who has the power to propose amendments to the u.s. constitution
either by the Congress
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Article Five of the United States Constitution Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of
Article Five of the United States Constitution
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a simulated convention to propose amendments to the United States Constitution in Williamsburg, Virginia. An assembly of 137 delegates representing every state gathered to conduct a simulated convention. The simulated convention passed amendments relating to six topics, including requiring the states to approve any increase in the national debt, imposing term limits, restricting the scope of the Commerce Clause, limiting the power of federal regulations, requiring a supermajority to impose federal taxes and repealing the 16th Amendment, and giving the states the power to abrogate any federal law, regulation, or executive order. , CSG's application for a Convention of States
Convention to propose amendments to the United States Constitution
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Congress to propose amendments when two-thirds of both houses agreed, or to propose amendments without a congressional supermajority "on the application of two thirds of the Legislatures of the several states." This draft version of Article V lacked any provision for a constitutional convention requested by the states, and instead included language almost identical to the final version of Article V but giving states the power to apply to Congress for amendments without any convention. The draft language suggests that states applying to Congress for amendments would have to say what sort of amendments they were applying for, because a
Convention to propose amendments to the United States Constitution
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would work, stating that "difficulties might arise as to the form" a convention would take. He later proposed removing reference to the convention amendment process, thus giving the national legislature sole authority to propose amendments whenever it thought necessary or when two-thirds of the states applied to the national legislature. Several delegates voiced opposition to the idea of the national legislature retaining sole power to propose constitutional amendments. George Mason argued from the floor of the Convention that it "would be improper to require the consent of the National Legislature, because they may abuse their power, and refuse their consent
Convention to propose amendments to the United States Constitution
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States Constitution. Meckler has noted: "By calling a convention of states, we can stop the federal spending and debt spree, the power grabs of the federal courts, and other misuses of federal power. The current situation is precisely what the Founders feared, and they gave us a solution we have a duty to use." After Marco Rubio endorsed CSG's plans for a convention of states to propose amendments, Meckler said he was glad to see the Convention of States Project "enter the mainstream of presidential politics." In September 2016, CSG held a simulated convention to propose amendments to the United
Mark Meckler
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to constitutionally prohibit unrelated riders in Congress. Convention to propose amendments to the United States Constitution A convention to propose amendments to the United States Constitution, also called an Article V Convention or amendments convention, called for by two-thirds (currently 34) of the state legislatures, is one of two processes authorized by Article Five of the United States Constitution whereby the United States Constitution may be altered. Amendments may also be proposed by the Congress with a two-thirds vote in both the House of Representatives and the Senate. To become part of the Constitution, an amendment must be ratified by
Convention to propose amendments to the United States Constitution
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Convention to propose amendments to the United States Constitution A convention to propose amendments to the United States Constitution, also called an Article V Convention or amendments convention, called for by two-thirds (currently 34) of the state legislatures, is one of two processes authorized by Article Five of the United States Constitution whereby the United States Constitution may be altered. Amendments may also be proposed by the Congress with a two-thirds vote in both the House of Representatives and the Senate. To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-fourths
Convention to propose amendments to the United States Constitution
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to amend the Constitution, the number of states applying for a convention has nearly reached the required threshold several times. Congress has proposed amendments to the Constitution on several occasions, at least in part, because of the threat of an Article V Convention. Rather than risk such a convention taking control of the amendment process away from it, Congress acted pre-emptively to propose the amendments instead. The Bill of Rights, which includes the first ten amendments, as well as the Twenty-seventh Amendment, were proposed in part because of a Convention application by the New York and Virginia legislatures at the
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more success. Opponents to congressional regulation of an Article V convention's operations argue that neither Article I nor Article V of the Constitution grants Congress this power, and that the Founders intended that Congress "have no option." There has been no opportunity for federal courts to decide whether Congress has such authority because such legislation has never been adopted by Congress. Some scholars believe that states have the power to limit the scope of an Article V convention. Larry Sabato is one scholar who advanced that view. Some feel that Congress's duty to call a convention when requested by the
Convention to propose amendments to the United States Constitution
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to state officers. Constitution of North Dakota The Constitution of North Dakota is the most basic legal document in the U.S. State of North Dakota. It consists of a preamble and thirteen articles. Amendments to the North Dakota Constitution have always required the approval of a majority of voters. Between 1889 and 1914, the power to propose amendments to the Constitution rested with the North Dakota Legislative Assembly. In 1914, the voter constitutional initiative was introduced; between 1914 and 2012, 74 initiated amendments were considered by North Dakota voters. North Dakota's constitution was amended in 2012 to legally mandate the
Constitution of North Dakota
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Constitution of North Dakota The Constitution of North Dakota is the most basic legal document in the U.S. State of North Dakota. It consists of a preamble and thirteen articles. Amendments to the North Dakota Constitution have always required the approval of a majority of voters. Between 1889 and 1914, the power to propose amendments to the Constitution rested with the North Dakota Legislative Assembly. In 1914, the voter constitutional initiative was introduced; between 1914 and 2012, 74 initiated amendments were considered by North Dakota voters. North Dakota's constitution was amended in 2012 to legally mandate the administration of oaths
Constitution of North Dakota
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or a submission by the governor. Under the terms of Article V of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution. After the convention has concluded its business 75% of the states will then be required to ratify what the convention has proposed. Under Article II, state legislatures choose the manner of appointing the state's presidential electors. Formerly, state legislatures appointed the U.S. Senators from their respective states
State legislature (United States)
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state legislators to call a convention of states." CSG states that it initiated the Convention of States project "for the purpose of stopping the runaway power of the federal government." Mark Levin has supported CSG's efforts to a call a convention for the purpose of proposing amendments to the constitution. In December 2013, nearly 100 legislators from 32 states met at Mount Vernon to talk about how to call a convention of states. According to "Slate", "The meeting lasted four hours, ending when legislators agreed to meet again in the spring of 2014. That’s the most progress anyone’s made in
Convention to propose amendments to the United States Constitution
