What is constituyional convention used for in each state
The Constitution spells out four paths for an amendment:Proposal by convention of states, ratification by state conventions (never used)Proposal by convention of states, ratification by state legislatures (never used)Proposal by Congress, ratification by state conventions (used once)Proposal by Congress, ratification by state legislatures (used all other times)
There are actually a total of four ways to change the constitution.Proposal by convention of states, ratification by state conventions (never used)Proposal by convention of states, ratification by state legislatures (never used)Proposal by Congress, ratification by state conventions (used once)Proposal by Congress, ratification by state legislatures (used all other times)
To be able to change the law for three senators to be elected instead of two, an amendment to the constitution would have to be passed.This can be done byEither(a) congress would need a 2/3 majority in the House of Representatives and a 2/3 majority in the Senate, and a 3/4 majority of the states or the states' conventions of legislaturesor(b) 2/3 state legislatures could call for a convention to propose an amendment that would need a 3/4 majority of the states or the state's conventions of legislatures.In a nut shell, there are 4 ways to make an amendment:Proposal by convention of states, ratification by state conventions (never used)Proposal by convention of states, ratification by state legislatures (never used)Proposal by Congress, ratification by state conventions (used once)Proposal by Congress, ratification by state legislatures (used all other times)
It is the Legislative Branch. The first method is for a bill to pass both houses 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 ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment 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. The Constitution, then, spells out four paths for an amendment: * Proposal by convention of states, ratification by state conventions (never used) * Proposal by convention of states, ratification by state legislatures (never used) * Proposal by Congress, ratification by state conventions (used once) * Proposal by Congress, ratification by state legislatures (used all other times)
There are two methods: 1. A specific amendment is written and proposed by 2/3 of the Congress. Then the proposed amendment is sent for ratification to either the state legislatures or state ratifying conventions. Congress decides whether state legislatures or state ratifying conventions are to be used. For the proposed amendment to become effective 3/4 of the legislatures or conventions must ratify it. 2. A convention for proposing amendments is called for by Congress on application by 2/3 of the states for such a convention. Specific amendments are written by the convention and sent to the states for ratification. Even if the proposed amendments come from a convention rather than from Congress, it is Congress which decides whether ratification is to be by state legislatures or state ratifying conventions. Again, for the proposed amendments to become effective, 3/4 of the legislatures or conventions must ratify the proposed amendments. To date the first method, proposal by Congress itself, is the only method by which amendments have been proposed. None of the existing amendments have been proposed by a national convention. To date every amendment to the Constitution with the exception of the Twenty First Amendment (Repeal of the Eighteenth Amendment), has been ratified by state legislatures. The Twenty First Amendment is the only current amendment that has been ratified by state ratifying conventions.
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bill of rights
The process of amendment proposal used most often concerning the US Constitution is where a bill first has to pass through both Houses and then the states to be approved (or denied). There is another method mentioned in the Constitution, but it has never been used before. In this method, a Constitutional Convention would be called in order to propose the amendment, and afterwards the amendment is sent on to the States for approval. The two processes of ratification are: -Proposal receives a 2/3 majority vote from Congress -Proposal receives a 3/4 majority vote from the State I'm not sure which is most used or why.
There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.1) The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states.2) 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.These two ways can be achieved via four paths. The Constitution spells out the four paths for an amendment:Proposal by convention of states, ratification by state conventions (never used)Proposal by convention of states, ratification by state legislatures (never used)Proposal by Congress, ratification by state conventions (used once)Proposal by Congress, ratification by state legislatures (used all other times)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. This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia (3 US 378 [1798]):The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.
Hamilton's proposal that found little support in the Constitutional Convention was that he wanted a national government. He believed that a national government would centralize power, but allow states to retain their individuality.
Amendments to state constitutions, including those in Texas, are proposed by the state legislature. Texas no longer has its own autonomous Constitution, because it is a full state and no longer an independent entity.
The proposal for an amendment to the Constitution is initiated by either a two-thirds vote from both houses of Congress or from two-thirds (34) of state legislatures' call for a national convention. Ratifying (approving) amendments can only occur when either three-fourths of state legislatures approve, or through three-fourths approval at a state convention.