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To: rarestia
"If Congress drafts legislation to amend the Constitution, that legislation will be voted on in the legislature and then sent to the states for ratification. "

If 2/3rds of Congress (in both houses - which is 67 in the Senate, and 290ish in the House) propose a new Amendment, that proposed Amendment can be ratified in one of two ways. First, 3/4ths of the respective State Legislatures may vote for adoption - how that process works, is dependent on the rules in each respective State Legislature. I think most are simple majority, but I'm not positive.

Second, a ratifying convention may be called. This has only been done once, for the 21st Amendment which repealed the 18th Amendment (prohibition). The rest of the Amendments were passed using 3/4ths of the State Legislatures.

"I wasn’t completely off, just missing a few steps. The states can call a Constitutional Convention on their own, but if Congress drafts legislation intended to amend the Constitution, the States have to call a Convention."

Not "have to" - may call a ratification convention. Or, they can simply vote to ratify it as individual legislatures, if they can get 3/4ths of themselves to vote as such.

Lastly, the other way to do this is for the states - 3/4ths of the states - to call for a Constitutional Convention. This, of course, has never been done except for the first Constitutional Convention.

40 posted on 08/03/2010 10:15:15 AM PDT by OldDeckHand
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To: OldDeckHand

Excellent! Thank you for the clarification, ODH. It’s been a while.


41 posted on 08/03/2010 10:18:54 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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