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as stated by law or Constitution. The Legislative Assembly, with the consent of two-thirds of each chamber may propose amendments to the constitution. Proposed amendments are then subject to approval by the people of Puerto Rico in a referendum. It also has the power to consolidate or create municipalities. Under Article III, Sections 5 and 6, members of the Legislative Assembly must be fluent in either Spanish or English, must be a citizen of the United States and Puerto Rico, and have resided in Puerto Rico for at least two years prior to their election. Senators must be at least
Legislative Assembly of Puerto Rico
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these are "member bills." The remainder are bills by committees responsible for certain functions, such as budget. In 2016, about 15% of the bills were passed. In 2017, 1,885 lobbyists registered to represent 3,724 entities. The House also has the power to propose Amendments to the Florida Constitution. Additionally, the House has the exclusive power to impeach officials, who are then tried by the Senate. The House is headed by a speaker, elected by the members of the House to a two-year term. The speaker presides over the House, appoints committee members and committee chairs, influences the placement of bills
Florida House of Representatives
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is headed by the President, a post held "ex officio" by the Lieutenant Governor, who only has a tie-breaking "casting vote", but more often it is presided over by the Temporary President or by a senator of the Majority Leader's choosing. The Legislature is empowered to make laws, subject to the Governor's power to veto a bill. However, the veto may be overridden by the Legislature if there is a two-thirds majority in favor of overriding in each House. Furthermore, it has the power to propose amendments to the New York Constitution by a majority vote and then another majority
Government of New York (state)
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2016, a trial was scheduled for November 2017. CSG has called for a convention to propose amendments to the United States Constitution. According to Meckler: CSG has opened numerous chapters across the nation to urge state legislators to summon a national convention; for example, in Virginia, the group sponsored the founder of Patrick Henry College, Michael Farris, to launch a "Convention of States Project" which is a forum for delegates appointed by state governments to propose amendments to the constitution. In December 2013, nearly 100 legislators from 32 states met at Mount Vernon to talk about how to call a
Citizens for Self-Governance
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general petition (that is, one not limited by subject matter) asking Congress to propose amendments would serve little purpose "beyond notifying Congress that two‐thirds of the States thought that some unknown changes to the Constitution were desirable." Therefore, due to the similarity between the draft and final versions, Rogers contends that state applications to Congress must specify subject matter, and must be tallied individually by subject matter to determine whether the two-thirds threshold of state applications has been met. A dissenting view has been expressed by Michael Stokes Paulsen, a professor at the University of St. Thomas School of Law.
Convention to propose amendments to the United States Constitution
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a number of deprecatory nicknames, including "Rogue Island" and "the Perverse Sister". One provision of the Articles of Confederation stated that an amendment to the Articles could only be made with the approval of all of the states, and this gave any state a functional veto power over amendments. Other states opposed amendments that might harm their own interests, but Rhode Island was particularly ready to use its veto power. The United States Congress called a convention to propose amendments in order to deal with this and other perceived shortcomings in the Articles, but Rhode Island refused to participate, and
Ratification of the United States Constitution by Rhode Island
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with drafting amendments to the Articles of Confederation rather than a new constitution. The US Constitution contains no provision for its own replacement, so any constituent assembly would necessarily be extra-constitutional. Article V of the Constitution does permit Congress to appoint a national constitutional convention to propose amendments but has never done so. While Congress has the option to submit both its own proposals for amendments and those of a national convention to state conventions rather than the state legislatures for ratification; this process has been used only once (for the Twenty-first Amendment). Neither of these would necessarily be constituent
Constituent assembly
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rein in the federal government. , CSG's resolution has passed in 12 states. Similarly, the group Wolf PAC chose this method to promote its cause, which is to overturn the U.S. Supreme Court's decision in "Citizens United v. FEC". Their resolution has passed in five states. Eight state constitutions in effect at the time of the 1787 Constitutional Convention convened in Philadelphia included an amendment mechanism. Amendment-making power rested with the legislature in three of the states and in the other five it was given to specially elected conventions. The Articles of Confederation provided that amendments were to be proposed
Convention to propose amendments to the United States Constitution
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(presently 38) of the states or state ratifying conventions in three-fourths of the states. Thirty-three amendments to the United States Constitution have been approved by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution. , the convention process has never been used for proposing constitutional amendments. While there have been calls for an "Article V Convention" based on a single issue such as the balanced budget amendment, it is not clear whether a convention summoned in this way would be legally bound to limit discussion to a
Convention to propose amendments to the United States Constitution
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1". This "simple legislation as the means to amend" would only require approval by both Houses voting separately. All proposed amendment methods must be ratified by a majority vote in a national referendum. While no amendment to the 1987 Constitution has succeeded, there have been several high-profile attempts. None reached the ratification by referendum stage. The President, through official proclamation or executive order, may create a consultative body that will study and propose amendments or revisions to the constitution. However, the draft of the consultative committee will only serve as a guide for the constitutional body that will propose amendments
Constitutional reform in the Philippines
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Samuel Chase had stated that the president "has nothing to do with the proposition, or adoption, of amendments to the Constitution". The brief report by the reporter of decisions quotes Chase and the arguments of the opposing attorneys, but fails to explicitly give precise reasons for the Supreme Court's unanimous decision in this case, though it is known that none of the earlier amendments had been presented to the president for approbation either. Article V of the Constitution says: "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution". Congress thus may
Hollingsworth v. Virginia
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permitted to file amendments, while the House of Delegates had the power to propose bills. Accordingly, the Senate had far less power than the House, until the revised Virginia constitution of 1851 allowed the Senate to propose new laws. The annual salary for senators is $18,000 per year. To qualify for office, senators must be at least 21 years of age at the time of the election, residents of the district they represent, and qualified to vote for General Assembly legislators. The regular session of the General Assembly is 60 days long during even numbered years and 30 days long
Senate of Virginia
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the legislature filed about 2000 bills. About 1000 of these are "member bills." The remainder are bills by committees responsible for certain functions, such as budget. In 2016, about 15% of the bills were passed. In 2017, 1,885 lobbyists registered to represent 3,724 entities. The Senate also has the power to propose Amendments to the Florida Constitution. Additionally, the Senate has the exclusive power to try officials impeached by the House, and to confirm some executive appointments. The Senate is headed by the Senate President. The Senate President controls the assignment of committees and leadership positions, along with control of
