How Does Article V Of The Constitution Influence The Changes That Can Be Made To The Constitution?

Portion describing amendment process

Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Commodity 5, the process to change the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Amendments may be proposed either by the Congress with a 2-thirds vote in both the House of Representatives and the Senate or by a convention of states chosen for by two-thirds of the country legislatures.^[one] To get part of the Constitution, an subpoena must then be ratified by either—equally adamant by Congress—the legislatures of three-quarters of u.s.a. or by ratifying conventions conducted in three-quarters of us, a process utilized simply one time thus far in American history with the 1933 ratification of the Twenty-First Amendment.^[two] The vote of each land (to either ratify or reject a proposed amendment) carries equal weight, regardless of a country'due south population or length of fourth dimension in the Spousal relationship. Article V is silent regarding deadlines for the ratification of proposed amendments, simply most amendments proposed since 1917 have included a deadline for ratification. Legal scholars by and large agree that the amending process of Article 5 can itself be amended past the procedures laid out in Article 5, but there is some disagreement over whether Article V is the exclusive means of amending the Constitution.

In improver to defining the procedures for altering the Constitution, Article 5 also shields three clauses in Commodity I from ordinary amendment by attaching stipulations. Regarding ii of the clauses—one apropos importation of slaves and the other apportionment of straight taxes—the prohibition on amendment was accented but of express elapsing, expiring in 1808; the third was without an expiration engagement but less absolute: "no state, without its consent, shall be deprived of its equal Suffrage in the Senate." Scholars disagree as to whether this shielded clause tin itself be amended by the procedures laid out in Commodity Five.

Text [edit]

The Congress, whenever two thirds of both houses shall deem it necessary, shall suggest amendments to this Constitution, or, on the application of the legislatures of ii thirds of the several states, shall telephone 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 3 fourths of the several states, or by conventions in three fourths thereof, equally the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be fabricated prior to the year ane k eight hundred and eight shall in whatever style affect the offset and 4th clauses in the 9th section of the first article; and that no country, without its consent, shall be deprived of its equal suffrage in the Senate.^[iii]

Background [edit]

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Procedures for amending the Constitution [edit]

The U.S. constitutional amendment process

Thirty-three amendments to the United States Constitution have been approved past the Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution. The starting time 10 amendments were adopted and ratified simultaneously and are known collectively every bit the Bill of Rights. Six amendments adopted by Congress and sent to united states of america have not been ratified past the required number of states and are not role of the Constitution. Four of these amendments are still technically open and pending, i is closed and has failed by its own terms, and 1 is closed and has failed by the terms of the resolution proposing it. All totaled, approximately 11,539 measures to amend the Constitution have been proposed in Congress since 1789 (through December 16, 2014).^[4]

Proposing amendments [edit]

Article V provides two methods for amending the nation'south frame of government. The first method authorizes Congress, "whenever two-thirds of both houses shall deem it necessary",^[a] to propose Constitutional amendments. The second method requires Congress, "on the application of the legislatures of 2-thirds of the several states" (before long 34), to "telephone call a convention for proposing amendments".^[6]

This duality in Article Five is the result of compromises made during the 1787 Ramble Convention betwixt two groups, one maintaining that the national legislature should have no function in the constitutional amendment process, and some other 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.^[seven] Regarding the consensus amendment process crafted during the convention, James Madison (writing in The Federalist No. 43) declared:

It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults. Information technology moreover equally enables the General and the State Governments to originate the amendment of errors, as they may exist pointed out by the experience on one side, or on the other.^[eight]

Each time the Article V process has been initiated since 1789, the first method for crafting and proposing amendments has been used. All 33 amendments submitted to usa for ratification originated in the Congress. The 2d method, the convention pick, a political tool which Alexander Hamilton (writing in The Federalist No. 85) argued would enable state legislatures to "cock barriers confronting the encroachments of the national authority", has all the same to be invoked.^[9]

When the 1st Congress considered a series of ramble amendments, it was suggested that the two houses offset adopt a resolution indicating that they deemed amendments necessary. This procedure was not used. Instead, both the House and the Senate proceeded straight to consideration of a joint resolution, thereby implying that both bodies deemed amendments to be necessary. Besides, when initially proposed past James Madison, the amendments were designed to be interwoven into the relevant sections of the original certificate.^[8] Instead, they were canonical by Congress and sent to us for ratification as supplemental additions (codicils) appended to it. Both these precedents have been followed ever since.^[10]

