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Who has the power to propose an amendment to the U. S. Constitution and how does the amendment get ratified?
Article V of the Constitution provides as follows:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Amendments may be proposed by 2/3 votes of both the House and the Senate. However, it must be ratified by three fourths of states. The Constitution may also be amended or entirely modified by calling a constitutional convention.
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What two groups have the power to propose amendments?
The two groups that have the power to propose amendments to the U.S. Constitution are: The U.S. Congress The StatesThe U.S. Congress has the power to propose an amendment when two-thirds of both the Senate and the House of Representatives vote in favor of the amendment. The States also have the power to propose an amendment if two-thirds of the state legislatures vote in favor of the amendment. In either case any amendments proposed have to be ratified by three-fourths of the states in order to become part of the Constitution.
What is the most common way to propose an amendment to a state constitution?
Constitutional amendments are proposed in the legislature along with bills, though they must undergo more stringent procedures in order to be ratified.
What is article 5 of constitution?
Article V of the Constitution explains the amendment process of the Constitution, that is, how the Constitution may be amended. There are two processes for proposing amendments, either by two-thirds vote in each house of Congress or by an Article V Convention. All amendments thus far to the Constitution have been by proposal of Congress. The reason a convention to propose amendments, or Article V Convention has never been called despite the 750 applications from all 50 states, is because Congress refuses to obey the Constitution and call the convention. The Constitution mandates that if two-thirds of the state legislatures (34) apply for a convention, Congress must call it. A convention can only propose amendments to the present Constitution and is not empowered to write or propose a new or replacement Constitution. Regardless of how an amendment is proposed it must be ratified in the states either by three fourths vote in the state legislatures or by three fourths vote in state ratifying conventions. The method of ratification is by choice of Congress but Congress has no power to withhold a proposed amendment or veto it once it has been ratified. Once an amendment is ratified, it becomes part of our present Constitution.
What amendment to the constitution gives congress the power to levy an income tax?
The 16th Amendment to the United States Constitution, ratified in 1913, grants Congress the power to levy an income tax without apportioning it among the states based on population. This amendment was a response to a Supreme Court ruling that deemed such taxes unconstitutional. The 16th Amendment allows the federal government to collect income taxes directly from individuals.
Which admenment to the constitution gives congress the power to levy an income tax?
The 16th Amendment to the United States Constitution grants Congress the power to levy an income tax. Ratified in 1913, it allows for taxation on individual and corporate incomes without apportionment among the states. This amendment was crucial in establishing a federal income tax system.
What two groups have the power to propose amendments?
The two groups that have the power to propose amendments to the U.S. Constitution are: The U.S. Congress The StatesThe U.S. Congress has the power to propose an amendment when two-thirds of both the Senate and the House of Representatives vote in favor of the amendment. The States also have the power to propose an amendment if two-thirds of the state legislatures vote in favor of the amendment. In either case any amendments proposed have to be ratified by three-fourths of the states in order to become part of the Constitution.
What is the most common way to propose an amendment to a state constitution?
Constitutional amendments are proposed in the legislature along with bills, though they must undergo more stringent procedures in order to be ratified.
Who has power to propose amendments to the constitution of Texas?
In Texas, the power to propose amendments to the state constitution lies primarily with the Texas Legislature. Specifically, a two-thirds majority vote in both the Texas House of Representatives and the Texas Senate is required to propose an amendment. Once proposed, the amendment must then be approved by a majority of voters in a statewide election to be enacted.
What article or amendment of the Constitution gives the President the power to veto legislation?
None. Under Article V of the Constitution, only Congress or a commissioned Convention can propose a constitutional amendment, it is ratified by the states, and it cannot be vetoed by the President.
What does article 5 of the constitution?
Article V of the Constitution explains the amendment process of the Constitution, that is, how the Constitution may be amended. There are two processes for proposing amendments, either by two-thirds vote in each house of Congress or by an Article V Convention. All amendments thus far to the Constitution have been by proposal of Congress. The reason a convention to propose amendments, or Article V Convention has never been called despite the 750 applications from all 50 states, is because Congress refuses to obey the Constitution and call the convention. The Constitution mandates that if two-thirds of the state legislatures (34) apply for a convention, Congress must call it. A convention can only propose amendments to the present Constitution and is not empowered to write or propose a new or replacement Constitution. Regardless of how an amendment is proposed it must be ratified in the states either by three fourths vote in the state legislatures or by three fourths vote in state ratifying conventions. The method of ratification is by choice of Congress but Congress has no power to withhold a proposed amendment or veto it once it has been ratified. Once an amendment is ratified, it becomes part of our present Constitution.
This amendment removed from the states the power to determine voting qualifications based on gender?
The 19th Amendment to the constitution removed from the states the power to base voting rights on gender. This amendment allowing women's suffrage was ratified in 1920.
What is article 5 of constitution?
Article V of the Constitution explains the amendment process of the Constitution, that is, how the Constitution may be amended. There are two processes for proposing amendments, either by two-thirds vote in each house of Congress or by an Article V Convention. All amendments thus far to the Constitution have been by proposal of Congress. The reason a convention to propose amendments, or Article V Convention has never been called despite the 750 applications from all 50 states, is because Congress refuses to obey the Constitution and call the convention. The Constitution mandates that if two-thirds of the state legislatures (34) apply for a convention, Congress must call it. A convention can only propose amendments to the present Constitution and is not empowered to write or propose a new or replacement Constitution. Regardless of how an amendment is proposed it must be ratified in the states either by three fourths vote in the state legislatures or by three fourths vote in state ratifying conventions. The method of ratification is by choice of Congress but Congress has no power to withhold a proposed amendment or veto it once it has been ratified. Once an amendment is ratified, it becomes part of our present Constitution.
Who isare the groups that hashave the power to propose an amendment to the constitution?
Either a two-thirds vote of both houses of Congress or a national convention can propose an amendment to the Constitution. Article V of the Constitution says, "The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments." (Note: The second method for proposing an amendment has only been used for repeal of the 21st Amendment (Prohibition).)
What power is it to propose amendments to the constitution?
The power to propose amendments to the U.S. Constitution is granted to Congress and the states. Specifically, an amendment can be proposed either by a two-thirds majority vote in both the House of Representatives and the Senate or by a convention called for by two-thirds of the state legislatures. This process ensures that amendments have broad support before being ratified, which requires approval from three-fourths of the state legislatures or by conventions in three-fourths of the states.
Which branch of congress has the power to ratify an amendment to the constitution?
No branch of Congress ratifies an amendment. 2/3s of both houses (House and Senate) propose an amendment and send the proposed amendment out to the states for ratification. 3/4s of the states are needed to "ratify" an amendment. This is found in Article 5 of the Constitution.
Why is the amendment process of the constitution an example of federalism?
The amendment process of the U.S. Constitution exemplifies federalism because it requires participation from both the national and state levels of government. To propose an amendment, either two-thirds of both houses of Congress or two-thirds of state legislatures must agree. Additionally, for an amendment to be ratified, three-fourths of the state legislatures or state conventions must approve it. This dual requirement reflects the balance of power between the federal and state governments inherent in the federalist system.
What amendment to the constitution gives congress the power to levy an income tax?
The 16th Amendment to the United States Constitution, ratified in 1913, grants Congress the power to levy an income tax without apportioning it among the states based on population. This amendment was a response to a Supreme Court ruling that deemed such taxes unconstitutional. The 16th Amendment allows the federal government to collect income taxes directly from individuals.
