How does Article 5 of the Constitution work?

How does Article 5 of the Constitution work?

Ratification of an Amendment In accordance with Article 5, An amendment must be ratified, or accepted, by the legislatures of at least 75 percent of the states once it is officially submitted. When a majority of the states ratify the amendment, it becomes law in all of them. As a symbol, a state may ratify an amendment that has previously been passed...

The process of becoming ratified begins with the submission of an amendment for ratification. The procedure is the same as that for proposing an amendment: two-thirds of each house can vote to call a special session of their body to consider it (a simple majority votes to do so generally suffices), and then the necessary number of states can ratify it during this session. If Congress fails to act on an amendment within seven years of its being submitted, then it automatically becomes part of the Constitution.

There are three ways for a state to withdraw itself from consideration for ratification: (1) It can declare its intention to do so by passing a resolution of disapproval, which takes effect when signed by the president or rejected by him through veto. (2) If no such resolution is passed, then the state implicitly approves the amendment by continuing to exist subject to it. (3) If another state also wishes to withdraw itself from consideration for ratification, then the first state can decide not to proceed any further with the process. This third option is called "withdrawal" because the first state is saying it no longer wants to be part of the amendment process.

What is Article 5 Simplified?

Article 5 of the US Constitution states that constitutional amendments have to be passed by a two-thirds majority in both houses of the legislature (upper and lower houses of the senate). The amendment must then be ratified by three-fourths of the states. A total of ten amendments have been adopted since the founding of the United States.

In addition to amending the federal constitution, several states also have provisions in their own constitutions that allow for the amendment of that document as well. Currently, there are seven different amendments to the constitution of California. Two of these amendments need approval only from voters who vote "yes" on any issue related to their adoption in a statewide election. The other five amendments require approval from voters in either a national election or in state elections across all fifty states.

The deadline to submit an amendment proposal to the states for ratification was December 15, 2017. It has been widely reported that President Trump intends to submit an amendment to undo the effect of the 11th Amendment, which limits federal involvement in state affairs. The amendment would remove this restriction and allow Congress to ask states to help enforce federal laws or with other matters not covered by the 10th Amendment. However, it is still possible that the amendment could be blocked from being submitted to the states for ratification.

State legislatures will start meeting again in January 2018 and will continue through February 2019.

What does Article 5 talk about?

On the request of two-thirds of the legislatures of the several states, [Congress] shall convene a Convention to propose changes. The convention has the authority to propose amendments, whether or not Congress agrees of them. Following that, the proposed modifications would be transmitted to the states for confirmation. If enough states agree to call a special constitutional convention, then it can be held.

In general, the Article provides for certain procedures that have to be followed before new provisions can be made by constitutional amendment. The procedure is quite complicated, so we will discuss it in more detail below. But first, let's go over some basic facts about this important part of our government.

There are actually two different methods provided for amending the Constitution: a state ratification process and a national convention. The original Constitution was adopted in 1787, when 13 states ratified it. Since then, another ten have joined the Union. However, it is possible for one or more states to amend the Constitution without going through this process. For example, after receiving approval from both houses of their respective legislatures, several states have called special conventions to modify their constitutions. These "conventions" do not follow the standard process for drafting legislation (i.e., they are not "conventions" as such), but instead simply approve existing documents that have been drafted by their attorneys.

Why is Article 5 of the Constitution so important?

Article V also permits Congress to select between two methods for ratifying an amendment by the states. The state legislature—the branch of state government that makes laws for the state—can ratify an amendment. Or it can call a constitutional convention for proposing amendments. A convention must be called by Congress within seven years of the ratification of the last amendment or after the people vote no on adopting any more amendments.

The federal government's power to protect its citizens' rights comes from the people, who through their elected representatives delegated certain powers to the national government. One such power is found in Article V of the Constitution, which allows the people to amend articles they did not write themselves. Amendment five is often referred to as the "Bill of Rights" because it directly addresses the three branches of government and protects individual freedoms.

Amendments have played an important role in protecting individual freedoms. They have been used to abolish slavery, grant women the right to vote, and ensure racial discrimination against African Americans is prohibited.

Amendment five has also been used to legalize marijuana in several states. Amending the Constitution to allow states to decide how they handle marijuana use would give each state the ability to set its own policy without being overruled by a court.

There are two methods for amending the U.S. Constitution.

What are the 4 methods of formal amendment to the US Constitution?

1 Formal changes may be submitted by two-thirds of the members of each house of Congress and ratified by three-quarters of the members of each state legislature. 2 presented by Congress and ratified by conventions convened for that purpose in 3/4 of the states, 3 suggested by a national convention called by Congress at the request of two-thirds of the states, or 4 adopted by a majority of voters in any state referendum.

These are the only ways that formal amendments can be made to the United States Constitution. If you look up "amendment" on line, some sites will tell you that there are also ways to make constitutional changes without amending the document itself, but these are not methods that have ever been used by anyone.

The most recent example of a constitutional amendment was passed in 1992. It is called the Brady Handgun Violence Prevention Act and it requires federal agencies to issue regulations that prevent the sale of handguns to persons who have been determined by a court to be mentally defective or dangerous to themselves or others. The amendment was proposed by Congress and supported by three-fourths of the states. Its official title is "An Amendment to prohibit the distribution of firearms through mail order houses."

The original Constitution does not include a provision for amendments. It was assumed that if there were going to be changes they would be made by statute or constitutional convention.

About Article Author

Anthony Moss

Anthony Moss is a journalist who specializes in writing about different leaders in the world, as well as politicians. He also loves to write about social issues that are affecting society today. He has spent his whole life around politics and journalism, since he was born into a family of journalists. Anthony graduated from Georgetown University with degrees in International Studies and English Literature.

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