Once canonical by Congress, the articulation resolution proposing a constitutional subpoena does not require presidential approval before it goes out to us. While Commodity I Section seven provides that all federal legislation must, before becoming Constabulary, be presented to the president for his or her signature or veto, Commodity 5 provides no such requirement for constitutional amendments canonical by Congress, or by a federal convention. Thus the president has no official function in the process.^{[b] [c]} In Hollingsworth v. Virginia (1798), the Supreme Courtroom affirmed that it is not necessary to place constitutional amendments before the president for approval or veto.^[ten]

Three times in the 20th century, concerted efforts were undertaken by proponents of item amendments to secure the number of applications necessary to summon an Commodity V Convention. These included conventions to consider amendments to (ane) provide for popular ballot of U.S. Senators; (two) permit the states to include factors other than equality of population in cartoon state legislative district boundaries; and (3) to advise an subpoena requiring the U.Southward. budget to be balanced nether well-nigh circumstances. The campaign for a popularly elected Senate is frequently credited with "prodding" the Senate to bring together the House of Representatives in proposing what became the Seventeenth Subpoena to united states of america in 1912, while the latter two campaigns came very shut to meeting the two-thirds threshold in the 1960s and 1980s, respectively.^{[6] [13]}

Ratification of amendments [edit]

Tennessee certificate of ratification of the Nineteenth Subpoena. With this ratification, the amendment became valid as a part of the Constitution.

After being officially proposed, either by Congress or a national convention of the states, a constitutional amendment must then exist ratified by iii-fourths (38 out of 50) of the states. Congress is authorized to choose whether a proposed amendment is sent to the state legislatures or to state ratifying conventions for ratification. Amendments ratified by the states under either procedure are indistinguishable and have equal validity as function of the Constitution. Of the 33 amendments submitted to the states for ratification, the state convention method has been used for only one, the Twenty-first Amendment.^[6] In United States v. Sprague (1931), the Supreme Courtroom affirmed the dominance of Congress to make up one's mind which mode of ratification will be used for each individual ramble amendment.^[14] The Courtroom had earlier, in Hawke five. Smith (1920), upheld the Ohio General Assembly's ratification of the Eighteenth Amendment—which Congress had sent to the state legislatures for ratification—after Ohio voters successfully vetoed that approval through a popular referendum, ruling that a provision in the Ohio Constitution reserving to the state'due south voters the correct to challenge and overturn its legislature's ratification of federal constitutional amendments was unconstitutional.^[15]

An amendment becomes an operative part of the Constitution when it is ratified by the necessary number of states, rather than on the later on engagement when its ratification is certified.^[16] No further activity by Congress or anyone is required. On three occasions, Congress has, subsequently existence informed that an amendment has reached the ratification threshold, adopted a resolution declaring the process successfully completed.^{[d] [17]} Such actions, while perchance important for political reasons, are, constitutionally speaking, unnecessary.

Before long, the Archivist of the United States is charged with responsibility for administering the ratification process nether the provisions of ane U.Due south. Code § 106b. The Archivist officially notifies the states, by a registered letter to each state'south Governor, that an amendment has been proposed.^[18] Each Governor then formally submits the subpoena to their state's legislature (or ratifying convention). When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state'due south action. Upon receiving the necessary number of state ratifications, information technology is the duty of the Archivist to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution.^[e] The amendment and its certificate of ratification are then published in the Federal Register and Us Statutes at Large. This serves every bit official notice to Congress and to the nation that the ratification procedure has been successfully completed.^[1]

Ratification deadline and extension [edit]

The Constitution is silent on the issue of whether or not Congress may limit the length of fourth dimension that the states have to ratify ramble amendments sent for their consideration. It is also silent on the outcome of whether or not Congress, one time it has sent an amendment that includes a ratification deadline to the states for their consideration, tin can extend that borderline.

Deadlines [edit]

The practice of limiting the time available to us to ratify proposed amendments began in 1917 with the Eighteenth Amendment. All amendments proposed since and so, with the exception of the Nineteenth Amendment and the (nonetheless pending) Child Labor Amendment, have included a borderline, either in the body of the proposed amendment, or in the articulation resolution transmitting it to the states.^[f] The ratification borderline "clock" begins running on the day final action is completed in Congress. An amendment may exist ratified at whatsoever time after final congressional action, even if u.s.a. have non still been officially notified.^[18]

