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Should the U.S. Constitution and Bill of Rights be altered or updated in any way?

Candidates' positions are categorized as Pro (Yes), Con (No), Not Clearly Pro or Con, or None Found.
Candidates who have changed their positions are listed as Now their most recent position.
(Candidates are listed in alphabetical order by party; black & white photos indicate candidates who have withdrawn or who no longer meet our criteria.)

Democratic Party (D)
Candidate
Position
  Clinton, Hillary
None Found
  Obama, Barack
Not Clearly Pro or Con
  Biden, Joe
(Withdrew on
Jan. 3, 2008)
Pro
  Dodd, Chris
(Withdrew on
Jan. 3, 2007)
Not Clearly Pro or Con
  Edwards, John
(Withdrew on
Jan. 30, 2008)
None Found
  Kucinich, Dennis
(Withdrew on
Jan. 25, 2008)
Pro
  Richardson, Bill
(Withdrew on
Jan. 10, 2008)
Pro
  Vilsack, Tom
(Withdrew on
Feb. 23, 2007)
None Found
Republican Party (R)
Candidate
Position
  McCain, John
Pro
  Paul, Ron
Pro
  Brownback, Sam
(Withdrew on
Oct. 19, 2007)
None Found
  Gilmore, Jim
(Withdrew on
July 14, 2007)
None Found
  Giuliani, Rudy
(Withdrew on
Jan. 30, 2008)
Pro
  Huckabee, Mike
(Withdrew on
Mar. 4, 2008)
Pro
  Hunter, Duncan
(Withdrew on
Jan. 19, 2008)
Pro
  Romney, Mitt
(Withdrew on
Feb. 7, 2008)
Pro
  Tancredo, Tom
(Withdrew on
Dec. 20, 2007)
Pro
  Thompson, Fred
(Withdrew on
Jan. 22, 2008)
Pro
  Thompson, Tommy
(Withdrew on
Aug. 12, 2007)
None Found
3rd Parties / Independents (3rd/I)
Candidate
Position
 Mike Gravel
 (Lib)
Pro
 Keyes, Alan
 (Ind)
Pro
 McKinney, Cynthia
 (Grn)
None Found
 Nader, Ralph
 (Ind)
Pro
  Imperato, Daniel
(No longer met criteria
on Mar. 21, 2008)
Con
  Kubby, Steve
(No longer met criteria
on Mar. 21, 2008)
Not Clearly Pro or Con
  McEnulty, Frank
(No longer met criteria
on Mar. 21, 2008)
Pro
  Smith, Christine
(No longer met criteria
on Mar. 21, 2008)
Con


ISSUES
Abortion
1. Legal option
2. Parental consent
Character
3. Honesty vs. competence
China
4. Threat to U.S.?
5. Human rights

Criminal Justice
6. Felon voting
7. Rehab vs. incarceration
Cuba
8. Embargo
Darfur
9. Genocide

Death Penalty
10. Legal option

Defense
11. Missile defense shield

District of Columbia
12. Statehood

Economy
13. Outsourcing jobs
14. Free trade regulations
15. NAFTA

Education
16. No Child Left Behind
17. Increasing costs
18. School vouchers
19. Abstinence only

Election Reform
20. Paper trails
21. Campaign contributions
22. Public financing

Eminent Domain
23. Non-government use

Energy
24. ANWR drilling
25. Price of U.S. gasoline

Environment
26. International agreements
27. Fuel efficiency
28. Global climate change

Gun Control
29. Federal regulations

Health Care
30. Subsidized care
31. Prescription options
32. Fast food and obesity

Immigration
33. Net impact on economy
34. Rights and benefits
35. U.S.-Mexico fence

Iran
36. U.S. military force
Iraq War
37. Was the attack a mistake?
38. Is America safer?
39. Withdrawal timetable

Israel
40. Military and economic aid

Israeli-Palestinian conflict
41. Hamas
42. Palestine

Kosovo
43. Independence

Marriage
44. Constitutional amendment
45. Infidelity

Media
46. Protecting sources

Medical Marijuana
47. Legalization
48. Raids

National I.D.
49. National I.D. card

National Service
50. Draft
51. Gays in the military
52. Mandatory service

Presidential Power
53. Line item veto
54. Unitary executive theory

Religion
55. Faith-based funding
56. Importance to voters

Social Security
57. Privatizing

Stem Cells
58. Federal funding

Taxes
59. Bush tax cuts

Turkey
60. Entering Iraq

U.S. Constitution
61. Alteration

War on Terror
62. Waterboarding
63. Guantanamo Bay
64. PATRIOT Act
65. Warrantless wiretapping



Should the U.S. Constitution and Bill of Rights be altered or updated in any way?

