We Need a Constitutional Convention Every 40 Years

A Proposal for a 28th Amendment

April 2025 (updated September 2026)

The U.S. Constitution has been guiding our democracy for 239 years. That’s impressive. But it has never undergone a comprehensive review. That’s problematic. Especially for a country that has become so polarized and unsure of its footing.

We need a 28th Amendment: one that mandates regular constitutional conventions, including essential procedural detail, and with no limitations on subjects for consideration.

The Constitution had obvious imperfections right from the outset and deficiencies that became apparent over time (as well as features that remain ongoing subjects of debate). Yet there have been only 27 amendments—including the 10 comprising the Bill of Rights. Article V makes ad-hoc amendments difficult, and revisions via the convention route too uncertain.

There is nothing radical about this proposal. Making mid-course corrections is a common-sense way we deal with life. So as we learn from our experience with the design of our government, as our circumstances and possibilities change (be they promising or concerning), and as our values evolve, why not regular, deliberate re-assessments of the Constitution in order to strengthen our democratic framework?

The questions are fundamental. Where is the Constitution working well and should be left as is? Where is it unclear, inadequate, ineffective, unfair, or shortsighted? And what should be done about these deficiencies?

Consider, for example, the Second Amendment, an incomprehensible mishmash. If we claim a right to bear arms, shouldn’t the provision be clearer and applicable to today’s society? Wouldn’t a convention provide an opportunity to articulate a nuanced stance most modern-day Americans can live with?

There are also familiar systemic concerns. For instance, does the balance of power among the federal government’s three branches need fine-tuning? Should the Electoral College be reformed, replaced, or left unchanged? (This question might be resolved in conjunction with a consideration of whether we’d be better off with a multi-party system.)

More broadly, how should the Constitution address values that are cherished, but viewed in various ways, like freedom, security, privacy, community, and opportunity? And can it guide us toward a sensible balance between our current desires and our obligation to future generations?

Still, the thought of holding such a convention, even once, makes many people uneasy. Who knows what it might produce?

Yet inaction doesn’t serve us well—especially at the risk of stagnation.

The first step is ensuring these conventions gain the American people’s trust.

Trust means the way each convention is organized and conducted has integrity, playing no favorites and minimizing undue influence from vested interests.

Trust also means that as in 1787, the convention’s work is undertaken by some of the most widely respected and experienced people among us. Delegate partisanship takes a back seat to delegate quality.

This proposal is premised on a spirit of compromise and unity rather than winners and losers. It seeks to make changes the vast majority of Americans, regardless of philosophical stripe, can support and feel invested in.

To that end, I recommend a mechanism with the following core elements*:

No public officials can serve as Convention delegates.
Each state (including the District of Columbia for this purpose) is represented by 3 delegates, a total of 153 delegates.
Each one of a state’s two legislative bodies selects a single delegate. In Nebraska and Washington, DC, the one-body legislature selects both.
The selection of each delegate requires an 80% supermajority. This virtually ensures that for at least 2/3 of the states, one or both delegates chosen by the state legislature will need the support of both Democratic and Republican legislators.
The first two delegates choose the 3rd delegate. This further ensures philosophical accommodations and creates an opportunity to add another perspective reflecting that state’s population and circumstances.
Each proposal under consideration by the Convention requires a majority vote of the delegations for approval.
Once the Convention has passed its set of proposals, Congress can offer changes to those ideas through a 2/3 vote in both the House and Senate.
If Congress offers any changes, the Convention can re-convene. It can accept Congress’ changes or revise them, or restore its own version. If the Convention does anything other than accept Congress’ changes, it would have a higher bar to clear than before, requiring the support of 2/3 of its delegations, not merely a majority.
Ratification of the revised Constitution is achieved through a majority vote of the American people. This would serve as a one-person, one-vote complement to the state-based process for proposing changes.

So, how frequently should we undertake this exercise? Notwithstanding Thomas Jefferson’s call for a Constitutional overhaul once a generation, it would be wise to space the conventions fairly far apart, perhaps every 40 years. These gatherings—including the steps preceding and following them—would disrupt the normal workings of government. It will also take time for new Constitutional provisions to become established, demonstrate their strengths and weaknesses, and earn the public’s trust.

This idea was conceived over an extended period, not as a response to the chaos and uncertainty we’re now living with. A periodic review process would be warranted regardless of who occupied the White House. That said, the topic is especially timely, and the proposal maybe more compelling, in light of the national soul-searching demanded by Donald Trump’s Presidency.

Passing this 28th Amendment would be challenging. But it would be worth the effort. A regularly updated Constitution would keep our system of government modernized, nudge us toward a more common vision, and possibly contribute to greater civility in our public discourse.

It’s a path to maintaining a dynamic democracy for another 239 years and beyond.

* For full details, see the list below.

Elements of the 28th Amendment

September 2026

A 28th amendment would be based on the following elements:

This amendment, replacing Article V’s convention option, mandates a Constitutional Convention be held every 40 years.
Each state (including the District of Columbia for this purpose) will be represented by 3 delegates. However, no one who served as a state or federal elected public official during the 5 years prior to the start of the Convention may serve as a Convention delegate.
Each one of a state’s two legislative bodies will select a single delegate. In Nebraska and Washington, DC, the one-body legislature will select both.
The selection of each delegate chosen by a legislative body will require an 80% vote of support by the voting members of that body.
Each state’s first two delegates will choose its 3rd delegate.
No legislative body may dictate any action of a delegate representing that state.
Except as otherwise indicated, the delegates will be the sole determinants of the Convention’s procedures and agenda, including matters related to public and press accessibility.
Each proposed Constitutional amendment, as defined by the Convention, will require for approval a majority vote of the voting delegations. At its initial Convention, by the same vote, one of the proposals must detail a uniform process by which federal and state legislative districts will be designed going forward, notwithstanding any other electoral responsibilities assigned to the states.
Once the Convention has passed its set of proposed amendments, Congress may offer changes to any or all of these proposals through a 2/3 vote in both the House and Senate.
If Congress offers any changes to the Convention’s proposals, the Convention may re-convene to consider the recommendations. It can accept any or all of them (through a majority vote or inaction) or revise them, or restore its own language. If the Convention wishes to revise a given recommendation or restore its own language, this will require the support of 2/3 of its delegations.
The Convention will present its amendment proposals to the American public in the form of a single package to be considered for ratification.
The Convention is authorized to set timelines related to Congress’ review and recommendations and the public’s review and ratification vote, but it may defer to Congress as it sees fit.
Ratification of the package of proposals will be achieved if it secures a majority vote of the participating American electorate. The Convention will determine the process by which each state’s vote count is submitted and the national totals are calculated and certified.
This Amendment to the Constitution will take effect upon being ratified per the Constitution’s Article V requirements or on January 20, 2029, whichever is later.
For the initial Convention, in order to participate, a state must choose its delegates within 60 days of this Amendment’s effective date or by the date the State of Delaware chooses its delegation, whichever is later. The Delaware delegation will organize the Convention’s first meeting, including setting its date, time, and location.
Prior to its final adjournment, the initial Convention will establish guidelines for setting the convening date of subsequent Conventions at 40-year intervals.