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Amendment Of Constitution Procedure In Clark
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Multi-State
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Clark
Control #:
US-000280
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An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
It would be a rare person indeed who would accurately respond that the guarantee to each state of equal suffrage in the Senate is the only constitutional provision that is now expressly unamendable under the Constitution's own terms.
What this means: The amendment may be proposed in either the Senate or Assembly. The Amendment must be passed, by majority vote, in both legislative houses (Senate and Assembly). If such majority vote in both houses is secured, the amendment is then put before the next duly elected legislature for consideration.
A joint House and Senate Conference Committee settled remaining disagreements in September. On October 2, 1789, President Washington sent copies of the 12 amendments adopted by Congress to the states. By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the “Bill of Rights.”
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The amendment is proposed by a vote of two-thirds of both houses in Congress and the 2/3 state legislatures call for a national convention. The amendment proposed is ratified by 3/4 (38) of the state's legislatures and when 3/4 (38) states at the conventions agree.
The Framers, the men who wrote the Constitution, wanted the amendment process to be difficult. They believed that a long and complicated amendment process would help create stability in the United States. Because it is so difficult to amend the Constitution, amendments are usually permanent.
The Fourteenth Amendment's Due Process Clause provides that no state may deprive any person of life, liberty, or property, without due process of law.
The result of Chisholm v. Georgia (1793) was the 11th Amendment. With the knowledge that the Constitution not only did not protect state sovereign immunity – but actually nullified it – the country quickly ratified this first post-Bill of Rights addition to the Constitution.
