...it also has to pass with the 2/3 of the House/Senate. Fat chance.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.
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. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's 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. The OFR 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 the statutory procedure for ratification under 1 U.S.C. 106b.
The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment along with three young scholars. On May 18, 1992, the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed the certification as a witness.
This is the surest way. But it would be a long hard fight.
This is NOT the time to open the Constitution up to tampering by the current WDC membership.
They would find a way to disembowl every freedom contained therein.
I know you’re mad, this will never happen.
We can call it the Freedom from Medical Socialism Amendment!
AND.., I would not advise going the route of a “Constitutional Convention” either... so don’t try to propose that kind of a methodology... there are too many Democrats around to even think of trying a Constitutional Convention... :-)
Right on brothaman! Slap me some skin!
The socialists are already ignoring the Constitution. They simply will ignore any new Amendment as they do the Constitution as a whole. Passing an amendment is a tacit signal we have failed to defend the Constitution as written. Instead we need to stand firm defending Constitution as written by defeating the socialists.
If the States ever did convene a Constitutional Convention it would probably be an ugly scene.
Does anyone have a link to the House bill? Thanks.
Personally, I would rather see a gathering of 100,000 armed Americans in Washington.
There are four paths to an amendment:
1. Amendment proposed by Congress and passed by 2/3s of both chambers, then sent for ratification by 3/4s of states.
2. Amendment proposed by Congress and passed by 2/3s of both chambers, then sent for ratification by 3/4s of state conventions. (A state convention is a political body outside of the elected state legislature and is comprised of elected members or delegates).
3. Amendment proposed by Constitutional Convention of all states (Convention called by 2/3s of state legislatures), then sent for ratification by 3/4s of states (ratify by state means simple majority vote by state legislature).
4. Amendment proposed by Constitutional Convention of all states (Convention called by 2/3s of state legislatures), then sent for ratification by 3/4s of state conventions. (A state convention is a political body outside of the elected state legislature and is comprised of elected members or delegates).
To make it easy on the eyes:
1. Congress -—> States
2. Congress -—> State Conventions
3. Convention -—> States
4. Convention -—> State Conventions
Who can make a PROPOSAL FOR AN AMENDMENT? Congress or Convention.
What’s the PASS THRESHOLD ON CONGRESS making amendment proposals? 2/3s in both chambers of Congress.
What’s the CHECK ON CONVENTION making amendment proposals?
2/3s of state legislatures.
There has been unfortunate misleading information on amendment by Convention, that somehow it can be opened wide for all sorts of shenanigans. But the convention is very strictly called and cannot go beyond the issues for which it is called. Why?
In order to call for a Constitutional Convention, 2/3s of the state legislatures must ‘apply’ to Congress and then Congress MUST CONVENE the convention. The purpose of the convention is to PROPOSE AMENDMENT(S), NOT PASS THEM!
That’s where the fear and paranoia set in, OMG people from who knows where are going to hold a convention party and change everything. Nonsense!
For the purpose of argument, say a convention is called by the Congress at behest of 2/3s of states (Congress has no choice). Did 34 states decide to hold a convention about nothing? or whatever rings one’s chimes? No! They have a purpose, they have amendments in mind.
And when we say states, we mean the legislatures. How to coordinate all these legislatures? Well Obama seems to be helping us out just fine in that department, motivating us to move to state nullification of his commie-care law. But there is a bipartisan organization of state legislators from all states called the American Legislative Exchange Council and they can be useful.
So say a Convention is put together. Do they throw a month long backslapping dance party? No! They are comprised of members chosen by Congress to propose amendments with a time and budget limit.
So are they going to propose that the US Constitution be overturned, that the bill of rights be void? etc. Are they going to propose Sharia Law to be imposed? Are they going to do whatever they damn well want? No! Because whatever they propose is going back to the states.
So why don’t the states just propose what they want? Answer: they probably will.
So does that mean Chicago Illinois is going to propose that ACORN determine the daily schedules and liberties of all Americans? Well maybe but chances are that Dallas Texas is not going to allow it.
See what is happening here?
A Convention is going to be summoned by the states and called by Congress with heavy input from the states as to WHY IT IS BEING CALLED, WHAT IS TO BE PROPOSED.
And then it is going back to the states or state conventions for ratification by 3/4s of them (38 states or 38 state conventions).
So we as conservatives have the most states, the red states. If we call a Convention, the liberals would have their pants full of warm smelly brown fecal matter! They would be trembling with fear!
That’s the power we have as conservatives and we should use it NOW!
We should propose repeal of the 16th and 17th Amendments, because that alone will end socialism in the United States for the foreseeable feature! We can also propose an amendment to prohibit the federal government from passing unfunded mandates to the States. We can for future generations of Americans amend our Constitution to preserve freedom and promote conservative values.
Tom Corbett has signed on. And I believe we WILL have the majorities needed to pass once November 2nd has passed. I also predict Articles of Impeachment will be taken up next year. One of these overreaches is going to percolate up to the point where charges can be brought.
I believe it with every fiber of my being.
Good to see you here. :-)
This is dangerous and we don’t need it. Everything we need is already in the 10th Amendment. Just enforce it.
Purpose
"To restore a proper balance between the powers of Congress and those of the several States, and to prevent the denial or disparagement of the rights retained by the people"
Amendment 13, Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
What part of this is inadequate?
WHy don’t states just pass thier own nullification acts just like South Carolina did in 1832; would that not work?
You might think your just adding an amendment, but once the process starts the entire constitution can be re-written under the same umbrella.
By Obama.