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Us Amendments To Constitution In San Jose
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Multi-State
City:
San Jose
Control #:
US-000280
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The amendment process is very difficult and time consuming: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. The ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
Congress may submit a proposed constitutional amendment to the states, if the proposed amendment language is approved by a two-thirds vote of both houses. Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states).
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.
As the charter for a government with plenary powers, state constitutions tend to be longer and more frequently changed than the difficult-to-amend federal Constitution, the charter for a government with only enumerated powers.
The most common method of amending state constitutions is through popular initiatives. Popular initiatives have been most successful when the measure seeks to limit the power of legislators. State constitutional conventions have lost favor with both legislators and voters in recent years.
A constitutional amendment can be initiated by the Legislature if it passes both houses by a two-thirds vote. A constitutional amendment does not need the Governor's signature, but becomes part of the constitution only if the electorate approves it at the next general election.
The U.S. Constitution is difficult to change and has only been amended 27 times. State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted on a regular basis. The current constitutions of the 50 states have been amended around 7,000 times.
It is deliberately difficult to amend in order to prevent corrupt politicians from depriving citizens of their rights and establishing a tyrannical government. That is why it requires 75% of the states to ratify any amendment. It's difficult to get two thirds of states to agree to anything.
How to file an amended return. To amend a return, file Form 1040-X, Amended U.S. Individual Income Tax Return. You can use tax software to electronically file your 1040-X online. Submit all the same forms and schedules as you did when you filed your original Form 1040 even if you don't have adjustments on them.