Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty

• DOI: 10.2139/ssrn.2432520
• Publication Date: 2014-05-14T11:03:08Z
• Authors: Tom Ginsburg; James Melton
• Keywords: Amendment; Constitutional amendment; Search and seizure

It is often asserted that the United States' Constitution world's most difficult to amend. But how do we really know this? This paper unpacks tricky methodological issues in measuring flexibility cross-nationally. We find various metrics of amendment difficulty offered literature are poorly correlated, suggesting potential validity problems. illustrates a general challenge institutional accounts constitutional behavior. Institutions surely matter, but explanations are, like all explanations, always partial. For some matters, behavior may be more driven by political or social factors can overcome powerful force incentives. argue an example just such and provide alternative theory difficulty, key element which culture. Drawing on new data, develop simple indicator culture show empirically this does better job explaining observed patterns within systems than any indices variables offer. Our article thus offers both critique existing way toward understanding why vary their rates amendment.