Who decides if an amendment is needed?

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The authority to decide if a constitutional amendment is needed rests with legislative bodies or, in some cases, a national convention, depending on the specific legal framework of the country.

Who decides amendments?

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.

Who has the authority to amend?

368. Power of Parliament to amend the Constitution and Procedure therefor: (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

Who must approve an amendment?

Proposed amendments must be ratified by three-fourths of the states in order to take effect. Congress may set a time limit for state action. The official count is kept by Office of the Federal Register at the National Archives. Legislatures must return specific materials to show proof of ratification.

What are the conditions for an amendment?

"All amendments ought to be allowed which satisfy the two conditions (a) of not working injustice to another side, and (b) of being necessary for the purpose of determining the real questions in controversy between the parties."

Who Decides When An Amendment Is Needed? - Stories of the States

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What are the two rejected amendments?

We also know that the First and Second Amendments of the original 12 amendments were not officially ratified. Nine of fourteen states voted in favor of the original First Amendment: Delaware and Pennsylvania voted “no.” Two more votes were needed for passage if we follow the 11/14 requirement.

How many votes does it take to propose an amendment?

Jump to essay-2Id.; Nat'l Prohibition Cases, 253 U.S. 350, 386 (1920) ( The two-thirds vote in each house which is required in proposing an amendment is a vote of two-thirds of the members present—assuming the presence of a quorum—and not a vote of two-thirds of the entire membership, present and absent. ).

What is the most misspelled word in the US Constitution?

#DidYouKnow the most misspelled word in the U.S. Constitution is "Pennsylvania"? Explore our new infographic comparing the federal and state constitutions – an easy resource for classrooms and civic learning on #ConstitutionDay Download here ➡️ https://bit.ly/4gxePpI.

Can a president overturn an amendment?

But the president cannot repeal part of the Constitution by executive order. And Congress cannot repeal it by simply passing a new bill. Amending the Constitution would require a two-thirds vote in both the House and Senate, and also ratification by three-quarters of the states.

How many votes does it take to add an amendment?

Amendments proposed by Congress must achieve two-thirds votes in both the House and Senate and subsequent ratification by three-fourths of the states in order to become part of the Constitution.

Who can initiate a motion to amend the Constitution?

Article 368 in Part XX of the Constitution deals with the power of parliament to amend the constitution and its procedures. It states that the Parliament may amend the Constitution by way of addition, variation or repeal of any provision in accordance with the procedure laid down for the purpose.

What are the four ways the Constitution can be amended?

There are, therefore, four methods of amending the Constitution under Article V: first, proposal by two-thirds vote in both houses of Congress and ratification by the legislatures of three-fourths of the states; second, proposal by two-thirds vote in bo th houses of Congress and ratification by conventions in three- ...

What is the process of amendment?

The amendment process for the U.S. Constitution involves two main stages: proposal and ratification, both requiring supermajorities, making it difficult. An amendment is proposed by a two-thirds vote in both the House and Senate, or by a national convention called by two-thirds of state legislatures (never used). To be ratified, it must be approved by three-fourths of state legislatures or state conventions (chosen by Congress), with only one amendment (21st) using conventions.
 

Who has the power to amend?

Article 368 of the Constitution of India grants the Parliament of India the power to amend the Constitution. Amendments can be made by the Parliament through either a simple majority, a special majority, or a special majority with ratification by states, depending on the type of amendment.

What are two ways an amendment can be approved?

art. V (stating that amendments to the Constitution may be ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ).

How do you overturn an amendment?

There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention.

How difficult is it to change a constitutional amendment?

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.

Does the President elect have any power?

To that end, provisions such as office space, telecommunication services, transition staff members are allotted, upon request, to the president-elect, though the Act grants the president-elect no official powers and makes no mention of an "Office of the President-Elect."

What are the 4 unratified amendments?

These unratified amendments address the size of the U.S. House (1789), foreign titles of nobility (1810), slavery (1861), child labor (1924), equal rights for women (1972), and representation for the District of Columbia (1978).

What is the most controversial constitutional amendment?

The 42nd Constitutional Amendment Act, 1976 is one of the most significant and controversial amendments to the Constitution of India, often referred to as the “Mini Constitution” due to the extensive and wide-ranging changes it introduced.

Is the f word protected speech?

Profanity can be regulated, however, under certain circumstances consistent with the First Amendment. Profane rants that cross the line into direct face-to-face personal insults or fighting words are not protected by the First Amendment.

What is the hardest word to spell in America?

7 most difficult English words that will let you forget what you wanted to say

  • Rural. ...
  • Sixth. ...
  • Sesquipedalian. ...
  • Phenomenon. ...
  • Onomatopoeia. ...
  • Supercalifragilisticexpialidocious. ...
  • Worcestershire.

What amendment has not been ratified?

Of these, Articles III–XII were ratified and became the first ten amendments to the Constitution. Proposed Articles I and II were not ratified with these ten, but, in 1992, Article II was proclaimed as ratified, 203 years later.

How long does amendment take?

How long does it take to process the amended return? The Amended U.S. Individual Income Tax Return generally take around 16 weeks to process once the IRS receives it.

Why do they need 60 votes in the Senate?

In 1975, the Senate reduced the number of votes required for cloture from two-thirds of senators voting to three-fifths of all senators duly chosen and sworn, or 60 of the current 100 senators. Today, filibusters remain a part of Senate practice, although only on legislation.