Category: Mode Of Amendment
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Judicial Review
The Establishment of Judicial ReviewJudicial review is one of the distinctive features of United States constitutional law. It is no small wonder, then, to find that the power of the federal courts to test federal and state legislative enactments and other actions by the standards of what the Consti…
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Ratification
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.Ratification and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about <a href="http://lawi.us/constit…
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Amendment
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 Inten…
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Amending Power
When Article V was before the Constitutional Convention, a motion to insert a provision that "no State shall without its consent be affected in its internal policy" was made and rejected.1 A further attempt to impose a substantive limitation on the amending power was made in 1861, when Con…
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Constitutional Amendment
Thirty-three proposed amendments to the Constitution have been submitted to the states pursuant to this Article, all of them upon the vote of the requisite majorities in Congress and none by the alternative convention method.7 In the Convention, much controversy surrounded the issue of the process b…
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Proposals by Congress
Few difficulties of a constitutional nature have arisen with regard to this method of initiating constitutional change, the only method, as we noted above, so far successfully resorted to. When Madison submitted to the House of Representatives the proposals from which the Bill of Rights evolved, he …
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Convention Alternative
Because it has never successfully been invoked, the convention method of amendment is surrounded by a lengthy list of questions.21 When and how is a convention to be convened? Must the applications of the requisite number of states be identical or ask for substantially the same amendment, or merely …
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Proclamation
Formerly, official notice from a state legislature, duly authenticated, that it had ratified a proposed amendment went to the Secretary of State, upon whom it was binding, "being certified by his proclamation, [was] conclusive upon the courts" as against any objection which might b…