Florida Senate
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on that very account." Mason added that, "no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive." In response to these concerns, the Convention unanimously voted to add the language allowing states to apply to Congress for a convention to propose amendments to the Constitution. A frequent question is whether applications from the states can omit to mention subject matter, and instead request an unlimited convention. Past practice suggests that separate unlimited applications submitted to Congress at different times are not allowed. Article V itself calls for "the application of the
Convention to propose amendments to the United States Constitution
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Vermont General Assembly, the state's bi-cameral legislature, has the sole power to propose amendments to the Constitution of Vermont. The process must be initiated by a Senate that has been elected in an "off-year", that is, an election that does not coincide with the election of the U.S. president. An amendment must originate in the Senate and be approved by a two-thirds vote. It must then receive a majority vote in the House. Then, after a newly elected legislature is seated, the amendment must receive a majority vote in each chamber, first in the Senate, then in the House. The
Constitution of Vermont
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single issue; law professor Michael Stokes Paulsen has suggested that such a convention would have the "power to propose anything it sees fit", whereas law professor Michael Rappaport and attorney-at-law Robert Kelly believe that a limited convention is possible. In recent years, some have argued that state governments should call for such a convention. They include Michael Farris, Lawrence Lessig, Sanford Levinson, Larry Sabato, Jonathan Turley, Mark Levin, Ben Shapiro, and Greg Abbott. In 2015, Citizens for Self-Governance launched a nationwide effort to call an Article V Convention, through a project called Convention of the States, in a bid to
Convention to propose amendments to the United States Constitution
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until 1950, when it began to meet annually. The lieutenant governor served as Senate President until 1974 when Article V, Section 10 of the state constitution was amended, granting the Colorado Senate the right to elect one of its own members as President. The Colorado Constitution establishes a system of government based on the separation of powers doctrine with power divided among the executive, legislative and judicial branches of government. Article V vests the legislative power of the state in the General Assembly, while reserving to the people the power to propose, approve, and reject both laws and amendments to
Colorado General Assembly
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within this country other than the Philippine State, much less does it provide for the possibility of any transitory status to prepare any part of Philippine territory for independence.” Likewise, the Court held as unconstitutional the guarantees under the MOA-AD that the government will implement the necessary constitutional amendments to create a framework for its implementation. According to the Court, the peace panel and even the president do not have the authority to make such guarantees because they do not have the power to propose amendments to the Constitution, such power being vested exclusively in Congress. The junking of the
Bangsamoro peace process
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states means that it must call the convention that the states requested. If the states, therefore, request a convention limited to a certain subject matter, then the convention that is called would likely need to be limited in the way the states requested. If states have the power to limit an Article V convention to a particular subject matter, and Congress only has power to call a convention but no further power to control or regulate it, then a potential concern becomes whether an Article V convention could become a "runaway convention" that attempts to exceed its scope. If a
Convention to propose amendments to the United States Constitution
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on the second Wednesday of January each year. Along with the Illinois Senate and governor, it is vested with the power to make laws, come up with a state budget, act on federal constitutional amendments, and propose constitutional amendments to the state constitution. The Illinois House of Representatives also holds the power to impeach executive and judicial officials. A person must be a U.S. citizen and two-year resident of an electoral district of at least 21 years of age to serve in the Illinois House of Representatives. Members of the House cannot hold other public offices or receive appointments by
Illinois House of Representatives
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constitution in the event of an exact tie in the popular vote, an extremely unlikely election result. The General Assembly can propose amendments to the state constitution, but only through one of the two available time-consuming processes: For the legislature to propose amendments to the state constitution directly, an amendment must first be passed by an absolute majority of the membership of each house during one term of the Assembly. Then, during the next General Assembly term, each house must pass the amendment again, this time by a two-thirds majority. The amendment must then be put on the statewide ballot,
Tennessee General Assembly
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table. The NCOP may consider, amend, propose amendments to, or reject legislation. It must consider all national bills, and also has the power to initiate legislation in the functional areas where Parliament and the provincial legislatures have concurrent legislative power. The NCOP has four decision-making mechanisms depending on the type of bill: The following people have served as Chairperson of the NCOP: National Council of Provinces The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is
National Council of Provinces
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they may deem it necessary to their safety and happiness, provided, such change be not repugnant to the constitution of the United States. In addition to providing for voting the people of Colorado have reserved initiative of laws and referendum of laws enacted by the legislature to themselves... the people reserve to themselves the power to propose laws and amendments to the constitution and to enact or reject the same at the polls independent of the general assembly and also reserve power at their own option to approve or reject at the polls any act or item, section, or part
Politics of Colorado
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of the state voting for governor." Under the convention method, the legislature can put on any ballot the question of whether to call a constitutional convention. The question must state whether the convention is limited (to make amendments to the existing constitution) or unlimited (to propose an entirely new constitution). If the convention is limited, the question must state the provisions of the current constitution that are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only the amendments to the provisions that are specified in the call. The proposed amendments (or new constitution)
Constitution of Tennessee
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legislatures" instead of calling for plural "applications". States have requested that Congress convene an Article V convention to propose amendments on a variety of subjects. According to the National Archives, Congress has, however, never officially tabulated the applications, nor separated them by subject matter. On at least one occasion though, the "Congressional Record" has included such a tabulation, which indicated that, , thirty states had made a request for a balanced budget amendment. In 1993, professor Michael Paulsen and his research staff assembled a listing of all state applications to date, but neither Paulsen's list, nor any other, can be
Convention to propose amendments to the United States Constitution
