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2006-12-04 07:41:29 · 6 answers · asked by Anonymous in Politics & Government Government

What I mean is how do you write an amendment on the actual Constitution? What process do you do?

2006-12-04 07:51:49 · update #1

6 answers

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.

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)
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 USC 378 [1798]):

2006-12-04 07:49:24 · answer #1 · answered by Sir J 7 · 1 0

I think the asker is interested in knowing how they actually WRITE a change to the constitution on the actual document.

The answer would be that they don't. The original constitution is protected behind bullet proof glass somewhere in DC. That document is never touched. The first 10 amendments (the Bill of Rights) exist on a SEPARATE document. All amendments thereafter are basically separate documents that are approved by congress, ratified by the states. The only historical documents are the original constitution and the Bill of Rights. The ones associated with the Civil Rights are probably also considered historical and are in a museum somewhere.

But nobody writes on the Constitution when an amendment is made.

2006-12-04 16:03:28 · answer #2 · answered by Shane L 3 · 1 0

Close, but way off....

The process can begin in either house of Congress. An amendment must be ratified by 2/3 vote in both Houses of Congress before it is submitted to the states.

Once it is submitted to the states, it requires a vote of 3/4 of the states, or 38 states, to be added to the constitution.

The last amendment to be added, the 27th, limits when members of Congress can be compensated.

2006-12-04 15:46:37 · answer #3 · answered by parrotjohn2001 7 · 0 1

I think that, first the proposed ammendment would have to be radified by at least 40 states. Then it would have to be approved by a 2/3 majority of the US Senate.

2006-12-04 15:44:32 · answer #4 · answered by jim 6 · 0 1

This would have to be done by Congress and then Ratified by the States.

2006-12-04 15:45:01 · answer #5 · answered by Anonymous · 0 1

the easiest and quickest way is to become president and then just go ahead and rewrite it as you see fit and/or convenient.

it's happening right now before our eyes. bye-bye, civil liberties. hey, those framers of the constitution were clueless so let's just undo it.

2006-12-04 16:05:27 · answer #6 · answered by Anonymous · 0 2

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