In Dillon v. Gloss (1921), the Supreme Courtroom upheld Congress'southward power to prescribe time limitations for state ratifications and intimated that clearly out of date proposals were no longer open for ratification. Granting that it found nix express in Article V relating to time constraints, the Court even so allowed that it found intimated in the amending process a "strongly suggest[ive]" argument that proposed amendments are not open to ratification for all fourth dimension or by States interim at widely separate times.^[21] The court subsequently, in Coleman v. Miller (1939), modified its stance considerably. In that instance, related to the proposed Child Labor Amendment, information technology held that the question of timeliness of ratification is a political and non-justiciable i, leaving the result to Congress'due south discretion. Information technology would appear that the length of time elapsing betwixt proposal and ratification is irrelevant to the validity of the amendment. Based upon this precedent, the Archivist of the United States proclaimed the Twenty-7th Amendment as having been ratified when it surpassed the "iii fourths of the several states" plateau for becoming a part of the Constitution. Declared ratified on May 7, 1992, it had been submitted to the states for ratification—without a ratification borderline—on September 25, 1789, an unprecedented fourth dimension catamenia of 202 years, 7 months and 12 days.^[18]

Extensions [edit]

Whether once it has prescribed a ratification period Congress may extend the period without necessitating activity past already-ratified States embroiled Congress, the states, and the courts in statement with respect to the proposed Equal Rights Amendment (Sent to united states of america on March 22, 1972, with a vii-year ratification fourth dimension limit fastened). In 1978 Congress, by uncomplicated majority vote in both houses, extended the original deadline by three years, 3 months and 8 days (through June 30, 1982).

The amendment'southward proponents argued that the fixing of a time limit and the extending of it were powers committed exclusively to Congress under the political question doctrine and that in any result Congress had power to extend. It was argued that inasmuch as the fixing of a reasonable time was within Congress' power and that Congress could fix the time either in accelerate or at some after point, based upon its evaluation of the social and other bases of the necessities of the amendment, Congress did not exercise violence to the Constitution when, once having fixed the fourth dimension, it subsequently extended the time. Proponents recognized that if the time limit was fixed in the text of the amendment Congress could not alter information technology because the time limit likewise as the noun provisions of the proposal had been subject field to ratification past a number of States, making it unalterable by Congress except through the amending procedure again. Opponents argued that Congress, having by a two-thirds vote sent the amendment and its authorizing resolution to the states, had put the affair beyond irresolute by passage of a simple resolution, that states had either acted upon the entire package or at to the lowest degree that they had or could accept acted affirmatively upon the promise of Congress that if the amendment had not been ratified inside the prescribed period it would expire and their assent would not be compelled for longer than they had intended.^[21]

In 1981, the United States District Court for the District of Idaho, however, found that Congress did not have the authority to extend the borderline, even when only contained inside the proposing joint resolution's resolving clause.^[22] The Supreme Court had decided to take up the case, bypassing the Court of Appeals,^[23] but before they could hear the example, the extended period granted past Congress had been exhausted without the necessary number of states, thus rendering the case moot.^[24]

Constitutional clauses shielded from amendment [edit]

Article 5 as well contains two statements that shield the subject field thing of certain constitutional clauses from being amended. The first of the two is obsolete due to an fastened dusk provision. Absolutely not amendable until 1808 were: Commodity I, Section nine, Clause 1, which prevented Congress from passing whatever law that would restrict the importation of slaves prior to 1808, and Commodity I, Section 9, Clause 4, a declaration that direct taxes must exist apportioned co-ordinate to land populations, as described in Commodity I, Section two, Clause three. The 2d prohibition was not given an expiration engagement and remains in effect. It expressly provides that no amendment shall deprive a state of its equal suffrage (representation) in the Senate, as described in Article I, Section 3, Clause 1, without that country'southward consent.^[25] Designed to seal 2 compromises reached between delegates to the Constitutional Convention subsequently contentious debates, these are the only explicitly entrenched provisions of the Constitution.^{[eight] [26] [27]}

The guarantee of equal suffrage in the Senate is arguably subject to beingness amended through the procedures outlined within the Commodity.^[25] Mader holds that the shielding provision tin exist amended considering it is not "self-entrenched," significant that it does not incorporate a provision preventing its own subpoena. Thus, under Mader's statement, a two-step amendment process could repeal the provision that prevents the equal suffrage provision from beingness amended, and then repeal the equal suffrage provision itself.^[27] Mader contrasts the provision preventing the modification of the equal suffrage clause with the unratified Corwin Amendment, which contains a self-entrenching, unamendable provision.^[27] Law professor Richard Albert also holds that the equal suffrage provision could be amended through a "double amendment" process, contrasting the U.Southward. Constitution with other constitutions that explicitly protect certain provisions from ever being amended and are themselves protected from existence amended. Another legal scholar, Akhil Amar, argues that the equal suffrage provision could exist amended through a two-step process, merely describes that process every bit a "sly scheme."^[28]

