ARTICLE V 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. This clause is the basis that the Constitution sets out the mechanism for changing the Constitution. Once an amendment is made to the Constitution, it is equivalent to any clause of the original text of the Constitution. There are two ways laid out for changing the Constitution. The first method for amending the Constitution originates from Congress which must pass that amendment with a two-thirds majority. The second method for amending the Constitution requires the states to call for a new Constitutional Convention to make the amendments. To date, only the first method has been used. Over 10,000 amendments have been proposed in Congress, with only 33 having passed the Congress and referred to the States. The states have two ways of ratifying an amendment. Either 3/4 of the State Legislature may approve an amendment; or each state can have a convention to approve the amendment. 27 Amendments have been ratified and become part of the Constitution. All but one of the proposals became an amendments by passing the State Legislatures.
Posted on: Tue, 25 Jun 2013 03:22:05 +0000
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