In declaring his support for a constitutional amendment that would forbid same-sex marriage, President Bush is repudiating more than 200 years of American theory and practice. His proposal is radically inconsistent with the nation's traditions. Whatever it is, there is one thing that it is not: conservative.
Since its ratification in 1789, the Constitution has been amended only 27 times. Nearly every amendment falls into one of two categories. Most of them expand individual rights. The rest attempt to fix problems in the structure of the national government itself.
The first 10 amendments, ratified in 1791, make up the Bill of Rights, which guarantees liberties ranging from freedom of speech, assembly and religion to protection of private property and freedom from cruel and unusual punishments.
In the aftermath of the Civil War, three new amendments were ratified: to prohibit slavery, guarantee African Americans the right to vote, and assure everyone the "equal protection of the laws." During the 20th century, several amendments expanded the right to vote -- granting that right to women (1920) and to 18-year-olds (1971), forbidding poll taxes (1964) and allowing the District of Columbia to be represented in the electoral college (1961).
Many other amendments fix problems in the structure of the government. An early amendment, ratified in 1804, specifies the rules for the operation of the electoral college. In 1913, the Constitution was changed to require popular election of senators; in the same year, an amendment authorized Congress to impose an income tax.
A 1951 amendment, responding to Franklin Roosevelt's four terms as president, bans the president from serving more than two terms. A closely related amendment from 1967 specifies what happens in the event that the president dies or becomes disabled while in office.
Do any amendments fall outside of these categories? Just two, and they're not impressive precedents. In 1919, the 18th Amendment prohibited the sale of "intoxicating liquors." The 21st Amendment repealed the 18th.
What accounts for our remarkable unwillingness to amend the Constitution except to expand rights and to fix structural problems?