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dominated by Democrats for about 30 years. Between 2002 and 2005, the Republican conference dropped from 53 seats to 45. Republicans even lost some districts that historically have been reliably Republican, especially on Long Island. The Republican conference was increased by nine seats beginning with the 2011 session. The Legislature is empowered to make law, subject to the governor's power to veto a bill. However, the veto may be overridden by the Legislature if there is a two-thirds majority in favor of overriding in each House. Furthermore, it has the power to propose New York Constitution amendments by a majority
New York State Legislature
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education benefits to Texas veterans and their families. Birdwell argued that rising costs from legislation pushed decades earlier by state Senator Grady Hazlewood of Amarillo, which permits veterans to attend state institutions without tuition expenses, threatens the solvency of overall state educational funding. In February 2017, Birdwell sponsored Senate Joint Resolution 2, which calls for a convention to propose amendments to the United States Constitution. The resolution "seeks amendments that place restraints on the federal budget and check power and enact term limits for U.S. officials." Senate Joint Resolution 2 was passed by both chambers of the Texas Legislature. In
Brian Birdwell
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to propose amendments directly. In 1998, voters were asked about two amendments. One was the Victims' Rights Amendment, which required prosecutors to stay in touch with crime victims and their families, to explain to them how purported offenses involving them were to be prosecuted, and to notify them when persons who had committed crimes against them were being scheduled for parole or release, among other provisions. The other amendment removed the word "comfortable" from the requirements for minimum standards for prisons. Both of these amendments passed by overwhelming margins in an election marked by a very light turnout. The amendments
Constitution of Tennessee
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However, a s. 38 amendment in that regard will not apply to a province that has passed a resolution of dissent from it, and s. 40 states that a s. 38 amendment that transfers provincial jurisdiction over an education or cultural matter to Parliament must be accompanied by reasonable compensation by Canada to the provinces. There has been a debate among legal scholars as to whether the Supreme Court of Canada is entrenched in the Constitution of Canada. The Supreme Court of Canada was not created by the constitution, rather the power to create a "Court of General Appeal for
Amendments to the Constitution of Canada
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to call for a Constitutional Convention in which they would propose the amendments comprising the bill. Alternatively, the United States Congress could propose the amendments to the states, as they have done every time a Convention to propose amendments has been called for. The amendments, summarized by number below, would do the following; On April 16, 2009, Barnett appeared on the Glenn Beck Show to address the question, "What redress do states have who are tired of getting kicked around by the federal government?" Barnett proposed the idea of passing a constitutional amendment and argued that by threatening to hold
Randy Barnett
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Constituent Assembly (Philippines) The Constituent Assembly, is a term describing one of the three methods by which amendments to the 1987 Constitution of the Philippines may be proposed. The other two modes are via People's Initiative and Constitutional Convention. All three require a majority vote in a national referendum. Constituent Assembly is composed of all members of the bicameral Congress of the Philippines (Senate and the House of Representatives). It is convened by Congress to propose amendments to the 1987 constitution. Under Article XVII of the Constitution of the Philippines, amendments pass upon a vote of three fourths of all
Constituent Assembly (Philippines)
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law annually. In 2013, the legislature filed about 2000 bills. About 1000 of these are "member bills." The remainder are bills by committees responsible for certain functions, such as budget. In 2016, about 15% of the bills were passed. In 2017, 1,885 lobbyists registered to represent 3,724 entities. The Legislature also has the power to propose Amendments to the Florida Constitution. The House of Representatives is headed by the Speaker of the House, while the Senate is headed by the Senate President. The House Speaker and Senate President control the assignment of committees and leadership positions, along with control of
Florida Legislature
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Maryland, and Nevada) have rescinded their applications to call for an Article V convention to enact a federal balanced budget amendment. While the Supreme Court has never definitively interpreted the meaning of Article V, it has, on four separate occasions, referred to the Article V convention process: "Dodge v. Woolsey", 59 U.S. 331 (1855): "[The people] have directed that amendments should be made representatively for them, by the Congress ...; or where the legislatures of two thirds of the several States shall call a convention for proposing amendments, which, in either case, become valid, to all intents and purposes, as
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suggestion of a letter from the New York State Convention to ratify the Constitution. The Convention would have been limited to those changes discussed at the various State ratifying Conventions. At least four other amendments (the Seventeenth, Twenty-First, Twenty-Second, and Twenty-Fifth Amendments) have been identified as being proposed by Congress at least partly in response to the threat of an Article V convention, bringing the total to 15 out of 27, a majority of the Amendments. In the late 1890s, the House of Representatives passed multiple resolutions for a constitutional amendment providing for direct election of senators. The Senate refused
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president-elect is announced before the end of the incumbent president’s term, the incumbent president continues in office until the end of his term. In the case of temporary incapacitation of the president, the constitution provides the president to relinquish his powers to the Prime Minister. However the person who takes office is limited in power as the new president can not dissolve the parliament, propose constitutional amendments or remove the cabinet from office. In case of the vacancy of the presidential office or the permanent incapacitation of the President, the Speaker of the People’s Assembly shall temporarily assume the presidency.
President of Egypt
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safely characterized as "complete" since there may very well be state applications that have been overlooked and/or forgotten. According to James Kenneth Rogers, the drafting history of Article V indicates that states may limit the subject matter of their applications, and that Congress has a duty to tally applications separately by subject matter. Moreover, Rogers asserts that states may "not" make a general application without specifying the subject or subjects to be addressed by the convention. Rogers points out that, during the drafting process, the Philadelphia Convention at one point adopted a version of Article V that gave power to
Convention to propose amendments to the United States Constitution
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meets annually to discuss matters of importance to the AAAS. They have the power to review all activities of the Association, elect new fellows, adopt resolutions, propose amendments to the Association's constitution and bylaws, create new scientific sections, and organize and aid local chapters of the AAAS. The Council recently has new additions to it from different sections which include many youngsters as well. John Kerry of Chicago is the youngest American in the council and Akhil Ennamsetty of India is the youngest foreign council member. The board of directors is composed of a chairperson, the president, and the president-elect
American Association for the Advancement of Science
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State constitution may be altered only in accordance with its own provisions, hence not by the Commonwealth Parliament. However, both versions of the "Australia Act" contain amendments to the constitutions of Queensland (s 13) and Western Australia (s 14). In Kirby J's view in "Marquet" (2003), this was inconsistent with Constitution s 106, so that the "Australia Act" (Cth) was not a valid exercise of Commonwealth legislative power. A majority, however, thought that it was sufficient that the Act had been passed in reliance on Constitution s 51(xxxviii), which gives the Commonwealth parliament power to legislate at the request of
