Changing the United States Constitution - Tilted Forum Project - TFP - Sexuality, Philosophy and Political Discussion

Jocke · 01-16-2008, 01:29 PM

How do you change the United States Constitution or remove amendments?

Cynthetiq · 01-16-2008, 01:34 PM

google is your friend...

http://www.usconstitution.net/constam.html

Quote:

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]):

The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.

Removing an amendment is done by making an amendment repealing the amendment being removed.

Quote:

Amendment 21 - 18th Amendment Repealed
1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Willravel · 01-16-2008, 01:54 PM

Don't worry, that idiot Huckabee can't do anything.

Jocke · 01-20-2008, 09:26 AM

Quote:

Originally Posted by willravel

Don't worry, that idiot Huckabee can't do anything.

Haha!

Thanks for those comforting words, man.

Can an amendment say that something earlier in the constitution isn't true anymore?

Willravel · 01-20-2008, 11:38 AM

Quote:

Originally Posted by Jocke

Can an amendment say that something earlier in the constitution isn't true anymore?

Yes.

The original idea was that the Constitution needed to be totally relevant in the time in which it exists. Slavery is somewhat uncouth and was thus removed and blacks and eventually women were given the right to vote.

So yes. An amendment can do pretty much anything within reason.

01-16-2008, 01:29 PM	#1 (permalink)
Jocke Tilted Join Date: Nov 2007 Location: Stockholm, Sweden	Changing the United States Constitution How do you change the United States Constitution or remove amendments?

01-16-2008, 01:54 PM	#3 (permalink)
Willravel [wil-ruh-VEL] Join Date: Aug 2004	Don't worry, that idiot Huckabee can't do anything. __________________ ɯǝɥʇ ǝʌlos uɐɔ ǝʍ ʇɐɥʇ ǝɔuɐɹouƃı ɥƃnoɹɥʇ ʇou sı ʇı 'sɯǝlqoɹd ǝʇɐǝɹɔ uɐɔ ǝƃpǝlʍouʞ ɟı