There have been only two amendments to the U.S. Constitution over the past 50+ years (one of which is the subject of this story).
Why? Partly because the Supreme Court has been very willing to discover hidden rights within the existing amendments, decreasing the need for states to go through the very arduous process of getting a new amendment over the finish line.
That might seem like a fine way to handle things ... if the court is discovering constitutional rights that are in line with your views.
But this workaround puts a LOT of power into the hands of the nine justices who control the judicial branch. Amending the constitution was purposefully designed to be harder to do than passing normal legislation, which requires a majority of Congress plus the president's signature. But in many pivotal cases over the past five decades, just five justices decided the outcome.
Why? Partly because the Supreme Court has been very willing to discover hidden rights within the existing amendments, decreasing the need for states to go through the very arduous process of getting a new amendment over the finish line.
That might seem like a fine way to handle things ... if the court is discovering constitutional rights that are in line with your views.
But this workaround puts a LOT of power into the hands of the nine justices who control the judicial branch. Amending the constitution was purposefully designed to be harder to do than passing normal legislation, which requires a majority of Congress plus the president's signature. But in many pivotal cases over the past five decades, just five justices decided the outcome.