Eleanor Finch
The Constitution of the United States can be amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. However, Article V of the Constitution outlines certain unamendable subjects. These include the prohibition of amendments that would deprive a state of equal suffrage in the Senate without its consent, limitations on Congress's power to prohibit or restrict the importation of slaves before 1808, and limitations on Congress's power to enact an unapportioned direct tax. These unamendable provisions protect the partly federal and partly national structure of the bicameral Congress and ensure that a small minority of the country can prevent an amendment from being added to the Constitution.
| Characteristics | Values |
|---|---|
| Limitations on Congress's power to prohibit or restrict the importation of slaves before 1808 | Article I, Section 9 of the Constitution |
| Limitations on Congress's power to enact an unapportioned direct tax | Article I, Section 9 of the Constitution |
| No state shall be deprived of its equal suffrage in the Senate without its consent | Article V |
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What You'll Learn
Article V outlines the process for amending the US Constitution
Article V of the US Constitution outlines the process for amending the Constitution. It gives Congress the authority to propose amendments, which must then be ratified by a certain proportion of state legislatures or state conventions. Specifically, two-thirds of both houses of Congress must propose an amendment, or two-thirds of state legislatures must apply for Congress to call a convention for proposing amendments. In either case, the amendment must then be ratified by three-quarters of state legislatures or three-quarters of state conventions, as proposed by Congress.
Article V also includes provisions that protect certain subjects from amendment. Firstly, no amendment can deprive a state of equal suffrage in the Senate without its consent. This provision enshrines the partly federal, partly national structure of the bicameral Congress, which was established by the Connecticut Compromise. Secondly, no amendment made before 1808 could affect the first and fourth clauses in the ninth section of the first article. This was to protect the limitations on Congress's power to restrict the importation of slaves and to enact an unapportioned direct tax before 1808.
The Archivist of the United States is responsible for administering the ratification process, although neither Article V nor 1 U.S.C. 106b outline this process in detail. The Archivist follows the procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties. Once an amendment is ratified, the Archivist drafts a formal proclamation to certify that it is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and is signed by various dignitaries, sometimes including the President.
In practice, all amendments except one (the Twenty-First Amendment) have been ratified by state legislatures. Additionally, while Article V provides a way for states to bypass Congress by calling a convention for proposing amendments, this route has never been used.
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Before 1808, amendments couldn't affect Article I, Section 9
Article I, Section 9 of the US Constitution outlines specific powers denied to Congress. Before 1808, amendments could not affect this section.
The first clause of Article I, Section 9 prohibited Congress from banning the importation of slaves before 1808. This clause, known as the Migration or Importation Clause, allowed states to continue the practice of importing slaves until that date. While Congress could not ban the importation of slaves, they could impose a tax or duty on each person imported, not exceeding ten dollars. This clause ensured that the economic interests of the slave-trading states were protected until 1808.
The second and third clauses of Article I, Section 9 focus on protecting individual rights and due process. The second clause, known as the Suspension Clause, guarantees the right of habeas corpus. Habeas corpus allows a prisoner to challenge their imprisonment in court. According to this clause, the right of habeas corpus cannot be suspended unless in cases of rebellion or invasion where public safety is at risk. The third clause prohibits the passing of bills of attainder or ex post facto laws, protecting individuals from being punished without a fair trial.
The fourth clause of Article I, Section 9 addresses taxation. It originally prohibited states from imposing direct taxes, but this was changed by the 16th Amendment, which gave Congress the power to impose a federal income tax. This amendment ensured equality among the states regarding taxation and allowed for the federal government to collect income taxes directly from citizens.
In summary, before 1808, amendments could not affect Article I, Section 9 of the US Constitution, which prohibited Congress from banning the importation of slaves, protected individual rights through habeas corpus and due process, and restricted states from imposing direct taxes. The clauses in this section played a significant role in shaping the early American political and legal landscape.
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Congress can propose amendments with a two-thirds majority
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress can propose amendments to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution, which is then forwarded 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. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
Once an amendment is proposed by Congress, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be done through state legislatures or conventions specifically called for the purpose of deciding on ratification. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process, although the specific procedures are not outlined in detail in Article V or the relevant federal law. The Archivist typically follows customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
It is important to note that while Congress can propose amendments with a two-thirds majority, a small minority of the country can prevent an amendment from being added to the Constitution. For example, if slightly more than one-third of the House of Representatives or the Senate objects to a proposal, it will not become an amendment. Additionally, Article V provides a way for states to bypass Congress and propose amendments through a convention called for by two-thirds of the state legislatures. However, this method has never been used.
The authority to amend the Constitution is a significant power vested in Congress, and it has been utilised throughout US history to address various issues, such as outlawing slavery, protecting equal civil rights, and forbidding racial discrimination in voting. The process of proposing and ratifying amendments ensures that any changes to the Constitution reflect the consensus of a substantial majority of the country.
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Amendments must be ratified by three-quarters of the states
The process of amending the US Constitution is outlined in Article V of the Constitution. The process requires that any proposed amendment be ratified by three-quarters of the states, or 38 out of 50 states, to become valid and part of the Constitution. This can be done through the state legislatures or by state conventions, with Congress deciding on the mode of ratification.
Article V also allows for amendments to be proposed by Congress or by a convention called for by two-thirds of state legislatures. To propose an amendment, two-thirds of both houses of Congress must deem it necessary. If the proposal comes from the state legislatures, Congress must call a convention for proposing amendments. This convention can propose amendments regardless of Congress's approval, and these proposed amendments are then sent to the states for ratification.
Historically, all amendments except one, the Twenty-First Amendment, have been ratified by state legislatures. The Twenty-First Amendment, which repealed the Eighteenth Amendment and ended prohibition, was the first and only amendment to be ratified by state conventions.
The process of amending the Constitution is a lengthy and challenging one, requiring significant consensus across the country. The need for ratification by three-quarters of the states ensures that any changes to the Constitution reflect the will of a substantial majority of the country. This safeguard helps maintain the stability and integrity of the Constitution while also allowing for necessary changes to be made over time.
The last amendment to the Constitution was made in 1971, with the unusual Twenty-seventh Amendment, which was proposed in 1789 alongside the original Bill of Rights. This long gap since the last amendment demonstrates the high bar set for amending the Constitution and the careful consideration given to any proposed changes.
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Conventions can propose amendments, bypassing Congress
The process of amending the US Constitution is outlined in Article V of the Constitution. Typically, the process begins with Congress proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. However, Article V also provides a mechanism for bypassing Congress and initiating amendments through what is known as a "constitutional convention".
A constitutional convention for proposing amendments can be called when two-thirds of state legislatures (34 out of 50 states) make an application to Congress. This allows the states to circumvent Congress and propose amendments directly. This method has never been used, but it stands as a potential avenue for the states to exert their influence and shape the Constitution.
Once an amendment is proposed, either by Congress or a constitutional convention, it must go through the ratification process. Ratification can occur through state legislatures or state conventions, with Congress having the authority to choose the mode of ratification. Historically, all amendments except the Twenty-First Amendment have been ratified by state legislatures.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50 states). This requirement holds true regardless of whether the amendment was proposed by Congress or a constitutional convention. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
While the convention method of proposing amendments has not been utilised, it remains a significant aspect of the amendment process outlined in Article V. It empowers the states to initiate changes to the Constitution directly, showcasing the flexibility and adaptability built into the foundation of US governance.
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