this post was submitted on 29 Jul 2024
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[–] anindefinitearticle@sh.itjust.works 15 points 3 months ago* (last edited 3 months ago) (2 children)

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress

An amendment needs to be proposed by 2/3 of both houses of congress, or 2/3 of states can call a convention where any amendments can be proposed. Then an amendment needs to get 3/4 of states to ratify.

If I’m reading this right, that is.

So we need 2/3 of both houses of congress and 3/4 of state legislatures to agree. A large hurdle, but doable and necessary for our democracy. We’ve done it before, and now is a time in our history begging for amendments/reform.

[–] candybrie@lemmy.world 8 points 3 months ago (1 children)

You're optimistic about it being doable. Maybe if it was put to a vote in each of the states or maybe if it wasn't currently relevant to one party's head. But not put to a vote by the state legislatures. There only needs to be 13 state legislatures that say no to keep it from happening. The last time we passed an amendment was over 30 years ago and was just not allowing congress to give themselves a pay raise in the same term. Not a super contentious thing like presidential immunity when it the previous republican president is facing several criminal trials.

I didn’t say I was optimistic, just that we are at a time in our history begging for amendments and reform.

[–] rhombus@sh.itjust.works 3 points 3 months ago

It needs 2/3 of both houses to be proposed by Congress, but Congress has no power over ratification. The end of Article V is simply saying that Congress may propose one of the modes of ratification (by state legislatures or convention), not that Congress can unilaterally ratify an amendment.