Australia Act 1986
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overridden by the Legislature if there is a two-thirds majority in favor of overriding in each House. The Legislature has the sole power to propose amendments to the Constitution of Vermont. An amendment must originate in the Senate, where it must receive a two-thirds vote. After passing the Senate, it must also receive a majority vote in the House. Any amendment that passes both Houses must be repassed by majority votes, after a newly elected legislature is seated; again, first in the Senate, then in the House. The proposed amendment must then be passed by a majority of the state's
Vermont General Assembly
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co-princes (or their designated representatives) in their negotiation process as well as their final approval; these are detailed in Articles 66 and 67 of the constitution. The co-princes jointly retain the right to propose amendments to the constitution; this same right rests with the General Council. They have no veto power over legislation passed by the General Council, though they do retain a veto over certain international treaties, as described above. Co-Princes of Andorra The Co-Princes of Andorra or the Co-Monarchs of Andorra are jointly the head of state ("Cap d'Estat") of the Principality of Andorra, a landlocked microstate lying
Co-Princes of Andorra
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changes made to Amendment 82), others remain physically separate from the text. Notable amendments shown separately include: The current Constitution allows for two methods of amendment. However, each method is shown in a separate section. Under Section 22 of Article 19, either house of the General Assembly may propose amendments. The amendment requires majority approval of both houses in a recorded vote, publication in at least one newspaper in each county for six months prior to the next election of the Assembly, and majority approval of the voters. However, the Section places further restrictions on legislative amendments, requiring each amendment
Constitution of Arkansas
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Nova Scotia (Speaker of the House of Assembly), [1993] 1 S.C.R. 319 that s. 52(2) is not exhaustive, but has not yet ruled on whether the Supreme Court Act is included in the Constitution of Canada. This issue has implications for judicial selection in Canada. S. 4(2) of the Supreme Court Act specifies that the Governor in Council (federal cabinet) has the power to appoint judges to the Supreme Court. Prime Minister Stephen Harper has announced that a new reformed selection process will be developed. If the new process binds the federal government, it will necessarily involve an amendment to
Amendments to the Constitution of Canada
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amendments for restricting Kosovo's powers, guaranteed by the 1974 SFRY Constitution. It could propose such amendments but these required acceptance by the Kosovo Assembly before being adopted. On 23 March 1989 Kosovo Assembly accepted changes to its constitution, removing its autonomy. Representatives handpicked by Serbia approved changes to Kosovo's Constitution, starting the disintegration of the SFRY and the oppression and brutality in Kosovo. Kosovo Albanians responded with a non-violent separatist movement, employing widespread civil disobedience and creation of parallel structures in education, medical care, and taxation, with the ultimate goal of achieving the independence of Kosovo. On 2 July 1990,
Constitution of Kosovo
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amendments. Upon Gerry's urging, the Convention added back the Virginia Plan's original method whereby Congress would propose amendments that the states would then ratify. All amendments to the Constitution, save the 21st amendment, have been made through this latter method. Despite their successes, these three dissenters grew increasingly unpopular as most other delegates wanted to bring the Convention's business to an end and return home. As the Convention was drawing to a conclusion, and delegates prepared to refer the Constitution to the Committee on Style to pen the final version, one delegate raised an objection over civil trials. He wanted
Constitutional Convention (United States)
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allows the electorate to propose amendments by petition, and ratification by popular vote. Section 3 establishes the precedent that, starting with 1978 and every 16th year thereafter, the electors of the state will be asked whether the constitution shall be revised. If a majority of the popular vote finds this to be the case, there will be a constitutional convention. The Michigan Constitution has been amended several times since its creation. Constitution of Michigan The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's
Constitution of Michigan
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clear from the language of Article V whether a subsequent vote to rescind an application is permissible. As discussed above, however, if the purpose of Article V is to give state legislatures power over a recalcitrant Congress—and if state lawmakers may indeed limit their applications by specific subject matter—it is possible that federal courts would hold that rescissions of previous applications are likewise valid, in order to give more meaningful effect to the power which Article V confers upon state legislators. If it is ultimately adjudicated that a state may "not" rescind a prior application, then Ohio's 2013 application for
Convention to propose amendments to the United States Constitution
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at Philadelphia in May 1787. While the resolution calling the Convention specified that its purpose was to propose amendments to the Articles, through discussion and debate it became clear by mid-June that the Convention would propose a Constitution with a fundamentally new design. The Congress of the Confederation endorsed a plan to revise the Articles of Confederation on February 21, 1787. It called on each state legislature to send delegates to a convention "'for the sole and express purpose of revising the Articles of Confederation' in ways that, when approved by Congress and the states, would 'render the federal constitution
History of the United States Constitution
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create, abolish, consolidate and reorganize municipalities; to change their territorial limits; to determine their organization and functions; and to authorize them to develop programs for the general welfare and to create any agencies necessary for that purpose. It also authorizes the Commonwealth of Puerto Rico to impose and collect taxes and to authorize their imposition and collection by municipalities, as determined by the Legislative Assembly. Article 7 established the rules to perform amendments to the constitution, the Legislative Assembly may propose amendments to this Constitution by a concurrent resolution approved by not less than two-thirds of the total number of
Constitution of Puerto Rico
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Congress consents to amendment or a legal determination is made that such consent is not necessary". Section 1 of article 19 explains how the Assembly or Senate may propose amendments to the constitution. A majority of all members of both houses must pass the proposed amendment. The proposed amendment must then pass the next consecutive biennial session. If it passes, the proposed amendment is sent to the people for vote. If the majority of the registered votes pass the amendment, the constitution is amended/changed. Sections 2 and 3 of article 19 defines how citizen initiatives for constitutional amendments can be
Constitution of Nevada
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head of New York and New Jersey Port Authority). The Convention was chaired by Frederick E. Crane, the Chief Judge of the State Court of Appeals. Governor Herbert Lehman appointed Charles Poletti to head a committee to gather information for the convention's use. The twelve-volume report they produced is called the "Poletti Report". The 1938 Convention did not actually adopt a new Constitution, but it did propose changes (57 amendments in all) to the continuing Constitution of 1894, which were bundled into nine questions for the voters; only six questions of amendments were approved. Changes approved were: In the 1960s,
New York Constitution
