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Amendment Of Constitution Procedure In Riverside
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Riverside
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US-000280
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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 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.
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.
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.
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.”
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). Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).
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.
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.
First, legislatures of three-fourths of the states may ratify an amendment. This is the most common method used. An amendment can also be ratified by conventions held in three-fourths of the states. To date, 27 amendments have been officially ratified by the required number of states.
Art. V ( 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. . .. ).