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What To Change About The Articles In The Constitution

Portion describing amendment process

Commodity 5 of the United States Constitution describes the procedure for altering the Constitution. Nether Article Five, the process to modify the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Amendments may be proposed either past the Congress with a 2-thirds vote in both the Firm of Representatives and the Senate; or by a convention to suggest amendments called by Congress at the request of ii-thirds of the state legislatures.[1] To become part of the Constitution, an subpoena must then exist ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only in one case thus far in American history with the 1933 ratification of the Twenty-First Amendment.[ii] The vote of each land (to either ratify or reject a proposed amendment) carries equal weight, regardless of a country's population or length of time in the Union. Commodity V is silent regarding deadlines for the ratification of proposed amendments, only almost amendments proposed since 1917 have included a deadline for ratification. Legal scholars generally agree that the amending process of Article V can itself exist amended by the procedures laid out in Commodity Five, merely there is some disagreement over whether Article Five is the exclusive means of amending the Constitution.

In addition to defining the procedures for altering the Constitution, Article Five also shields iii clauses in Article I from ordinary amendment by attaching stipulations. Regarding ii of the clauses—one apropos importation of slaves and the other apportionment of direct taxes—the prohibition on subpoena was absolute but of express elapsing, expiring in 1808; the third was without an expiration date but less absolute: "no country, without its consent, shall be deprived of its equal Suffrage in the Senate." Scholars disagree as to whether this shielded clause tin itself be amended by the procedures laid out in Article Five.

Text [edit]

The Congress, whenever ii thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the awarding of the legislatures of two thirds of the several states, shall telephone call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as function of this Constitution, when ratified past the legislatures of three fourths of the several states, or past conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no subpoena which may be made prior to the yr one thousand eight hundred and eight shall in whatsoever manner affect the first and quaternary clauses in the ninth section of the starting time article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.[3]

Background [edit]

Procedures for amending the Constitution [edit]

The U.S. constitutional subpoena process

30-three amendments to the Us Constitution have been approved past the Congress and sent to usa for ratification. Twenty-seven of these amendments accept been ratified and are now function of the Constitution. The beginning ten amendments were adopted and ratified simultaneously and are known collectively as the Beak of Rights. Six amendments adopted by Congress and sent to united states of america take non been ratified by the required number of states and are not part of the Constitution. Four of these amendments are still technically open and pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. All totaled, approximately xi,539 measures to ameliorate the Constitution have been proposed in Congress since 1789 (through December 16, 2014).[four]

Proposing amendments [edit]

Article V provides ii methods for amending the nation'south frame of authorities. The start method authorizes Congress, "whenever two-thirds of both houses shall deem it necessary",[a] to propose Constitutional amendments. The second method requires Congress, "on the application of the legislatures of two-thirds of the several states" (presently 34), to "telephone call a convention for proposing amendments".[half-dozen]

This duality in Article V is the result of compromises made during the 1787 Constitutional Convention between ii groups, i maintaining that the national legislature should have no role in the constitutional subpoena process, and another contending that proposals to amend the constitution should originate in the national legislature and their ratification should be decided by state legislatures or land conventions.[7] Regarding the consensus amendment process crafted during the convention, James Madison (writing in The Federalist No. 43) declared:

It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults. It moreover equally enables the General and the Country Governments to originate the amendment of errors, every bit they may be pointed out by the experience on one side, or on the other.[eight]

Each time the Commodity V process has been initiated since 1789, the first method for crafting and proposing amendments has been used. All 33 amendments submitted to u.s.a. for ratification originated in the Congress. The 2d method, the convention pick, a political tool which Alexander Hamilton (writing in The Federalist No. 85) argued would enable state legislatures to "cock barriers against the encroachments of the national dominance", has yet to be invoked.[9]

When the 1st Congress considered a series of constitutional amendments, it was suggested that the ii houses first adopt a resolution indicating that they deemed amendments necessary. This process was not used. Instead, both the House and the Senate proceeded directly to consideration of a joint resolution, thereby implying that both bodies accounted amendments to exist necessary. As well, when initially proposed by James Madison, the amendments were designed to be interwoven into the relevant sections of the original document.[8] Instead, they were approved by Congress and sent to us for ratification every bit supplemental additions (codicils) appended to it. Both these precedents have been followed ever since.[10]