Candidates are listed in alphabetical order. Positions are categorized as Pro (Yes), Con (No), Not Clearly Pro or Con, or None Found.
Candidates who have withdrawn or who no longer meet our
criteria are listed last.

   Pro (Yes)    Con (No)

          Clinton, Hillary (D) - None Found

ProCon.org emailed the Clinton campaign on Oct. 10, 2007 with this question. We had not received a reply or found a position as of Oct. 30, 2007.

 

Top
   Gravel, Mike (Lib) - Pro

Mike Gravel, former U.S. Senator (D-AK), issued the following statement through his press secretary, Alex Colvin, in a Oct. 19, 2007 email to ProCon.org:

"Yes, we need a Constitutional Amendment empowering Americans to vote directly on the legislation that affects their lives. The National Initiative for Democracy does just that."
Oct. 19, 2007 Mike Gravel


Top
   Keyes, Alan (Ind) - Pro

Alan Keyes, former Assistant U.S. Secretary of State, stated in an article titled "Abortion / Life Issues" on his official candidate website (accessed Apr. 7, 2008):

"In addition to overturning Roe v. Wade, we need a Human Life Amendment that respects life and restores our respect for the will of God."
Apr. 7, 2008 Alan Keyes


Top
   McCain, John (R) - Pro

John McCain, U.S. Senator (R-AZ), stated in an Apr. 28, 1999 article titled "Statement of Senator John McCain on the Flag Protection Amendment Before the Senate Committee on the Judiciary" on the U.S. Senate Judiciary website:

"It is with great honor and reverence that I speak in support of Senate Joint Resolution 14, a bipartisan constitutional amendment to permit Congress to enact legislation prohibiting the physical desecration of the American flag."
Apr. 28, 1999 John McCain


Top
            McKinney, Cynthia (Grn) - None Found  
 
ProCon.org emailed the McKinney campaign on Mar. 26, 2008 with this question. We had not received a reply or found a position as of Apr. 11, 2008.
 


Top
   Nader, Ralph (Ind) - Pro

Ralph Nader, attorney, author, and political activist, stated in a Now interview on a YouTube video titled "Ralph Nader on International Trade, NAFTA, and the WTO" (accessed Apr. 10, 2008):

"So the key here is a constitutional amendment...that decides that the sovereignty of the people has to be supreme over the power of the corporations who must be our servants, not our masters."
Apr. 10, 2008 Ralph Nader


Top
         Obama, Barack (D) - Not Clearly Pro or Con

Barack Obama, U.S. Senator (D-IL), in an article titled "Ending the War in Iraq" on his official candidate website (accessed Aug. 15, 2007), stated:

"The Framers made it difficult to amend the Constitution because our founding document should not be changed just because of political concerns or temporary problems. And even the strongest supporters of this amendment are hard-pressed to find more than a few instances of flag burning each year. Those problems were left to be solved through legislation, and I support legislation introduced by Senator Durbin [S.AMDT.4543 to S.J.RES.12] that makes it illegal to burn the flag without changing the Constitution. The Constitution has only been amended 27 times. These amendments include guarantees of our most basic freedoms, the freedom of religion, the right to a trial by jury, the protection against cruel punishment...

As Richard Savage of Bloomington, Illinois wrote to me, 'I am a Vietnam veteran and Republican...Those who would burn the flag destroy the symbol of freedom, but amending the Constitution would destroy part of freedom itself.' Mr. Savage is right, which is why I will vote against this amendment. Senator Durbin's amendment is a way forward to balance our respect for the flag with reverence for the Constitution."
Aug. 15, 2007 Barack Obama


Top

   Paul, Ron (R) - Pro

Ron Paul, U.S. Representative (R-TX), in a May 28, 2007 article titled "Dr. Paul's Writings: Immigration 'Compromise' Sells Out Our Sovereignty" on his official campaign website, stated:

"Additionally, one of the most absurd incentives for people to come to the US illegally is the promise of instant US citizenship to anyone born on our soil. That is why when Congress returns next week I will be re-introducing my Constitutional amendment to deny automatic citizenship to individuals born on US soil to parents who are not US citizens or who do not owe permanent allegiance to the United States."
May 28, 2007 Ron Paul

CANDIDATES WHO HAVE WITHDRAWN OR WHO NO LONGER MEET OUR CRITERIA
    Biden, Joe (D) - Pro

Joe Biden, U.S. Senator (D-DE), stated in a Mar. 26, 2001 press release titled "Biden Calls for Constitutional Amendment 'To Fix Our Broken System'":

"Campaign spending has spiraled wildly out of control and will continue unabated unless we pass fundamental reforms. We've got to limit the amount of money spent on campaigns, and that requires a constitutional amendment, a measure we should employ only when it's essential and when there is no alternative. With a crisis of public confidence in our politics and government, we must take bold and swift action to fix our broken system."
Mar. 26, 2001 Joe Biden


Top
     Brownback, Sam (R) - None Found  
Withdrew on Oct. 19, 2007; no position found as of that date


Top
         Dodd, Chris (D) - Not Clearly Pro or Con

Chris Dodd, U.S. Senator (D-CT), in a June 7, 2006 article titled "Floor Statement of Senator Chris Dodd on Marriage Protection Amendment" on his official candidate website, stated:

"The Framers deliberately made it difficult to amend the Constitution. They did not intend it to be subject to the passions and whims of the moment. Time has proven their wisdom. Since 1789, when the first Congress was convened, there have been 11,413 proposals to amend the Constitution. Sixty-four have been offered in this Congress alone. Luckily, only 27 have been successful. If all or even a substantial fraction of these proposed amendments were adopted, our founding document would today resemble a Christmas tree, a civil and criminal code rather than a constitution, and the United States would be a very different Nation.

It is unfortunate that the majority leadership of the Senate does not share James Madison's view that the Constitution should only be amended 'for certain, great, and extraordinary occasions.'"
June 7, 2006 Chris Dodd


Top
 
   Edwards, John (D) - None Found
 
  No position found as of Oct. 30, 2007. ProCon.org also emailed the Edwards campaign on Oct. 10, 2007 with this question. They did not respond to our email or follow up call.

 

Top
     Gilmore, Jim (R) - None Found  
Withdrew on Aug. 14, 2007; no position found as of that date


Top
   Giuliani, Rudy (R) - Pro

Rudy Giuliani, former Mayor of New York City, offered the following in an article titled "12 Commitments" on his official candidate website (accessed Oct. 30, 2007):

"Propose a Constitutional Amendment Establishing a Presidential Line-Item Veto: A constitutional line-item veto would allow the President to fight for the national interest by cutting wasteful special interest programs without contributing to gridlock by vetoing an otherwise sound bill."
Oct. 30, 2007 Rudy Giuliani


Top
   Huckabee, Mike (R) - Pro

Mike Huckabee, former Governor of Arkansas, stated in an article titled "Issue: Marriage" on his official campaign website (accessed Oct. 31, 2007):

"I support and have always supported passage of a federal constitutional amendment that defines marriage as a union between one man and one woman. As President, I will fight for passage of this amendment."
Oct. 31, 2007 Mike Huckabee


Top
   Hunter, Duncan (R) - Pro

Duncan Hunter, U.S. Representative (R-CA), in an article titled "Core Principles" on his official candidate website (accessed Nov. 28, 2007), stated:

"I would amend the U.S. Constitution and provide blanket protection to all unborn children from the moment of conception by prohibiting any state or federal law that denies the personhood of the unborn. Likewise, I have also introduced the Right to Life Act, which would legally define 'personhood' as the moment of conception and, therefore, guarantee all constitutional rights and protections, including life, to the unborn without utilizing a constitutional amendment."
Nov. 28, 2007 Duncan Hunter


Top
   Imperato, Daniel (3rd/I) - Con

Daniel Imperato, an Independent candidate and business entrepreneur, issued the following statement through his press secretary, Joseph Oddo, in a Nov. 30, 2007 email to ProCon.org:

"No, it does need to be upheld not violated."
Nov. 30, 2007 Daniel Imperato


Top
         Kubby, Steve (3rd/I) - Not Clearly Pro or Con

Steve Kubby, founder of the American Medical Marijuana Association, stated in an Oct. 29, 2007 email to ProCon.org:

