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99% Invisible

Constitution Breakdown #8: Jill Lepore

99% Invisible

SiriusXM Podcasts and Roman Mars

Arts, Design

4.828.1K Ratings

🗓️ 27 March 2026

⏱️ 66 minutes

🧾️ Download transcript

Summary

Roman and Elizabeth discuss Article V, which lays out the process to amend the Constitution. Jill Lepore is our guest.

Transcript

Click on a timestamp to play from that location

0:00.0

This is the 99% of visible breakdown of the Constitution. I'm Roman Mars. And I'm Elizabeth

0:11.5

Joe. Today we are discussing Article 5, which lays out the ways to amend the Constitution.

0:17.4

And from the beginning of this series, we knew there was only one person we wanted to have for this episode, historian and writer Jill Lepore.

0:24.4

Jill is an American history professor at Harvard, a staff writer at The New Yorker, and author of one of my favorite books, Bees Truths, a history of the United States.

0:34.0

This fall she published a new book, We the People, a history of the U.S. Constitution,

0:38.6

and Jill tells the history of the Constitution through amendments, ones that succeeded and

0:43.0

ones that failed. Article 5 is just one long sentence. One long, boring sentence. Here it is.

0:50.7

The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments

0:55.5

to this Constitution, or on the application of the legislatures of two-thirds of the several

1:00.6

states shall call a convention for proposing amendments, which in either case, shall be valid

1:06.4

to all intents and purposes as part of this Constitution when ratified by the legislatures

1:11.5

of three-fourths of the several states, or by conventions in three-fourths thereof,

1:16.3

as one or the other mode of ratification may be proposed by the Congress.

1:20.6

Provided that no amendment shall be made prior to the year 1,808,

1:25.5

shall in any manner affect the first and fourth clauses in the ninth section of the

1:29.9

first article, and that no state without its consent shall be deprived of its equal suffrage in the

1:35.4

Senate. In her book, Jol Lippur argues that the Constitution is designed. It is truly meant

1:42.8

to be amended. And before we go any further, it's important to

1:46.8

define what a constitutional amendment really is, because the definition is broader than what

1:52.0

most people probably think. The word amendment just keeps taking on all these adjectives.

1:58.0

So legal scholars like to talk about formal Article 5 amendments.

2:04.3

And a formal Article 5 amendment is a constitutional amendment that is properly adopted and ratified

...

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