Once approved past Congress, the articulation resolution proposing a constitutional subpoena does not require presidential approval before information technology goes out to usa. While Commodity I Department 7 provides that all federal legislation must, before becoming Police, be presented to the president for his or her signature or veto, Article 5 provides no such requirement for ramble amendments canonical by Congress, or by a federal convention. Thus the president has no official office in the process.[b] [c] In Hollingsworth v. Virginia (1798), the Supreme Court affirmed that it is non necessary to place constitutional amendments earlier the president for blessing or veto.[x]

3 times in the 20th century, concerted efforts were undertaken by proponents of particular amendments to secure the number of applications necessary to summon an Article 5 Convention. These included conventions to consider amendments to (i) provide for popular election of U.S. Senators; (2) allow the states to include factors other than equality of population in drawing country legislative commune boundaries; and (3) to propose an amendment requiring the U.S. budget to be balanced under most circumstances. The campaign for a popularly elected Senate is ofttimes credited with "prodding" the Senate to join the Firm of Representatives in proposing what became the Seventeenth Amendment to u.s.a. in 1912, while the latter two campaigns came very close to meeting the 2-thirds threshold in the 1960s and 1980s, respectively.[6] [xiii]

Ratification of amendments [edit]

Tennessee certificate of ratification of the Nineteenth Amendment. With this ratification, the subpoena became valid equally a part of the Constitution.

Later on being officially proposed, either by Congress or a national convention of the states, a ramble amendment must and then be ratified by three-fourths (38 out of 50) of u.s.a.. Congress is authorized to cull whether a proposed subpoena is sent to the land legislatures or to state ratifying conventions for ratification. Amendments ratified by u.s. nether either procedure are indistinguishable and have equal validity every bit role of the Constitution. Of the 33 amendments submitted to the states for ratification, the state convention method has been used for only one, the Twenty-first Amendment.[6] In United States 5. Sprague (1931), the Supreme Court affirmed the authority of Congress to decide which manner of ratification volition exist used for each private constitutional amendment.[14] The Courtroom had earlier, in Hawke v. Smith (1920), upheld the Ohio General Associates'south ratification of the Eighteenth Subpoena—which Congress had sent to the country legislatures for ratification—afterwards Ohio voters successfully vetoed that approval through a popular referendum, ruling that a provision in the Ohio Constitution reserving to the state'south voters the right to challenge and overturn its legislature's ratification of federal constitutional amendments was unconstitutional.[15]

An amendment becomes an operative part of the Constitution when it is ratified by the necessary number of states, rather than on the afterward date when its ratification is certified.[sixteen] No further action by Congress or anyone is required. On three occasions, Congress has, after being informed that an subpoena has reached the ratification threshold, adopted a resolution declaring the process successfully completed.[d] [17] Such deportment, while mayhap important for political reasons, are, constitutionally speaking, unnecessary.

Presently, the Archivist of the The states is charged with responsibleness for administering the ratification process nether the provisions of 1 U.S. Lawmaking § 106b. The Archivist officially notifies the states, past a registered alphabetic character to each state's Governor, that an subpoena has been proposed.[18] Each Governor then formally submits the amendment to their state'due south legislature (or ratifying convention). When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's activeness. Upon receiving the necessary number of state ratifications, it is the duty of the Archivist to result a document proclaiming a particular subpoena duly ratified and part of the Constitution.[e] The amendment and its certificate of ratification are and so published in the Federal Register and United States Statutes at Large. This serves as official notice to Congress and to the nation that the ratification process has been successfully completed.[1]

Ratification deadline and extension [edit]

The Constitution is silent on the issue of whether or not Congress may limit the length of time that the states have to ratify constitutional amendments sent for their consideration. It is also silent on the issue of whether or not Congress, once it has sent an subpoena that includes a ratification deadline to u.s.a. for their consideration, can extend that deadline.

Deadlines [edit]

The practice of limiting the time available to u.s.a. to ratify proposed amendments began in 1917 with the Eighteenth Amendment. All amendments proposed since then, with the exception of the Nineteenth Amendment and the (withal pending) Child Labor Amendment, have included a deadline, either in the body of the proposed amendment, or in the joint resolution transmitting it to the states.[f] The ratification borderline "clock" begins running on the day final action is completed in Congress. An amendment may be ratified at any time after final congressional activity, fifty-fifty if the states have not even so been officially notified.[18]