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is available for people to sign to show their support for the fight against corruption. The Pledge has four provisions: Over the weekend of October 29, 2011, a coalition of Rootstrikers and the conservative Tea Party Patriots held a "Conference on the Constitutional Convention" in hopes of generating support for the calling of a national convention to propose proposing amendments to the U.S. Constitution. Such a convention, also called an "Article V Convention", is one of two ways processes authorized by Article Five of the United States Constitution whereby the Constitution, the nation's frame of government, may be altered, and
Rootstrikers
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a deadline on a particular Constitutional amendment's ratification, the Court reaffirmed that "A further mode of proposal—as yet never invoked—is provided, which is that, on the application of two-thirds of the states, Congress shall call a convention for the purpose." "United States v. Sprague", 282 U.S. 716 (1931): "[A]rticle 5 is clear in statement and in meaning, contains no ambiguity and calls for no resort to rules of construction. ... It provides two methods for proposing amendments. Congress may propose them by a vote of two-thirds of both houses, or, on the application of the legislatures of two-thirds of the
Convention to propose amendments to the United States Constitution
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(see List of Oregon ballot measures). The changes have included the introduction of a direct legislation system, which enabled Oregon voters to propose and approve amendments both to the Constitution and to the Oregon Revised Statutes. In 1905, a coalition of Oregon lawyers advocated for convening a constitutional convention the following year, and drafted plans for the selection of delegates. According to "The Oregonian", Portland attorneys were "almost to a man in favor of making the change". Dissenters included Portland attorneys George W. Joseph, who advised "leaving well enough alone", and C.E.S. Wood, who insisted that the recent passage of
Constitution of Oregon
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third term in the legislature in 2014 and 2016 without opposition. During the 2014 session of the Florida Legislature, Beshears sponsored a bill in the Florida Legislature that made application to Congress to convene an Article V Convention to propose amendments to the United States Constitution for the limited purpose of proposing a Single Subject Amendment. This bill passed the Florida Legislature making Florida the first state in United States history to apply for an Article V Convention to propose this amendment to the United States Constitution. See the April 23, 2014 entry in List of state applications for an
Halsey Beshears
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Fitzenhagen cosponsored a bill in the Florida Legislature that made application to Congress to convene an Article V Convention to propose amendments to the United States Constitution for the limited purpose of proposing a Single Subject Amendment. This bill passed the Florida Legislature making Florida the first state in United States history to apply for an Article V Convention to propose this amendment to the United States Constitution. See the April 23, 2014 entry in List of state applications for an Article V Convention. Fitzenhagen joined personal injury law firm Morgan & Morgan in July 2014." Heather Fitzenhagen Heather Dawes
Heather Fitzenhagen
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Constitution was drafted that Congress would have no discretion. In "The Federalist", Alexander Hamilton stated that when the proper number of applications had been received, Congress was "obliged" to call a convention and that "nothing is left to the discretion of Congress." James Madison also affirmed Hamilton's contention that Congress was obligated to call a convention when the requisite number of states requested it. In the North Carolina debates about ratifying the Constitution, James Iredell, who subsequently became one of the founding members of the Supreme Court, stated that when two-thirds of states have applied to Congress for a convention,
Convention to propose amendments to the United States Constitution
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applying to Congress for repeal of the law, instructing their senators to submit a constitutional amendment, or calling a convention to propose constitutional amendments. During the Nullification Crisis of the 1830s, Madison further explained the concept of interposition as set forth in his Virginia Resolution. Madison denied that any single state had the right to unilaterally determine that a federal statute is unconstitutional. Madison wrote, "But it follows, from no view of the subject, that a nullification of a law of the U. S. can as is now contended, belong rightfully to a single State, as one of the parties
Interposition
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States, must call a convention to propose them." Because of the political question doctrine and the Court's ruling in the 1939 case of "Coleman v. Miller" (307 U.S. 433), it remains an open question whether federal courts could assert jurisdiction over a legal challenge to Congress, if Congress were to refuse to call a convention. Every state except Hawaii has applied for an Article V Convention at one time or another. The majority of such applications were made in the 20th century. Before any official count had been taken, one private count puts the total number of applications at over
Convention to propose amendments to the United States Constitution
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version of the law in 1987). By 1989, two states (Alabama and Florida) had rescinded their applications. Similar recisions were passed in Nevada (1989), Louisiana (1991), Colorado (1992), Oregon (1999), Idaho (2000), Utah, (2001), North Dakota (2001) Wyoming (2001), Arizona (2003) and Georgia (2004). Recently the movement has seen a revival. On November 20, 2013, the Ohio General Assembly applied to Congress for a convention to propose a balanced budget amendment. This effort made Ohio the 20th state to join a push for a national convention of states. On March 26, 2014, the Michigan Legislature applied to Congress for a
Convention to propose amendments to the United States Constitution
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the House in 1912 and submitted to the states. There have been two nearly successful attempts to amend the Constitution via an Article V Convention since the late 1960s. The first try was an attempt to propose an amendment that would overturn two Supreme Court decisions, "Wesberry v. Sanders" and "Reynolds v. Sims", decisions that required states to adhere to the one man, one vote principle in drawing electoral districts for state and federal elections. The attempt fell only one state short of reaching the 34 needed to force Congress to call a convention in 1969, but ended by the
Convention to propose amendments to the United States Constitution
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2017, DeMint became a senior advisor to Citizens for Self-Governance, an organization that supports a convention to propose amendments to the United States Constitution for the purpose of reducing federal government spending and power. Also in 2017, DeMint became the founding chairman of the Conservative Partnership Institute, which focuses on the professional development of conservative staffers and elected officials. DeMint was born in Greenville, South Carolina, one of four children. His parents, Betty W. (née Rawlings) and Thomas Eugene DeMint, divorced when he was five years old. Following the divorce, Betty DeMint operated a dance studio out of the family's
Jim DeMint
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Branch acts as the tribe's Tribal Court, which is responsible for jurisdiction over all criminal and civil cases. Though the Tribal Court has not yet been implemented, the framework for its structure has already been laid out by the Constitution and the laws of the tribe. Then there is the General Council which consists of all the eligible voters of Wilton Rancheria. The General Council is able to propose amendments to the Constitution, approving them and removing tribal officials. For many years, ancestors of the Wilton Rancheria Miwok lived along the Cosumnes River until 1958. The tribal members are descendants
Wilton Rancheria
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possible one-t part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation. Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 respectively. The following is the full text of Article 368 of the Constitution, which governs constitutional amendments. New clauses 368 (1) and 368 (3) were added by the 24th Amendment in 1971, which also
Amendment of the Constitution of India
