Simone Lawson
The process of amending a constitution varies across jurisdictions. In the United States, the Constitution grants Congress and the states the authority to amend it, and the Supreme Court cannot interfere unless the ratification process is contentious. A proposed amendment becomes part of the Constitution once ratified by three-quarters of the states, and there is no mechanism to pause or stop an amendment other than it not receiving enough votes. While the chances of repealing an amendment are slim, it is possible for an amendment to be repealed or for a new amendment to be introduced to alter or delete the existing one.
| Characteristics | Values |
|---|---|
| Can a constitutional amendment be paused? | No explicit information found. However, the process of proposing and ratifying a constitutional amendment can take a long time. |
| Who can amend the Constitution? | 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. |
| Can the Supreme Court block a constitutional amendment? | No. It is unconstitutional for the Supreme Court to interfere unless the ratification process is contentious. |
| Can an amendment be challenged? | A constitutional amendment can be challenged in court if there is a technical issue, for example, if only one of the two houses approved an amendment by a two-thirds majority vote. |
| Can a proposed amendment be revived after it has expired? | There is no clear answer. However, there are instances where states have voted to ratify proposed amendments after their deadlines had expired. |
Explore related products
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UY218_.jpg)
What You'll Learn
The Supreme Court cannot pause an amendment
The Constitution states that Congress and the states can amend the Constitution. The Supreme Court can only act on cases that have been brought to them and cannot interfere with the ratification process unless it is contentious. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states. This process has been upheld by the Supreme Court in the past. For example, in Coleman v. Miller, Chief Justice Charles Evans Hughes said that in a ratification dispute, Congress has the final determination.
Furthermore, there is no mechanism to sue to stop an amendment other than it not getting enough votes. The Supreme Court cannot block the Constitution and there is no basis for a challenge unless there is a technical issue with the amendment process.
Amending the Constitution: Which Branch Proposes Changes?
You may want to see also
Amendments require a two-thirds majority vote
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed in two ways, both of which require a two-thirds majority vote. Firstly, two-thirds of both Houses of Congress must approve a proposed amendment. Secondly, two-thirds of the State legislatures can apply for a constitutional convention to propose amendments.
The process of proposing an amendment through Congress involves a joint resolution, which does not require the signature or approval of the President. Instead, the original document is sent to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and other relevant information.
The second method of proposing an amendment through a constitutional convention has never been used for any of the 27 amendments to the Constitution. In this process, two-thirds of the State legislatures must apply for a convention, and the mode of ratification is proposed by Congress.
Once an amendment is proposed by either method, it must be ratified by three-quarters of the State legislatures or by conventions in three-fourths of the States. This ratification process is administered by the Archivist of the United States, who heads the NARA, and the Director of the Federal Register. After receiving the required number of authenticated ratification documents, the Archivist certifies that the amendment is valid and has become part of the Constitution.
While the Supreme Court generally cannot interfere in the constitutional amendment process, it has addressed questions regarding the ratification of amendments. For example, in Coleman v. Miller, the Supreme Court indicated that disputes over ratification are "questions for the political departments, with the ultimate authority in Congress". Additionally, the Court has considered the legality of states rescinding their prior ratifications of amendments. However, the Court's rulings have not definitively resolved these complex constitutional issues.
In summary, the process of amending the Constitution requires a two-thirds majority vote in Congress or a two-thirds application by State legislatures for a constitutional convention. The proposed amendment must then be ratified by three-quarters of the States to become part of the Constitution. While the Supreme Court generally cannot interfere, it has addressed certain questions and disputes arising during the amendment process.
The Fourteenth Amendment: Citizenship, Due Process, and Equal Protection
You may want to see also
State legislatures can pause an amendment
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments can be proposed either by 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 state legislatures.
Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. State legislatures play a crucial role in this process, as they have the power to approve or reject an amendment.
While there is no explicit mention of "pausing" an amendment in the Constitution, state legislatures can effectively delay or halt the adoption of an amendment by withholding their ratification. Each state has the authority to determine whether to ratify an amendment, and the process can vary across states. Some states may have specific requirements, such as supermajority approval or approval in multiple consecutive legislative sessions, which can prolong the ratification process.