In Dillon v. Gloss (1921), the Supreme Courtroom upheld Congress's power to prescribe fourth dimension limitations for country ratifications and intimated that clearly out of appointment proposals were no longer open for ratification. Granting that information technology constitute nothing express in Article V relating to time constraints, the Court yet allowed that it found intimated in the amending process a "strongly suggest[ive]" argument that proposed amendments are not open to ratification for all time or by States interim at widely separate times.[21] The courtroom subsequently, in Coleman 5. Miller (1939), modified its opinion considerably. In that instance, related to the proposed Child Labor Subpoena, information technology held that the question of timeliness of ratification is a political and non-justiciable one, leaving the issue to Congress's discretion. Information technology would appear that the length of fourth dimension elapsing between proposal and ratification is irrelevant to the validity of the subpoena. Based upon this precedent, the Archivist of the U.s. proclaimed the Xx-seventh Amendment as having been ratified when it surpassed the "three fourths of the several states" plateau for becoming a function of the Constitution. Declared ratified on May 7, 1992, it had been submitted to u.s.a. for ratification—without a ratification deadline—on September 25, 1789, an unprecedented time period of 202 years, 7 months and 12 days.[xviii]

Extensions [edit]

Whether once it has prescribed a ratification period Congress may extend the catamenia without necessitating action by already-ratified States embroiled Congress, u.s., and the courts in argument with respect to the proposed Equal Rights Amendment (Sent to the states on March 22, 1972, with a seven-year ratification fourth dimension limit attached). In 1978 Congress, past simple majority vote in both houses, extended the original deadline by iii years, 3 months and eight days (through June 30, 1982).

The amendment's proponents argued that the fixing of a fourth dimension limit and the extending of it were powers committed exclusively to Congress nether the political question doctrine and that in any event Congress had ability to extend. It was argued that inasmuch as the fixing of a reasonable time was within Congress' power and that Congress could gear up the fourth dimension either in advance or at some later betoken, based upon its evaluation of the social and other bases of the necessities of the subpoena, Congress did not do violence to the Constitution when, once having stock-still the time, it subsequently extended the time. Proponents recognized that if the time limit was fixed in the text of the amendment Congress could non alter it because the time limit as well as the substantive provisions of the proposal had been subject to ratification by a number of States, making it unalterable by Congress except through the amending process again. Opponents argued that Congress, having by a 2-thirds vote sent the amendment and its authorizing resolution to the states, had put the matter beyond changing by passage of a uncomplicated resolution, that states had either acted upon the entire package or at least that they had or could accept acted affirmatively upon the hope of Congress that if the subpoena had not been ratified within the prescribed menses it would expire and their assent would not be compelled for longer than they had intended.[21]

In 1981, the United states District Court for the Commune of Idaho, still, found that Congress did non have the authority to extend the deadline, even when only contained within the proposing articulation resolution's resolving clause.[22] The Supreme Courtroom had decided to accept up the instance, bypassing the Court of Appeals,[23] but earlier they could hear the case, the extended period granted by Congress had been wearied without the necessary number of states, thus rendering the case moot.[24]

Constitutional clauses shielded from amendment [edit]

Article V also contains two statements that shield the subject thing of certain constitutional clauses from beingness amended. The first of the ii is obsolete due to an attached sunset provision. Absolutely non amendable until 1808 were: Commodity I, Section 9, Clause ane, which prevented Congress from passing any police force that would restrict the importation of slaves prior to 1808, and Article I, Department nine, Clause 4, a declaration that direct taxes must exist apportioned according to state populations, as described in Commodity I, Department two, Clause 3. The second prohibition was not given an expiration engagement and remains in issue. Information technology expressly provides that no subpoena shall deprive a state of its equal suffrage (representation) in the Senate, as described in Commodity I, Section 3, Clause 1, without that state'due south consent.[25] Designed to seal 2 compromises reached between delegates to the Constitutional Convention after contentious debates, these are the simply explicitly entrenched provisions of the Constitution.[8] [26] [27]

The guarantee of equal suffrage in the Senate is arguably subject to being amended through the procedures outlined within the Article.[25] Constabulary professor George Mader holds that the shielding provision tin exist amended because it is non "self-entrenched," meaning that it does not incorporate a provision preventing its own amendment. Thus, nether Mader's statement, a two-footstep amendment procedure could repeal the provision that prevents the equal suffrage provision from beingness amended, and then repeal the equal suffrage provision itself.[27] Mader contrasts the provision preventing the modification of the equal suffrage clause with the unratified Corwin Subpoena, which contains a cocky-entrenching, unamendable provision.[27] Constabulary professor Richard Albert too holds that the equal suffrage provision could be amended through a "double amendment" procedure, contrasting the U.Due south. Constitution with other constitutions that explicitly protect sure provisions from ever being amended and are themselves protected from being amended. Another legal scholar, Akhil Amar, argues that the equal suffrage provision could exist amended through a two-pace procedure, simply describes that procedure as a "sly scheme."[28]