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As Mississippi has only four districts, a strict interpretation of this section makes it impossible to propose an amendment via initiative. The Article excludes certain portions of the Constitution that can be amended by initiative; for example, any of the sections in Article 3 (Bill of Rights) are off-limits. The Article also discusses the procedures in the event that a Legislature-proposed amendment is similar to that of an initiative-proposed amendment. Sections 274 through 285 contain transitional provisions. Previously the Article contained Sections 286 and 287 which were classified as "ADDITIONAL SECTIONS OF THE CONSTITUTION OF MISSISSIPPI NOT BEING AMENDMENTS OF
Constitution of Mississippi
10950780
Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. The federal Constitution was written in 1787 and adopted in 1789. Prior to 1787, several state constitutions followed British practice by providing that "money bills" must start in the more representative branch of the state legislature. Vesting the power of origination in the U.S. House of Representatives was part of the Great Compromise, in which the framers also agreed to allow equality in the Senate regardless of a state's population, while creating representation based on a State's population in
Origination Clause
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Origination Clause The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the United States Constitution. This clause says that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills. The Origination Clause stemmed from a British parliamentary practice that all money bills must have their first reading (and any other initial readings) in the House of Commons before being sent to the House of Lords. This practice was intended to ensure that the power of
Origination Clause
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convention did attempt to exceed its scope, none of the amendments it proposed would become part of the constitution until three-fourths of the states ratified them, which is more states than are required to call a convention in the first place. Some proponents of a convention express doubt that an Article V convention would exceed its scope, in light of the United States' experience with state constitutional conventions; over 600 state constitutional conventions have been held to amend state constitutions, with little evidence that any of them have exceeded their scope. This is reinforced by the fact that prior to
Convention to propose amendments to the United States Constitution
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personal stake in the vote. has been affected by this amendment, which remained pending for over two centuries as it contained no time limit for ratification. Collectively, members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. Most however, never get out of the Congressional committees in which they were proposed, and only a fraction of those that do receive enough support to win Congressional approval to actually go through the constitutional ratification process. Six amendments approved by Congress and proposed to the states for consideration have not been ratified by the required
United States Constitution
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a part of the constitution, when ratified ..." "Hawke v. Smith", : V] makes provision for the proposal of amendments either by two-thirds of both houses of Congress or on application of the legislatures of two-thirds of the states, thus securing deliberation and consideration before any change can be proposed. The proposed change can only become effective by the ratification of the legislatures of three-fourths of the states or by conventions in a like number of states. The method of ratification is left to the choice of Congress." "Dillon v. Gloss" : In a ruling upholding Congress's authority to place
Convention to propose amendments to the United States Constitution
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resolutions before at least 24 state legislatures in 2015. In 2015, the group backed bills in 26 states that would call for a convention. Some members of both the Republican and Democratic parties have supported bills backed by the organization, while others from both the left and right have criticized the proposal, fearing that it could "set the stage for a runaway convention to make over the entire Constitution." In September 2016, CSG held a simulated convention to propose amendments to the United States Constitution in Williamsburg, Virginia. The simulated convention passed amendments relating to six topics, including requiring the
Citizens for Self-Governance
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attempts to force Congress to call a convention, has been cited as persuasive evidence that Paulsen's view is incorrect. Because no Article V convention has ever been convened, there are various questions about how such a convention would function in practice. One major question is whether the scope of the convention's subject matter could be limited. The language of Article V leaves no discretion to Congress, merely stating that Congress "shall" call a convention when the proper number of state applications have been received. Comments made at the time the Constitution was adopted indicate that it was understood when the
Convention to propose amendments to the United States Constitution
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that its acceptance in the Transvaal was a foregone conclusion, as the dominant political parties in the legislature had both agreed to the constitution beforehand. The Cape Parliament, on the other hand, did propose some amendments, including the scrapping of the proportional representation system as adopted at the convention, the scrapping of which the Orange River Colony agreed with. Leacock continues:"In Natal, which as an ultra-British and ultra-loyal colony, was generally supposed to be in fear of union, many amendments were offered. The convention then met again at Bloemfontein, made certain changes in the draft of the constitution, and again
National Convention (South Africa)
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propose Constitutional amendments. The second method requires Congress, "on the application of the legislatures of two-thirds of the several states" (presently 34), to "call a convention for proposing amendments". This duality in Article V is the result of compromises made during the 1787 Constitutional Convention between two groups, one maintaining that the national legislature should have no role in the constitutional amendment process, and another contending that proposals to amend the constitution should originate in the national legislature and their ratification should be decided by state legislatures or state conventions. Regarding the consensus amendment process crafted during the convention, James
Article Five of the United States Constitution
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decades toward a states-first constitutional amendment campaign." In February 2014, U.S. Senator Tom Coburn announced that after his retirement from Congress, he would focus on promoting the Convention of States to state legislatures. In December 2015, Marco Rubio endorsed CSG's efforts to a call an Article V Convention. In January 2016, Texas Governor Greg Abbott called for a Convention of States to restrict the power of the federal government. In June 2017, former U.S. Senator and former Heritage Foundation president Jim DeMint announced his role as a senior adviser for the Convention of States project. In September 2016, CSG held
Convention to propose amendments to the United States Constitution
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Alternatively, it may propose an amendment by a majority vote two consecutive years. In either case, the amendment is placed on the ballot and must be approved in a referendum to become valid as a part of the constitution. The Legislature is also empowered to ratify amendments to the U.S. Constitution, appoint the State Auditor, judge the elections and qualifications of its members, and institute and conduct impeachment proceedings against State officials. The Senate has the sole authority to confirm or reject gubernatorial nominees for judicial and some executive positions. The current organization of the Legislature is outlined by Article
New Jersey Legislature
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Supreme Court of Canada" in this list. Second, s. 42(1) lists several amendments to the Constitution of Canada requiring the general amendment procedure. S. 42(1)(d) includes "subject to s. 41(d), the Supreme Court of Canada" in this list. Sections 41 and 42 of the Constitution Act, 1982, thus appear to include the Supreme Court of Canada in the Constitution of Canada. However, this conclusion is questionable because the "Constitution of Canada" is expressly defined in s. 52(2) as a set of thirty instruments that does not include the Supreme Court Act. Some scholars, including Peter Hogg, have suggested that the
