Questions tagged [amendment]

Questions about a change/changes to a constitution or already existing law

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Why does the government not introduce an amendment to the constitution to allow abortion?

Since the polls clearly show that the majority of the American people disagree with the Supreme Courts decision to overturn Roe vs. Wade, why does the US government not introduce an amendment to the ...
Joey Joystick's user avatar
22 votes
4 answers
5k views

Can an 11% minority actually pass a Constitutional amendment?

I was trying to work out the smallest majority required to pass a Constitutional amendment. I expected the answer to be 2/3rd or 3/4ths, but came up with 11%: NOTE: in the below, I am referring to ...
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19 votes
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If two U.S. Constitutional amendments conflict with each other, does the most recent one take precedence?

If one amendment doesn’t explicitly repeal another one, does it still take precedence over it the way a new law can indirectly override older laws?
The Mamba's user avatar
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17 votes
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Why was the prohibition of intoxicating liquor enacted through a constitutional amendment?

It seems to me that a constitutional amendment is a rather heavy-handed tool to outlaw alcohol. Why wasn't it outlawed through an act of Congress? It seems to me that this is perfectly possible, ...
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16 votes
7 answers
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US Constitution amendment restriction on Senate - is there a way around it?

According to Article 5 of the U.S. Constitution (emphasis added): The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the ...
jcgoble3's user avatar
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14 votes
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How long do states have to vote on Constitutional amendments passed by congress? Are there any in limbo?

I am curious to know if states have a specific timeline for voting to ratify a Constitutional amendment and if there are any that have been passed by congress but not enough states have voted to allow ...
Mr. McGrath's user avatar
13 votes
3 answers
4k views

What kind of amendment can oblige multiple political parties, and repair the unintended two-party malfunction of the constitution?

The founding fathers did not foresee that the constitution would foster a two-party political system that is radical, inflexible and deadlocked. There is probably little political will to reform it ...
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11 votes
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Could the UK amend the European Withdrawal Act and revoke the Article 50 invocation?

Much of the current posture of the UK Government is based on the default action enshrined in the European Withdrawal act, that at the end of the Article 50 period the UK leaves the European Union with ...
Jontia's user avatar
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9 votes
1 answer
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What is the Wyden Amendment?

Recently I came across an article which appears to be discussing the Wyden Amendment to H. R. 6172 . The article makes it sound like this will allow enforcement agencies access to browsing data ...
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9 votes
2 answers
941 views

What is the furthest an amendment has gotten to 'fix' the elastic and commerce clauses?

There exists a strain of political thought in the United States roughly as follows: Most of the day to day government action (ie: not national defense) should be handled by state governments. ...
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Can federal courts overrule North Carolina's vote ID constitutional amendment?

North Carolina voters approved a voter ID amendment to the state constitution; I assume that carries more weight than the voter ID laws that have already been overturned, but can the federal court ...
Joe Swain's user avatar
8 votes
3 answers
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What is the point of the twenty-second amendment?

The twenty-second amendment ensures that American presidents can get at most two terms. What is the point of this rule? Was there ever a documented reason at the time it was put in place?
Jaood's user avatar
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What is the origin of the "two-tiered" theory of the First Amendment?

In Chaplinsky v. New Hampshire1, Justice Frank Murphy says the following: [I]t is well understood that the right of free speech is not absolute at all times and under all circumstances. There are ...
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8 votes
1 answer
477 views

When Congress passed the Equal Rights Amendment, why didn't they include the time limit in the amendment itself?

The Equal Rights Amendment was passed by Congress in 1972 and submitted to the states for ratification. Congress imposed (or tried to impose?) a 7-year time limit on ratification. There was precedent ...
Keith Thompson's user avatar
7 votes
5 answers
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Why is the US constitution so set in stone and immobile, leading to inevitable anachronisms with the modern world? [closed]

As far as I know, the US is the only country in the world that has surrounded their constitution with a "don't touch, just reinterpret" veil of protection. I live in a country where changing the ...
rubenvb's user avatar
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2 answers
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How does Massachusetts ratify proposed amendments to the constitution of the United States?