Sectional means for amending the Constitution [edit]

According to constitutional theorist and scholar Lawrence G. Sager, some commentators have seriously questioned whether Article V is the sectional ways of alteration the Constitution, or whether there are routes to amendment, including some routes in which the Constitution could be unconsciously or unwittingly amended in a period of sustained political activity on the part of a mobilized national constituency.[29] For example, Akhil Amar rejects the notion that Article 5 excludes other modes of ramble modify, arguing instead that the process provided for in Commodity V is simply the sectional method the government may use to ameliorate the Constitution. He asserts that Commodity V nowhere prevents the People themselves, acting autonomously from ordinary Regime, from exercising their legal right to alter or cancel Government via the proper legal procedures.[30]

Other scholars disagree. Some argue that the Constitution itself provides no mechanism for the American people to prefer constitutional amendments independently of Article 5.[31] Darren Patrick Guerra has argued that Article Five is a vital office of the American Constitutional tradition and he defends Article V against modern critiques that Article V is either too hard, also undemocratic, or too formal. Instead he argues that Commodity Five provides a clear and stable way of amending the certificate that is explicit, authentic, and the sectional means of amendment; it promotes wisdom and justice through enhancing deliberation and prudence; and its process complements federalism and separation of powers that are primal features of the Constitution. He argues that Commodity V remains the nigh clear and powerful way to register the sovereign desires of the American public with regard to alterations of their key police force. In the finish, Article V is an essential barrier to maintaining a written Constitution that secures the rights of the people confronting both elites and themselves.[32] [ page needed ]

The view that the Article V amendment process is the simply legitimate vehicle for bringing almost constitutional change, is, as pointed out by constitutional law scholar Joel Grand. Goldstein, "challenged by numerous widely-accepted judicial decisions that have introduced new meaning into ramble language by parting from original intentions, expectations, or meaning." He besides points out how constitutional institutions have, contained of both judicial activity and alterations effected though the Commodity 5 process, evolved "to take forms inconsistent with what the Founders imagined or the language they wrote suggested."[33]

In his adieu address, President George Washington said:[34]

If in the opinion of the People the distribution or modification of the Constitutional powers be in whatsoever particular wrong, let it be corrected past an amendment in the way which the Constitution designates. But permit there be no change by usurpation; for though this, in one case, may exist the instrument of practiced, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield.

This argument past Washington has become controversial, and scholars[ which? ] disagree virtually whether it still describes the proper ramble order in the United States.[35] Scholars[ which? ] who dismiss Washington's position often contend that the Constitution itself was adopted without post-obit the procedures in the Articles of Confederation,[36] while Constitutional attorney Michael Farris disagrees, saying the convention was a production of the States' residual power, and the amendment in adoption process was legal, having received the unanimous assent of the States' legislatures.[37]

Amending Article V [edit]

Article 5 lays out the procedures for amending the Constitution, but information technology does non explicitly state whether those procedures apply to Article Five itself. According to law professor George Mader, there have been numerous proposals to better the Constitution's amending procedures, and "it is generally accepted that constitutional amending provisions can be used to improve themselves." Yet, Article V has never been amended.[26] [27]

See also [edit]

  • Gödel's Loophole
  • Listing of amendments to the U.s. Constitution
  • List of proposed amendments to the United States Constitution
  • List of country applications for an Commodity Five Convention
  • List of Rescissions of Article V Convention Applications

Notes [edit]

