The constitution
The constitutional convention occurred second.
Constitutional amendments can be effectively overturned through the ratification of a new amendment that explicitly repeals or modifies the existing one. This process requires approval by two-thirds of both houses of Congress and ratification by three-fourths of the state legislatures or by conventions in three-fourths of the states. Alternatively, a Supreme Court ruling can interpret an amendment in a way that effectively nullifies its intended effect, though this does not formally repeal the amendment itself. However, the formal amendment process remains the primary legal pathway for overturning an amendment.
When state legislatures or national conventions vote for or against a constitutional amendment, they exercise the power of ratification. This process allows them to either approve or reject proposed amendments to the Constitution, as outlined in Article V. Ratification reflects the states' role in shaping constitutional law and ensuring that proposed changes have widespread support across the nation. This power is crucial for maintaining the balance between federal and state authority in the constitutional amendment process.
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. The amendments were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States.
John R. Vile has written: 'Pleasing the Court' 'The Constitutional Convention of 1787' 'Encyclopedia of constitutional amendments, proposed amendments, and amending issues, 1789-2002' -- subject(s): Constitutional amendments 'Essential Supreme Court decisions' -- subject(s): Constitutional law, Digests 'The Theory and Practice of Constitutional Change in America' 'Great American Lawyers' 'Contemporary questions surrounding the constitutional amending process' -- subject(s): Constitutional history, Constitutional amendments
The process wherby each state voted to accept the new US Constitution is called "ratification." This term is also used for acceptance of amendments to the constitution.
States were prohibited from making changes to the Constitution during the ratification process to ensure a uniform and consistent framework for governance across the newly formed nation. This approach helped prevent individual states from altering fundamental principles or undermining the collective agreement reached by the Constitutional Convention. By establishing a clear and unified process for ratification, the framers aimed to foster stability and legitimacy in the new constitutional order.
The process of proposing amendments to the U.S. Constitution involves Congress, where a two-thirds majority in both the House of Representatives and the Senate must approve the proposal. Alternatively, amendments can be proposed by a constitutional convention called by two-thirds of state legislatures. Ratification requires approval from three-fourths of the state legislatures or conventions in the states. This dual approach ensures both federal and state involvement in the amendment process.
The procedures for ratification of constitutional amendments are outlined in Article V of the U.S. Constitution. It states that an amendment can be proposed either by a two-thirds majority in both houses of Congress or by a convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. This process ensures that amendments have broad support at both federal and state levels.
Constitutional amendments must be ratified by the votes of 3/4 of the State Legislatures. There is no requirement for a plebiscite, or vote of the people. Each State Legislature can, if it chooses, base its decision on a popular vote, but I'm not aware that any do.
The US Constitutional provision for the amendments known as the Bill of Rights has been of great importance. The amendment process allows changes to the Constitution when events deem it necessary to make fundamental changes in the laws.
Ratification of amendments[edit] After being officially proposed, either by Congress or a national convention of the states, a constitutional amendment must then be ratified by the legislatures of, or by ratifying conventions, in at least three-fourths of the states.