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There are two specified mechanisms whereby an amendment to the U.S. Constitution can be proposed. The States can convene a constitutional convention or both houses of Congress can pass an amendment by supermajority and send it to the State legislatures for ratification.
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What is used to propose constitutional amendments?
Joint Resolutions are used to propose constitutional amendments.
Who determines the ratification process to be used in constitutional amendments?
The constitution
A national convention has been used to?
National conventions are used to formally nominate a party candidate for president.
Who has the power to Propose constitutional amendment?
Either Congress or a constitutional convention have the power to do propose amendments to the US Constitution under Article V of the Constitution. Congress may proposes a specific amendment for ratification by votes of two thirds of both houses of Congress. Congress may also convene a constitutional convention, on application of the legislatures of two thirds of the states, in order for the convention to prepare and propose specific amendments for ratification. This method has not yet been used.
Who has the power to propose amendments of the constitution of the US?
Congress can propose amendments by a 2/3 vote of members present (in a quorum), and this is the way amendments have so far been presented. The states decide individually on ratification, with a 3/4 vote of state legislatures or state conventions required for adoption. However, Article 5 of the Constitution also allows the states to propose amendments, forming a national convention by the vote of at least 2/3 of the state legislatures of the country. This method has been suggested but never used.
The only method of amending the Constitution that has been used to date is by?
The only method that has been used to propose amendments to the Constitution has been by a two-thirds vote in both houses of Congress. The second method, which has never been used, calls for two-thirds of all state legislatures to call for a Constitutional convention.
Why has the constitutional convention never been used?
The constitutional convention, as outlined in Article V of the U.S. Constitution, has never been used primarily due to concerns over a lack of control and the potential for radical changes. There is apprehension that once convened, delegates could propose amendments that extend beyond the original intent, leading to unintended consequences. Additionally, the political climate often lacks the consensus necessary to convene such a significant gathering, making it easier for amendments to be proposed and ratified through the established congressional process. Thus, the tradition of amending the Constitution through Congress remains the preferred method.
Can the contents of the Preamble to the Constitution be used to decide court cases?
No. The Preamble is just a statement of intent; only the constitutional Articles and Amendments may be used to decide cases and interpret law.
Which of the amendment methods has never been used?
The convention to propose the amendments to the constitution of the US is called an Article V Convention. The other method which is used is the use of a vote which requires a majority of two thirds.
Who is responsible for passing Constitutional Amendments?
Constitutional amendments become part of the Constitution, and as such they are the law of the land. The supreme court interprets the Constitution including the amendments. Amendments are made by the states and by the states alone, in the sense that no matter where they originate (from some governmental initiative or from the states themselves) they become law ONLY when they are accepted by 3/4 of the states and there are no other requirements. No OK from any federal group or individual is needed, and there is no veto power vested in the president or any other group or individual. If the states say it is so, it is so with no further discussion or debate. The point here is that Congress is perfectly free to debate, pass and submit an amendment for state approval, but the states, according to the provisions of the constitution itself, can make and approve an amendment without the permission or approval of Congress. In this case, the only job that Congress has is to determine if the states are to individually pass a proposed amendment by state legislature, or by specially formed state conventions. This method of constitutional amendment has not yet been used.
What are the two steps involving in the second method of amending the Constitution?
Article V of the U.S. Constitution allows amendments to be proposed by a constitutional convention called for by two-thirds of the state legislatures. This is a very uncommon method and has not been used for any of the present amendments.
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).)