  1. ^ In the National Prohibition Cases (1920), the United States Supreme Court ruled that the requisite two-thirds vote in each house for proposing amendments is a vote of two-thirds of the members present—assuming that a quorum exists at the time that the vote is bandage—and non a vote of two-thirds of the entire membership, present and absent, of the two houses of Congress.[5]
  2. ^ On March 2, 1861 the 36th Congress gave final blessing to proposed ramble amendment designed to shield "domestic institutions" (which at the time included slavery) from the constitutional subpoena procedure and from abolition or interference by Congress. The following 24-hour interval, on his last total 24-hour interval in office, President Buchanan took the unprecedented pace of signing it. Submitted to the country legislatures for ratification without a time limit for ratification attached, the proposal, commonly known as the Corwin Subpoena, is notwithstanding awaiting before the states.[eleven]
  3. ^ On January 31, 1865, the 38th Congress gave final approval to what would get the Thirteenth Amendment, which abolished slavery and involuntary servitude, except as punishment for a criminal offence. The following twenty-four hours, the subpoena was presented to President Abraham Lincoln pursuant to the constitution'southward Presentment Clause, and signed. On February 7, Congress passed a resolution affirming that the presidential signature was unnecessary.[12]
  4. ^ 1868 regarding the Fourteenth Amendment, 1870 regarding the Fifteenth Amendment, and 1992 regarding the Twenty-seventh Amendment
  5. ^ In recent history, the signing of the certificate of ratification has become a formalism function attended by diverse dignitaries. President Lyndon Johnson signed the certifications for the Xx-fourth Amendment and 20-fifth Amendment as a witness. When the Ambassador of Full general Services, Robert Kunzig, certified the adoption of the Twenty-6th Amendment on July 5, 1971, President Nixon along with Julianne Jones, Joseph Due west. Loyd Jr., and Paul Larimer of the "Young Americans in Concert" signed every bit witnesses. On May eighteen, 1992, the Archivist of the United States, Don West. Wilson, certified that the Twenty-7th Amendment had been ratified, and the Director of the Federal Register, Martha Girard, signed the certification as a witness.[ane] [19]
  6. ^ Congress incorporated the ratification deadline for the Eighteenth, Twentieth, Twenty-first, and Twenty-second amendments into the body of the amendment, then these amendments' deadlines are now office of the Constitution. The failed District of Columbia Voting Rights Amendment also contained a ratification deadline clause. Congress inserted the ratification deadline for the Twenty-tertiary, Twenty-quaternary, Xx-fifth and 20-sixth amendments into the articulation resolutions transmitting them to the country legislatures in order to avoid including inapplicable language in the Constitution. This practise was also followed for the failed Equal Rights Amendment.[14] [20]

References [edit]