I've been trying to see the exact mechanisms Massachusetts has used to ratify or attempt to ratify proposed amendments to the U.S. constitution. The closest info I have found to that end pertains ...
isakbob's user avatar
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7 votes
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Are there any restrictions on how amendment should be related to original law in US Senate?

As I understand, When US Senate approves some law, there can be amendments, attached to it. But sometimes, such amendments seem to not relate to the parent law at all, for example: https://...
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Has there ever been a notable proposal to amend Article V of the U.S. Constitution?

Background In the U.S. Constitution, the process by which the Constitution can be amended is laid out in Article V: Article V The Congress, whenever two thirds of both houses shall deem it necessary, ...
isakbob's user avatar
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7 votes
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Was the Corwin Amendment's use of the term "domestic institutions" intended to apply to more than just slavery?

The Corwin Amendment was a proposed amendment to the US Constitution introduced in March 2, 1861 as an attempt to end the Civil War. The text is as follows: No amendment shall be made to the ...
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Did the Founders discuss the idea of someone amending the Constitution to radically change it?

Did the Founding Fathers (or anyone participating in hammering out the Constitution of the United States) explicitly discuss the possible issue that, at some point, an Amendment can be passed that ...
user4012's user avatar
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6 votes
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What is the likely next step if three states ratify the Equal Rights Amendment after the deadline?

The Equal Rights Amendment was a proposed amendment to the US Constitution with a 1979 deadline, which Congress later extended to 1982. The amendment failed due to being 3 states short of the required ...
Thunderforge's user avatar
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5 votes
3 answers
556 views

Why was the 18th amendment constructed with way it was?

...The manufacture, sale, or transportation of intoxicating liquors...is hereby prohibited The 18th amendment is pretty clear in its intent, but my question is why? Why did the amendment ban alcohol ...
user8577930's user avatar
5 votes
2 answers
665 views

Mark Levin and The Liberty Amendments: coordination of states proposing constitutional amendments

Article V of the United States Constitution says the following: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the ...
Matt Davis's user avatar
5 votes
1 answer
472 views

Why did Nebraska ratify the Twenty-seventh Amendment 24 years after it came into force?

The Twenty-seventh Amendment came into force in 1992 after enough states ratified it. On April 1, 2016, Nebraska chose to ratify this amendment as well, despite it having been in force for 24 years. ...
Thunderforge's user avatar
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4 votes
3 answers
617 views

If a law is found to be unconstitutional; can an amendment to the state constitution matter?

In the general sense, let's say a state law is passed, and the courts decide that the law is unconstitutional because the United States constitution prohibits such laws. Can a state amend its own ...
GendoIkari's user avatar
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4 votes
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What medium is the current U. S. constitution on?

If there is a more appropriate site for this question, feel free to migrate it. When the first edition of the constitution was ratified, I imagine they must have used parchment. When they made ...
HeavenlyHarmony's user avatar
4 votes
2 answers
309 views

Reasons for time limits in constitutional amendments

The 18th, and 20th to 26th amendments, as well as the ERA and the DC Voting rights outdated proposed amendments, included time limits to their ratification. The time limit clauses vary in shape, form ...
Gouvernathor's user avatar
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4 votes
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For US Constitution amendments, does state legislature incl governor?

Per the US Constitution, states can pass amendments by first having 2/3rds of the states' legislatures propose the amendment, and then having 3/4ths of the states' legislatures ratify it. In this case,...
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3 votes
1 answer
71 views

Constitutional amendments of India

Despite Article 4 stating that a constitutional amendment is not necessary for Articles 2 and 3, why was the 7th constitutional amendment passed for state reorganization?
Ansh's user avatar
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1 answer
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Effect of 15th and 19th Amendments to the U.S. Constitution on Representation

What effect did the ratification of the 15th Amendment (prohibit the denial of the right to vote based on race, color, or previous condition of servitude) and the 19th Amendment (prohibit the denial ...
Dennis Williamson's user avatar
3 votes
1 answer
121 views

How can one view the changes made by amendments to bills in Congress?

In this particular case, I am interested in bill S.1838 in the 116th Congress. There is an amendment to this bill called S.Amdt.1246 to S.1838. However, I can't find any information about what changed....
Aaron Franke's user avatar
2 votes
3 answers
559 views

What would happen if the Corwin Amendment was ratified today?

