ABSTRACT

The history of American progress is a history of amending America. The movement to overturn Citizens United is significant but it is not the only large-scale constitutional reform effort in the United States today. The amendment process is the most familiar procedure for constitutional reform. The construction of a majoritarian constitutional reform block in a society that is evermore plural involves significant engagement across class, racial, gender, geographic, age, ideological, and other boundaries. Constitutional review is the less formal and much more commonplace set of procedures through which various political actors have changed the federal constitution. If people are serious about constitutionalizing human rights and democracy, they should decide whether the path forward involves a series of amendments or a constitutional convention, as per the procedures of the US Constitution. Movement demands for human rights and collective liberation challenge the legitimacy of the existing order, and strengthen the case for democratization.