Amendments to the Constitution of Canada
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by simply pointing to the fact that coincidentally there exists probable cause to search or seize another or to search the premises where the person may happen to be. The Fourth and Fourteenth Amendments protect the "legitimate expectations of privacy" of persons, not places. See Rakas v. Illinois, 439 U. S. 128, 439 U. S. 138-143, 439 U. S. 148-149; Katz v. United States, 389 U. S. 347, 389 U. S. 351-352. Each patron who walked into the Aurora Tap Tavern on March 1, 1976, was clothed with constitutional protection against an unreasonable search or an unreasonable seizure. That individualized
Ybarra v. Illinois
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convention to propose a balanced budget amendment, making Michigan the 22nd to participate in the national effort. On April 27, 2016, the Oklahoma Senate approved an Article V convention on a balanced budget amendment, making Oklahoma the 29th state to participate in the national effort. On November 7, 2017, the Wisconsin Legislature approved an Article V convention resolution for a balanced budget amendment. A political action committee called Wolf PAC emerged from New York's Occupy Wall Street movement in October 2011. Wolf PAC calls for a convention of states in order to propose a constitutional amendment that addresses the issue
Convention to propose amendments to the United States Constitution
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— the Constitution could not be internally inconsistent. In his judgement, he stated that law made under ordinary legislative power, and law in the form of Constitutional amendments, were two different things, and as such constitutional amendments were not subject to the inconsistency clause of Article 4(1): The case has been criticised by legal scholars, who have argued that it effectively gave the government free rein to pass unconstitutional laws. One part of Raja Azlan Shah's judgement, which stated that "the individual has certain fundamental rights upon which not even the power of the State may encroach" was subjected to
Loh Kooi Choon v Malaysia
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In case the People’s Assembly is dissolved at such a time the President of the Supreme Constitutional Court shall take over the presidency on condition that neither shall nominate himself for the presidency. Both are also limited in power as in they can not dissolve the parliament, remove the cabinet, or propose constitutional amendments. The People’s Assembly shall then proclaim the vacancy of the office of President, and a new president shall be chosen within a maximum period of sixty days from the date of the vacancy of the office. The constitution does not directly stipulate any role for the
President of Egypt
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medium, including the Internet, and also makes campaign contribution a form of protected free speech. The Bill of Federalism Project has been incorporated as a nonprofit agency in the State of Tennessee. Barnett would like the States to call for a Constitutional Convention. That was his main proposition when he appeared on the Glenn Beck show, with the actual amendments being drafted later. He has drafted a resolution to call for a convention. He believes that to be a necessary step, as Congress would not voluntarily propose amendments that largely weaken its power. Gerard N. Magliocca has written an article
Randy Barnett
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2017 Marshallese Constitutional Convention election A constitutional convention will be elected in the Marshall Islands on 21 February 2017. The convention will examine and develop proposed amendments to the Constitution, which, if approved, would then be submitted to the people by referendum. The Marshall Islands are a parliamentary republic. A constitutional convention is being elected specifically to consider proposed constitutional amendments which have been endorsed by the Nitijeļā, the national parliament. The convention cannot propose new amendments; it can only debate those which have been approved by the parliament. The proposed changes include the following: The convention will consist in
2017 Marshallese Constitutional Convention election
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the ballot alongside the direct citizen proposal. The following US states allow indirect initiated state constitutional amendments: An initiated constitutional amendment is an amendment to a state's constitution that results from petitioning by a state's citizens. By utilizing this initiative process, citizens can propose and vote on constitutional amendments directly, without need of legislative referral. When a sufficient number of citizens have signed a petition requesting it, a proposed constitutional amendment is then put to the vote. In the United States, while no court or legislature needs to approve a proposal or the resultant initiated constitutional amendment, such amendments may
Initiatives and referendums in the United States
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Citizens for Self-Governance Citizens for Self-Governance (CSG) is a conservative American political organization. In 2015, it launched a nationwide initiative calling for a convention to propose amendments to the United States Constitution to reduce federal spending. The group's efforts are focused on imposing fiscal restraint on Washington D.C., reducing the federal government's authority over states, and imposing term limits on federal officials. , the organization's resolution has passed in 12 states. A total of 34 states would need to pass such a resolution in order for a Convention to Amend the Constitution to be called per Article V. The organization
Citizens for Self-Governance
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has been passed in 12 states. A Super PAC called Single Subject Amendment registered with the Federal Election Commission on March 1, 2013. It is actively engaged in an effort to call an Article V Convention for the limited purpose of proposing an amendment to provide every law enacted by Congress shall embrace only one subject which shall be clearly expressed in the bill's title. Forty-one state constitutions have a single subject provision but this provision is not in the United States Constitution. In April 2014, Florida became the first state to make an application for an Article V Convention
Convention to propose amendments to the United States Constitution
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topics. Congress has more than enough applications on a single issue if you do not count rescission and more than enough applications on multiple topics if you do count rescission. Consequently, if a State believes that combining topics could be done by Congress, even if a State feels that doing so would be contrary to the intent of the Constitution, then they would also have to conclude that Congress can ignore rescission, making an effort to rescind an Article V Convention for a topic with which a legislature agrees a fruitless prospect. Since 2016, four state legislatures (Delaware, New Mexico,
Convention to propose amendments to the United States Constitution
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provincial, or "section 92" court. If the answer to all three of these questions is "yes", then it is unconstitutional to remove this power. Reference Re Amendments to the Residential Tenancies Act (NS) Reference Re Amendments to the Residential Tenancies Act (NS), [1996] 1 S.C.R. 186 is a reference question put to the Supreme Court of Canada regarding the ability of the federal government to appoint judges under section 96 of the Constitution Act, 1867. The Court considered that giving all of the jurisdiction of Superior Courts to other bodies would make s. 96 meaningless. Instead, the Court developed a
Reference Re Amendments to the Residential Tenancies Act (NS)
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new judicial decisions, by the adoption of an alternative discretionary device to be employed in appropriate cases. So, the basic characteristics of the above doctrine are the flexibility of content and fitfulness of occurrence. Parliament passed the 24th Amendment in 1971 to abrogate the Supreme Court judgement. It amended the Constitution to provide expressly that Parliament has the power to amend any part of the Constitution including the provisions relating to Fundamental Rights. This was done by amending articles 13 and 368 to exclude amendments made under article 368, from article 13's prohibition of any law abridging or taking away
I.C. Golaknath and Ors. vs State of Punjab and Anrs.