Posted on 03/10/2005 12:09:46 PM PST by Tatze
Sorry for the vanity, but I've searched the internet and can't find an answer.
Does anyone know if a State, meaning State legislatures, can repeal ratification of a US Constitutional Amendment? The Senate repeals ratification of treaties, I think. And if States can, what happens if more than 1/4 (13 States) repeal ratification of an Amendment?
Could this be a backdoor approach to repeal of some Constitutional Amendments, namely the 16th (Income Tax) and 17th (Election of Senators)??
Just a thought...
There's probably a good reason why you aren't finding an answer to that particular question.
There's no provision for an individual state repealing its vote on an Amendment. Precedent indicates that an amendment is permanent unless another amendment amends it.
BTW, neither can the Senate "withdraw" its ratification of a treaty. Once ratified (by a two-thirds vote of the Senate) a treaty then becomes a law as the Constitution says, and the Senate cannot strike it down by any withdrawal.
If the President proposes that a treaty be withdrawn, and the Senate agrees by a two-thirds vote, only then is the treaty struck down.
Congressman Billybob
Thanks for the info. Like I said, just a thought.
If there was a way, then why did we need the 21st to repeal the 18th?
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