Additionally, states have the ability to rescind their ratification of an amendment before it reaches the three-quarters threshold required for adoption. This was demonstrated in the case of the Equal Rights Amendment, where five states initially ratified the amendment but later rescinded their ratification, contributing to the amendment's failure to be adopted.
Furthermore, state legislatures can influence the timeline of the amendment process by setting deadlines for ratification. In the case of the Equal Rights Amendment, Congress initially set a seven-year deadline for ratification, which was later extended. However, the Supreme Court has indicated that Congress has the final determination on whether an amendment's proposal has expired due to a lapse in time before being adopted by the requisite number of legislatures.
In summary, while there is no explicit mechanism for state legislatures to "pause" an amendment, they possess significant powers to influence the pace and outcome of the constitutional amendment process through ratification, rescission, and the setting of deadlines.
The Speedy Trial Amendment: Understanding Your Constitutional Right
You may want to see also
Explore related products
Amendments can be ratified by three-fourths of states
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed by 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 state legislatures.
Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This means that out of the 50 states, 38 states must approve the amendment for it to be ratified. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register.
The process of ratification can be through the state legislatures or conventions in three-fourths of the states, as proposed by Congress. It's important to note that no amendment made before 1808 can affect the first and fourth clauses in the ninth section of Article I, and no state can be deprived of its equal suffrage in the Senate without its consent.
While the Supreme Court cannot block a constitutional amendment, it has provided input on the amendment ratification process. For example, in Coleman v. Miller (1939), the Court stated that ratification disputes were a "question for the political departments," with Congress having the final determination. Additionally, the Court has indicated that whether a state can ratify an amendment after rejecting it or rescind an amendment is a political question for Congress.
In conclusion, the process of amending the US Constitution involves proposing an amendment through Congress or a constitutional convention, followed by ratification by three-fourths of the states. The Supreme Court plays a limited role in the process, and the interpretation and final determination lie with Congress.
The Exclusionary Rule: A Fourth Amendment Protection
You may want to see also
Dormant amendments can be revived
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed either by 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. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50).
While the process of amending the Constitution is outlined in the Constitution itself, there is no explicit mention of "pausing" an amendment. However, the concept of dormant amendments and their potential revival has been a subject of debate.
Dormant Amendments and Revival:
The Equal Rights Amendment (ERA) is a notable example of a dormant amendment that has been revived. In 1972, Congress approved a joint resolution presenting the ERA to the states for ratification, with a seven-year ratification deadline. Despite an initial push, the movement stalled, and by the deadline in 1979, it fell three states short of the required 38 states. Congress extended the deadline to 1982, but no new states ratified the ERA during this period.
In 2017, Nevada voted to approve ratification, and in 2022, Illinois became the 36th state to ratify the ERA, 36 years after the original deadline. This revival has sparked debates about the shelf life of constitutional amendments. Supporters of the ERA's ratification argue that Congress has the power to decide if an amendment can be ratified, even after a long delay, as evidenced by the ratification of the 27th Amendment after 203 years. They also contend that the 27th Amendment's delayed ratification sets a precedent for rejecting ratification deadlines imposed by Congress.
The possibility of reviving dormant amendments highlights the complex nature of the constitutional amendment process and the interplay between Congress, the states, and time constraints. While the ERA has gained new momentum, it is important to note that the Supreme Court has dismissed related cases as moot due to expired deadlines. Nonetheless, the revival of dormant amendments remains a subject of legal and political discussion.
The Fifth Amendment: A Constitutional Game-Changer
You may want to see also
Frequently asked questions
No. Once a constitutional amendment is passed, it becomes part of the constitution and cannot be paused. However, there have been instances where the ratification process for an amendment has been stalled or paused before it was officially adopted.
A constitutional amendment is a modification or alteration of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text.
The authority to amend the US Constitution is derived from Article V of the Constitution. The US Congress proposes amendments, and they become part of the Constitution as soon as they are ratified by three-fourths of the states (38 out of 50).
The US Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. The proposed amendment is then sent to the states for ratification, with three-fourths of the states needing to approve for it to become part of the Constitution.
Yes, a constitutional amendment can be repealed, but it is extremely rare. The odds of a constitutional amendment being repealed are roughly the same as a person living to 80 years old being struck by lightning during their lifetime. Amendments can be repealed by proposing and ratifying a new amendment that repeals or replaces the original one.
