Why haven't there been more amendments?

Why haven't there been more amendments to the Constitution? In large part, credit for the absence of more amendments can be given to the ingenuity of the Framers of the constitution and the flexibility they built into the document. As has been noted, in many instances the Constitution was left intentionally vague, leaving particular aspects of the document for future generations to interpret.

Unsuccessful Amendments

Several suggested, and even formally proposed, amendments have been unsuccessful. These are some of the more prominent unsuccessful amendments.

Limitation on the Size of the House of Representatives

One of the original amendments proposed by Madison would have limited the number of House members to not more than one per fifty thousand citizens (the current ratio is approximately 1:600,000).

Equal Rights Amendment (ERA)

This proposal stated that "Equality of rights under the law shall not be denied or abridged [. . .] on account of sex." It failed to win support of three-fourths of the state legislatures.

The following suggested amendments have never been formally proposed to Congress, but several votes have been held on each in both houses.

Balanced Budget Amendment

A balanced budget would mean that the government couldn't spend more than they collected. Various versions exist, but all would require a balanced budget each year.

Anti-Flag Burning Amendment

This would forbid burning of the American flag.

Ban on Gay Marriage

This would limit the national government's definition of marriage to male-female unions and would not require states to recognized same-sex unions formed in other states.

Religious Freedom Amendment

This suggested amendment would restore religious freedoms which have been limited by a series of Supreme Court decisions.

There has also been a general reluctance to include in the Constitution things that could reasonably be accomplished without amending the Constitution. For example, there has been an ongoing debate for decades about whether the Constitution should be amended to require Congress and the president to balance the national budget each year. However, many people have argued that including a balanced budget provision in the Constitution is unnecessary because Congress and the president should balance the budget without being compelled to do so. Others have further argued that a balanced budget amendment would limit the ability of the national government to respond to crises such as wars and natural disasters. Still others have warned that including any reference to the budget in the Constitution might invite the Supreme Court's involvement in the budget process, skewing the balance of powers so carefully established by the Framers. Similar concerns have been raised about other proposed amendments to the Constitution.