would become valid constitutional amendments to the United States Constitution.
The reason for the proposed amendment was, of course, Napoleon…Jerome Napoleon, the youngest brother of Napoleon Bonaparte, married an American woman, Betty Patterson of Baltimore. Their son, Jérôme Napoléon "Bo" Bonaparte, was both an American citizen and an heir to the Bonaparte royal line. Though Emperor Napoleon I annulled the marriage by royal decree, it was later restored by Emperor Napoleon III.
Fearing some form of future royal political career for the young Bonaparte, or the creation of a Legion of Honor with ties to Europe, the proposed amendment was passed by Congress and came close to being ratified by a sufficient number of states to become a valid amendment. The confusion about the number of states necessary to ratify the amendment became confusing as new states were rapidly joining the union, causing some 19th century law books to mistakenly state that it had become law. Today, ratified by 12 states, it still needs the ratification of an additional 26 states to become law.
The “other” 13th Amendment is the Corwin Amendment, which has been adopted by Congress but also lacks ratification by enough states to become a valid amendment. It was proposed by Ohio Senator Thomas Corwin in 1861 and was quickly passed by Congress in the time between Abraham Lincoln’s election and his inauguration. Today, the Corwin Amendment is also known as the “Ghost Amendment”.
The Corwin Amendment was passed in response to the escalating tensions between the Northern and Southern states in the lead-up to the American Civil War. At the heart of the amendment was an attempt to prevent the dissolution of the Union by addressing Southern concerns about the federal government's slowly growing power over slavery. The amendment was designed to provide a constitutional guarantee that Congress would not interfere with slavery in states where it already existed, aiming to reassure Southern states that their way of life and economic interests would be protected. The hope was that this concession might persuade Southern states to reconsider their secessionist stance and remain within the Union.
Additionally, the Corwin Amendment was part of a broader effort to seek a compromise that would preserve the Union and avoid the impending conflict. The political climate was desperate, war was imminent, and many leaders believed that some form of compromise was essential to prevent the fragmentation of the nation. By offering constitutional protection for slavery, the amendment sought to address one of the most contentious issues of the time, hoping to defuse the immediate crisis and create a basis for dialogue.
Support for the bill came from both the North and the South. Though Lincoln never openly supported the bill, he did make sure that copies of it were sent to the legislatures of Southern states, hoping that those states might choose ratification over secession. President Jame Buchanan, still president until March 4, 1861, wholeheartedly supported the measure and insisted on signing the legislation even though there was no legal reason to do so.
The proposed amendment was ratified by only five states—far short of the number necessary for it to become law. Southern states chose secession, and the Civil War was the result. Even though three of the five states later rescinded their ratification (a process of dubious legality), the adopted amendment could still become law if ratified by enough states.
The adopted amendment states:
No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
The Corwin Amendment, like the original U.S. Constitution, carefully avoids the use of the word “slavery”, substituting instead the euphemisms “domestic institutions” and “involuntary servitude”.
Even today, if sufficient states were to ratify the Corwin Amendment, it would become the 28th Amendment and would invalidate the 13th Amendment, returning slavery or involuntary servitude to those states whose state constitutions have not specifically outlawed the practice. Those states are Alabama, Arkansas, California, Georgia, Indiana, Iowa, Kansas, Kentucky, Oregon, Tennessee, and Vermont.
Although there is almost no chance that another two dozen states will ratify the Corwin Amendment, maybe it is time for those remaining eleven states to amend their state constitutions.
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