Taking the route you proposed, once Congress passes a proposed amendment, the amendment is subsequently proposed to State Legislatures. 3/4 of the State Legislatures must pass in order for the amendment to be added to the Constitution. --Charlie G.
The method of ratification is decided by the body that passes the amendment, which historically has been the US Congress (by 2/3 vote of both houses).In all but one case, the approved amendments were ratified by state legislatures.However, the language of the 21st Amendment (1933) specified its passage by state conventions rather than state legislatures. This was particularly chosen to avoid opposition by the same groups that had successfully lobbied for the passage of the 18th Amendment (Prohibition, 1920) which the 21st Amendment repealed.* Should a national constitutional convention (Article V Convention) successfully be called, it too would be empowered to specify the means by which any of its proposed amendments would be ratified.
Such a change would require an amendment to the US Constitution. Amendments can be proposed by a 2/3 vote of congress or by the legislatures of 2/3 of the states. Once an amendment proposal is passed, 3/4 of the state legislature must ratify it for it to added to the Constitution and make it law.
Article V in the Constitution spells out the ways how a Constitution can be amendment or changed. All of the 27 amendments have been proposed by two-thirds vote of both houses of Congress, and only the Twenty-first Amendment was ratified by constitutional conventions of the states. All other amendments have been ratified by state legislature.
In order for an amendment to be added to the Constitution, it must first be proposed either by a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the state legislatures. Once proposed, the amendment must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. This rigorous process ensures that any changes to the Constitution reflect a broad consensus.
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.
The most common method is Congress approving the new amendment with a 2/3rd majority. Once Congress approves the measure it is sent to the states to decide if they want the amendment. It will pass once 3/4th of the states approve the new amendment.
The method of formal amendment that has only been used once is by a proposition by Congress and ratification by conventions, called for that purpose, in 3/4 of the states. The only time it was used was for the 21st amendment of the Constitution.
The Fourteenth Amendment of the United States Constitution gave suffrage to former black slaves on July 9. 1868. This was a bone of contention for southern states who were forced to ratify it in order to regain their representation in Congress.
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.
First two-thirds of both the House and Senate must approve the proposal of an amendment. Then the amendment is sent to the states. 3/4 of the states must ratify the amendment in order for it to take effect. The ratification is usually done by the state legislatures but sometimes by special conventions where the people choose delegates. Once a state has ratified an amendment they cannot rescind it. However states can later choose to ratify an amendment they previously rejected. This is only the current precedent and Congress can decide to alter this rule about the states changing their minds.
The two steps of the amendment process that have been used to create amendments to the U.S. Constitution are proposal and ratification. An amendment can be proposed either by a two-thirds majority vote in both houses of Congress or by a national convention called by two-thirds of state legislatures. Once proposed, the amendment must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. This process ensures both federal and state approval for constitutional changes.