  1. ^ a b c "The Constitutional Amendment Process". The U.South. National Archives and Records Administration. Retrieved November 17, 2015.
  2. ^ Wines, Michael (August 22, 2016). "Inside the Bourgeois Push for States to Amend the Constitution". NYT . Retrieved August 24, 2016.
  3. ^ "The Constitution of the United states: Article Five". The U.S. National Archives and Records Administration. Retrieved July 27, 2014.
  4. ^ "Measures Proposed to Amend the Constitution". Legislation & Records. United States Senate.
  5. ^ "National Prohibition Cases, 253 U.South. 350 (1920)". justia.com. Mountain View, California: Justia. Retrieved Apr 16, 2020.
  6. ^ a b c Neale, Thomas H. (Apr xi, 2014). "The Article V Convention to Propose Constitutional Amendments: Gimmicky Issues for Congress" (PDF). Congressional Research Service. pp. 1–two. Retrieved November 17, 2015.
  7. ^ Rogers, James Kenneth (Summer 2007). "The Other Way to Amend the Constitution: The Commodity V Constitutional Convention Amendment Process" (PDF). Harvard Journal of Law & Public Policy. 30 (3): 1005–1022. Archived from the original (PDF) on xiii January 2018. Retrieved May 30, 2018.
  8. ^ a b c England, Trent; Spalding, Matthew. "Essays on Article V: Amendments". The Heritage Foundation. Retrieved December five, 2018.
  9. ^ Dranias, Nick (December 6, 2013). "Fulfilling the promise of Article V with an Interstate Meaty". Constitution Daily. Philadelphia, Pennsylvania: National Constitution Heart. Retrieved May thirty, 2018.
  10. ^ a b "The Constitution of the United states of america of America: Assay and Estimation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2013" (PDF). Washington, DC: U.Southward. Government Press Function. 2013. pp. 987–1001. Retrieved April 13, 2014.
  11. ^ Tsesis, Alexander (2004). The Thirteenth Amendment and American Freedom: A Legal History. New York: New York Academy Printing. p. 2. ISBN0-8147-8276-0.
  12. ^ Thorpe, Francis Newton (1901). "The Constitutional History of the United states of america, vol. 3: 1861–1895". Chicago: Callaghan & Company. p. 154.
  13. ^ Rossum, Ralph A. (2001). Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Ramble Democracy. Lanham, Maryland: Lexington Books. p. 207. ISBN0-7391-0285-0 . Retrieved October 23, 2015.
  14. ^ a b Dellinger, Walter (December 1983). "The Legitimacy of Ramble Modify: Rethinking the Subpoena Process". Harvard Law Review. 97 (ii): 386–432. doi:ten.2307/1340852. JSTOR 1340852. Retrieved May 30, 2018.
  15. ^ "Hawke 5. Smith". Columbus Ohio: Ohio History Connection (formerly the Ohio Historical Society). Retrieved May 30, 2018.
  16. ^ Cornell University Law School. "Dillon v. Gloss". police force.cornell.edu.
  17. ^ Neale, Thomas H. (May ix, 2013). "The Proposed Equal Rights Amendment: Contemporary Ratification Issues" (PDF). Washington, D.C.: Congressional Inquiry Service. Retrieved May 30, 2018.
  18. ^ a b c Huckabee, David C. (September 30, 1997). "Ratification of Amendments to the U.South. Constitution" (PDF). Congressional Research Service reports. Washington D.C.: Congressional Research Service, The Library of Congress.
  19. ^ Nixon, Richard (July 5, 1971). "Remarks at a Ceremony Marker the Certification of the 26th Subpoena to the Constitution". Online by Gerhard Peters and John T. Woolley, The American Presidency Project. Retrieved May 30, 2018.
  20. ^ Vile, John R. (2003). Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2002 (Second ed.). Santa Barbara, California: ABC-CLIO, Inc. p. 373. ISBN1851094334 . Retrieved Nov 22, 2015.
  21. ^ a b "Authentication and Proclamation: Proposing a Constitutional Amendment". Justia.com.
  22. ^ Idaho v. Freeman, 529 F. Supp. 1107 (D. Idaho 1981).
  23. ^ Certiorari before judgment granted, Now 5. Idaho, 455 U.S. 918 (1982).
  24. ^ Judgments of the Commune Court of Idaho vacated; cases remanded with instructions to dismiss as moot. NOW 5. Idaho, 459 U.S. 809 (1982).
  25. ^ a b Baker, Lynn A.; Dinkin, Samuel H. (1997). "The Senate: An Institution Whose Fourth dimension Has Gone?" (PDF). Journal of Law & Politics. 13: 21. Retrieved Baronial 25, 2019 – via University of Texas at Austin School of Police force.
  26. ^ a b Linder, Douglas (1981). "What In The Constitution Cannot Exist Amended?". Arizona Law Review. 23 (717). Retrieved July 5, 2019 – via Exploring Constitutional Law, Academy of Missouri-Kansas City Law School.
  27. ^ a b c d Mader, George (Summer 2016). "Bounden Dominance: Unamendability in the United States Constitution—A Textual and Historical Analysis". Marquette Law Review. 99 (four): 841–891. Retrieved Dec 5, 2018.
  28. ^ Albert, Richard (2015). "Amending Constitutional Amendment Rules". International Journal of Constitutional Police force: 8–ix.
  29. ^ Sager, Lawrence (2006). Justice in Plainclothes: A Theory of American Constitutional Practice. Yale Academy Printing. p. 82. ISBN0300116756.
  30. ^ Bowman, Scott J. (2004). "Wild Political Dreaming: Constitutional Reformation of the U.s.a. Senate". Fordham Law Review. 72 (four): 1026–27. Retrieved August 28, 2016.
  31. ^ Manheim, Karl and Howard, Edward. A Structural Theory of the Initiative Power in California, Loyola Los Angeles Police Review, p. 1167 (1998).
  32. ^ Guerra, Darren Patrick (2013). Perfecting the Constitution: The Example for the Article V Amendment Process. Lanham, Maryland: Lexington Books. ISBN9780739183861 – via Google Books.
  33. ^ Goldstein, Joel K. (2013). "Constitutional Alter, Originalism, and The Vice Presidency". University of Pennsylvania Journal of Constitutional Law. sixteen (2): 369–417. Retrieved September 30, 2019.
  34. ^ Washington, George. "Good day Address" (1796).
  35. ^ Strauss, David. "The Irrelevance of Constitutional Amendments," 114 Harvard Law Review 1457 (2001).
  36. ^ Fritz, Christian. "Fallacies of American Constitutionalism", Rutgers Law Journal, p. 1343 (2004).
  37. ^ Farris, Michael. "Tin can we Trust the Constitution? Answering the "Runaway Convention" Myth". Convention of States Projection. Retrieved June iii, 2016.

External links [edit]

  • U.S. Authorities Press Function (2013) The Constitution of the Us of America: Analysis and Interpretation
  • CRS Annotated Constitution: Article 5

Source: https://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution

Posted by: robinsonwiscon.blogspot.com

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