This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Amendment To Constitution Process In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The process for repealing or changing an Amendment is outlined in Article V of the Constitution, and basically requires at least 2/3 of both Houses of Congress to agree on the change, which must then be ratified (approved) by no less than 3/4 of all the states.
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.
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.
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).
That is because an amendment by voter initiative is allowed, but a revision is not. A revision can only be made through a constitutional convention or by a ballot measure placed by the Legislature. A convention also requires action by the Legislature. This is pursuant to Article 18 of the California Constitution.
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.
Each House has to pass the Bill with two thirds majority of the total membership of that House. If 2nd House passes the Bill with amendments it is referred back to the House in which it originated and if that House agrees to those amendments with two thirds majority it is sent to the President for assent.
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 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 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 ...