Hypothetically let's say 3/4 of the U.S. states ratified the Corwin Amendment, which was designed to protect the institution of slavery from being banned by the federal government: No amendment ...
Connor Lonergan's user avatar
2 votes
1 answer
320 views

How Does Military Budgeting Work? The 1969 Mansfield Amendment

I'm personally curious as to the impact of Senator Mike Mansfield's (D) amendment to the fiscal year 1970 Military Authorization Act (Public Law 91-121, Section 203) on science research and funding ...
GMoss's user avatar
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2 votes
1 answer
252 views

Where can I find the full text of the Brady amendment voted by the UK House of Commons on 29 Jan 2019?

I know the House of Commons website has the text of bills, but this is an amendment to a statement, so I can't for the life of me find it; any help much appreciated! :)
Gabi's user avatar
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2 votes
1 answer
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US Constitution: who participates in Constitutional Conventions?

I am trying to understand the process of amending the U.S. Constitution. I believe I understand the usual process of amendments (2/3 of Congress, 3/4 of state legislatures), but I don't quite get how ...
ostrichofevil's user avatar
2 votes
1 answer
106 views

What makes a law proposal eligible for voting by the public?

For example, in Florida they are voting for: Amendment 3 · Tax exemption for totally and partially disabled first-responders Results expected after 7 PM EST Amendment 5 · Tax exemption for low-income,...
ronenfe's user avatar
  • 271
1 vote
2 answers
187 views

Irreplaceability of Indian Reservation Law in constitution using Game Theory

Just to give the context: My underlying opinion here is that caste-based reservation should be abolished. And if any form of reservation is present it should be solely based on economic background. ...
ztart14578's user avatar
1 vote
1 answer
249 views

Have there ever been serious attempts to pass an amendment to the constitution to better define when impeachment may occur?

Every time impeachment has come up (Nixon, Clinton, and Trump) the difficulty of defining what was impeachment worthy has come up. This seems to be because the constitution gives very little ...
dsollen's user avatar
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1 vote
1 answer
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As of the time of this question, what ongoing efforts exist to ratify the Child Labor Amendment (besides the Nebraska Legislature)?

According to the supreme court case Coleman V. Miller, if congress does not set an end date by which an amendment to the constitution must be ratified, then it remains a indefinitely pending amendment ...
isakbob's user avatar
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1 vote
1 answer
165 views

How was the Senate able to discuss and vote on all the amendments to the Inflation Reduction Act?

The US Senate spent the past weekend debating and voting on the Inflation Reduction Act. This spreadsheet lists nearly 300 amendments that were introduced during this time. How were they able to ...
Barmar's user avatar
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1 vote
0 answers
69 views

Does the US presidential term begin depending on time zones? [duplicate]

As per the 20th Amendment, the terms of US presidents begin and end at "noon of the 20th day of January", but no location is specified. One possible interpretation is that the transition ...
Hagen von Eitzen's user avatar
0 votes
1 answer
322 views

Can the US president be thrown out of office via a Constitutional convention?

Say a very corrupt president were able to use threats to make Congress do as they said and committed many impeachable offenses, but Congress wouldn’t get rid of them, could 3/4ths of the state ...
The Mamba's user avatar
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0 votes
1 answer
195 views

What are former US judge J. Michael Luttig arguments for "why he thinks it’s time to reform the Electoral Count Act"?

Politico's The never-before-told backstory of Pence's Jan. 6 argument begins: Former judge J. Michael Luttig shares the story of the run-up to the insurrection, and why he thinks it’s time to reform ...
uhoh's user avatar
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0 votes
1 answer
288 views

How does Ireland maintain constitutional stability when it is relatively easy to amend the Constitution? [closed]

It is relatively easier to amend the Constitution in Ireland than in other countries. To change the Irish Constitution, the amendment must: Be approved by both the lower and upper house of Parliament ...
QuantumWalnut's user avatar
0 votes
2 answers
531 views

Why did issues about rural district representation not concern framers of the 17th amendment?

Background In the United States, the 17th amendment changed the election of senators from state legislatures to the popular vote: Amendment XVII The Senate of the United States shall be ...
isakbob's user avatar
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