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US Constitution study guide: Difference between revisions
→Article V [Constitutional amendment]
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1. proposals for amendment allowed following: | 1. proposals for amendment allowed following: | ||
* two-thirds vote of both Houses of Congress; or | * two-thirds vote of both Houses of Congress; or | ||
* two-thirds of the state legislatures | * two-thirds of the state legislatures calling for a convention to propose amendment | ||
2. ratification (confirmation) of proposed amendments by: | 2. ratification (confirmation) of proposed amendments by: | ||
* three-fourths of the state legislatures | * three-fourths of the state legislatures | ||
* conventions | * ratified by conventions in three-fourths of the states}} | ||
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. | The Congress, whenever '''{{two thirds of both Houses|First step in amendment: | ||
* proposed amendments must arise from: | |||
* 2/3rds of both Houses Congress or | |||
* 2/3rds of state legislatures}}'''shall deem it necessary, shall propose '''{{Amendments to this Constitution|Amendments to this Constitution | |||
* following the republican principle of self-government regulated by law, the Constitution allows for its own amendment | |||
* but requires super-majorities for it | |||
* = a protection of the minority | |||
* the 3/4ths super-majority is difficult to achieve without large consensus, so the Constitution has been amended only 17 times following the adoption of the Bill of Rights | |||
* as a result, the Constitution has been effectively amended by judicial interpretation, mostly through the Commerce, General Welfare and Necessary and Proper clauses}}''', 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|"when ratified by": | |||
* 3/4ths of the states or | |||
* conventions in 3/4ths of the states | |||
* note that Congress cannot ratify a proposed amendment}}''', 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 '''{{#tip-text:equal Suffrage in the Senate|equal Suffrage in the Senate | |||
* the Constitution guarantees each state equal representation in the Senate | |||
* however, a state may withdraw its representation but cannot be deprived of it without its consent}}'''. | |||
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==Article VI [Supremacy clause]== | ==Article VI [Supremacy clause]== | ||