Jill Lepore Discusses America's Governing Change System: ‘It’s So Hard to Amend the US Constitution’

In her new book, titled We the People, the writer presents a comprehensive argument supporting America's founding document being a evolving text, created for updated with every generation.

A Profound Historical Critique of Originalist Theory

Lepore explains that her work is also “an in-depth historical critique of originalism,” that conservative legal doctrine that presently dominates the supreme court. Lepore contends that intense political polarization has rendered constitutional changes virtually politically unachievable.

Within originalists, exclusively the views of those that drafted the document in Philadelphia back in 1787 ought to serve to interpret constitutional intent, even 250 years later in a nation of cars, planes, automatic weapons, AI, rights granted to females as well as minorities—topics the founders could not foresee.

To the historian, as to numerous academics, this approach is clearly absurd.

“The originalist movement represents a weird bucket that holds multitudes,” Lepore stated. “However among the most simplistic versions of originalism is the insistence stating that this the way the document was drafted and was meant to be interpreted since its inception.”

Documentary Context and Secrecy

Lepore points out that the framer’s notes from that historic gathering weren't published till 1840, long after Madison’s death. Lepore notes how delegates took a 50-year vow of secrecy, indicating they were not supposed to disclose the details transpired during the convention because such information was not intended to matter document understanding.

Likewise, the state convention discussions are not especially definitive, while famous essays—written by Madison, Alexander Hamilton, along with John Jay—were published mainly within NY publications and weren't widely consumed beyond the region. These texts are rarely cited within the court for a very long time.

Contradiction and within the Conservative Group

The historian points out an interesting minor yet powerful contradiction: In 1982, conservative students founded the Federalist Society, a group that evolved into a driving force of originalist thought. For their emblem, the group selected James Madison’s silhouette. However, deeming his actual facial feature unappealing, they amended the image providing Madison a more refined appearance.

“I truly wanted to include that detail in there,” she stated, laughing. “This is a funny detail which speaks toward the adaptability inside a movement that claims to value original authenticity.”

Exploring the Research Initiative

The professor additionally discusses her work regarding the Amendments Project, a resource that provides a searchable archive containing each attempt to amend the founding document. As only 27 changes have actually been ratified, she views the project not as an archive of unsuccessful attempts instead as a study of possibility.

She emphasizes how young people often an awareness of civic opportunity, so examining even unsuccessful efforts can be energizing and informative.

Forgotten Figures and Their Struggles

Throughout the book, the author spotlights lesser-known American individuals that fought for societal reform. Among these include a Black abolitionist along with his wife, Mary Jones, who are prominent in pre-Civil War Black political gathering movement in Chicago.

She suggests how concentrating on such individuals—instead of just famous leaders like Douglass—allows audiences more easily imagine themselves taking part within political change.

An Living Document Made from History

The historian concludes with reiterating the vision of the constitution as a dynamic document—one constructed with “historical records and oak trees… parchment together with quill pens” but nonetheless entirely relevant and able to evolve.

Lepore voices optimism believing the document could still “come to life” via future eras that continue to engage with the amendment mechanism.

Margaret Wong
Margaret Wong

A thoughtful writer and life enthusiast passionate about sharing authentic stories and inspiring others through personal growth.