"The only update I can think of which is called for is acknowledging and enforcing the Bill of Rights instead of allowing it to wither as we've been doing for a century or more now."
Oct. 29, 2007 Steve Kubby

Top
   Kucinich, Dennis (D) - Pro

Dennis Kucinich, U.S. Representative (D-OH), was pro legislation amending the Constitution:

Voted YES on "Proposing an Amendment to the Constitution of the United States Authorizing the Congress to Prohibit the Physical Desecration of the Flag of the United States" (H.J.Res.4)
June 3, 2003 "Proposing an Amendment to the Constitution of the United States Authorizing the Congress to Prohibit the Physical Desecration of the Flag of the United States" (H.J.Res.4) (PDF) 22 KB


Top
   McEnulty, Frank (3rd/I) - Pro

Frank McEnulty, President of Our Castle Homes, in an Oct. 30, 2007 email to ProCon.org, stated:

"I believe that given our current illegal immigration problems that the time has arrived to review the process of allowing anyone born here to instantly become a citizen regardless of the citizenship of their parents."
Oct. 30, 2007 Frank McEnulty


Top
   Richardson, Bill (D) - Pro

Bill Richardson, Governor of New Mexico, stated in a Sep. 26, 2007 press release titled "Governor Bill Richardson Stands Alone on Ending the War in Iraq at NBC/DNC [National Broadcasting Company/Democratic National Committee] Debate in New Hampshire":

"I am for a constitutional amendment to balance the budget within five years."
Sep. 26, 2007 Bill Richardson


Top
   Romney, Mitt (R) - Pro

Mitt Romney, former Governor of Massachusetts, stated in an article titled "Ask Mitt Anything: Traditional Marriage (Mitt TV)" on his official campaign website (accessed Oct. 25, 2007):

"I support an amendment to our constitution which defines marriage as a relationship between a man and a woman... I supported a constitutional amendment at the federal constitution level to say a marriage is between a man and a woman... I'm not in favor of civil unions or same sex marriage."
Oct. 25, 2007 Mitt Romney


Top
   Smith, Christine (3rd/I) - Con

Christine Smith, a Libertarian candidate and a social and political activist, stated in a Nov. 12, 2007 email to ProCon.org:

"No. My focus is first restoring the rights the U.S. Constitution and Bill of Rights were meant to protect. Let's restore them first before we discuss 'updating.'"
Nov. 12, 2007 Christine Smith


Top
   Tancredo, Tom (R) - Pro

Tom Tancredo, U.S. Representative (R-CO), in an article titled "Issues: Gay Marriage" on his official campaign website (accessed Nov. 1, 2007), stated:

"Federalism concerns make a constitutional amendment protecting traditional marriage an avenue of last resort, Unfortunately, intellectually dishonest activist judges have left us no choice.

Activist courts have ignored the principal legal argument that the state's interest in marriage is procreation. Population is power. Society needs a young generation to defend the country in battle, to support its programs with taxes and to carry on its culture and traditions. The mere fact that two people are in a loving relationship does not matter to the state. Society supports traditional marriage because it is the only union which, in the ordinary course, leads to children, without the intervention of a third party."
Nov. 1, 2007 Tom Tancredo


Top
   Thompson, Fred (R) - Pro

Fred Thompson, former U.S. Senator (R-TN), stated in an Oct. 19, 2007 article titled "Fred Thompson Speaks to the Value Voters Summit" on his official candidate website:

"The latest example of that [judicial activism] has to do with the same-sex marriage issue, where judges have taken it upon themselves to take something that has been the case since the dawn of civilization, and that is the recognition that marriage is between a man and a woman -- turned it on its head.

When I was in the Senate, we fought for the Defense of Marriage Act, passed that act, basically defining marriage as between a man and a woman, and saying one state, if they do such a thing, does not have to be recognized by another state when someone moves to that new state.

This is a totally judicially created problem. I propose a constitutional amendment which will stop this particular brand of judicial activism in its tracks."
Oct. 19, 2007 Fred Thompson


Top
     Thompson, Tommy (R) - None Found  
Withdrew on Sep. 12, 2007; no position found as of that date


Top
     Vilsack, Tom (D) - None Found  
Withdrew on Feb. 23, 2007; no position found as of that date

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