Measure 36

Started by RaventheOnly5 pages

Originally posted by MC Mike
The Amendment Process

There are essentially two ways spelled out in the Constitution for how it can be amended. One has never been used.

The first method is for a bill to pass both halves of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be approved by three-fourths of states. The amendment as passed may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.

It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification.

Source: http://www.usconstitution.net/constam.html#process

✅ essentially both are the same... 😕 other then the state legislature compared to the popular vote. And the pres can only like in laws suggest to a congressmen to set forth the guidlines to propose the Amendment process.

Ways to amend the Constitution:

1. Amendment is proposed by 2/3 of the House and Senate

Then it must be ratified by 3/4 of the state legislature

2. Proposed by congress, conventions held, 3/4 of the state must accept it to ratify

3. Proposed by national convention, at the request of 2/3 of the states

Ratified by 3/4 of the states legislature

4. Proposed by national convention, and ratified by convention, 3/4 of the states must approve.

4 ways, and that's just formally.

Of course, method 4 is impractical today(but could be used in dire situations), and method 3 has never been used.

The state cannot force anyone to do anything that the population doesn't approve of. It's the way the government was written. It's an indirect democracy, the government doesn't have powers that the people don't want it to have.