Exclusive means for amending the Constitution [edit]

Co-ordinate to constitutional theorist and scholar Lawrence Chiliad. Sager, some commentators take seriously questioned whether Article V is the exclusive means of amending the Constitution, or whether there are routes to amendment, including some routes in which the Constitution could be unconsciously or unwittingly amended in a period of sustained political activity on the part of a mobilized national constituency.^[29] For instance, Akhil Amar rejects the notion that Commodity V excludes other modes of constitutional change, arguing instead that the process provided for in Article V is but the exclusive method the government may use to ameliorate the Constitution. He asserts that Article Five nowhere prevents the People themselves, acting apart from ordinary Regime, from exercising their legal correct to alter or abolish Regime via the proper legal procedures.^[thirty]

Other scholars disagree. Some argue that the Constitution itself provides no mechanism for the American people to prefer constitutional amendments independently of Commodity V.^[31] Darren Patrick Guerra has argued that Article V is a vital function of the American Constitutional tradition and he defends Article V against modern critiques that Article V is either too difficult, too undemocratic, or besides formal. Instead he argues that Article V provides a clear and stable way of amending the certificate that is explicit, authentic, and the exclusive means of amendment; it promotes wisdom and justice through enhancing deliberation and prudence; and its process complements federalism and separation of powers that are primal features of the Constitution. He argues that Article V remains the most articulate and powerful mode to register the sovereign desires of the American public with regard to alterations of their key police. In the end, Commodity V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.^{[32] [ page needed ]}

The view that the Article V amendment procedure is the only legitimate vehicle for bringing about constitutional change, is, as pointed out by constitutional law scholar Joel K. Goldstein, "challenged by numerous widely-accepted judicial decisions that take introduced new meaning into constitutional language past departing from original intentions, expectations, or meaning." He also points out how constitutional institutions have, independent of both judicial action and alterations effected though the Article Five procedure, evolved "to have forms inconsistent with what the Founders imagined or the linguistic communication they wrote suggested."^[33]

In his adieu accost, President George Washington said:^[34]

If in the opinion of the People the distribution or modification of the Constitutional powers be in whatever item wrong, let it be corrected by an amendment in the way which the Constitution designates. But let in that location be no modify past usurpation; for though this, in one instance, may be the instrument of expert, it is the customary weapon by which gratuitous governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any fourth dimension yield.

This statement by Washington has become controversial, and scholars^{[ which? ]} disagree about whether it withal describes the proper constitutional order in the United states.^[35] Scholars^{[ which? ]} who dismiss Washington's position often argue that the Constitution itself was adopted without following the procedures in the Manufactures of Confederation,^[36] while Ramble attorney Michael Farris disagrees, saying the convention was a product of usa' balance ability, and the amendment in adoption procedure was legal, having received the unanimous assent of the States' legislatures.^[37]

Amending Article V [edit]

According to police force professor George Mader, there have been numerous proposals to amend the Constitution'south alteration procedures, and "it is generally accepted that constitutional amending provisions can be used to amend themselves." Withal, Article V has never been amended.^{[26] [27]}

Meet also [edit]

• Gödel's Loophole
• List of amendments to the United states of america Constitution
• Listing of proposed amendments to the United States Constitution
• List of land applications for an Commodity 5 Convention
• List of Rescissions of Commodity Five Convention Applications

Notes [edit]

1. ^ In the National Prohibition Cases (1920), the United States Supreme Court ruled that the requisite two-thirds vote in each house for proposing amendments is a vote of ii-thirds of the members nowadays—assuming that a quorum exists at the time that the vote is cast—and non a vote of two-thirds of the entire membership, nowadays and absent-minded, of the two houses of Congress.^[five]
2. ^ On March ii, 1861 the 36th Congress gave final approval to proposed constitutional amendment designed to shield "domestic institutions" (which at the time included slavery) from the constitutional subpoena process and from abolition or interference by Congress. The following day, on his concluding total day in office, President Buchanan took the unprecedented pace of signing it. Submitted to the state legislatures for ratification without a time limit for ratification attached, the proposal, ordinarily known as the Corwin Amendment, is still pending before the states.^[11]
3. ^ On Jan 31, 1865, the 38th Congress gave last approving to what would become the Thirteenth Subpoena, which abolished slavery and involuntary servitude, except as penalisation for a criminal offense. The following 24-hour interval, the amendment was presented to President Abraham Lincoln pursuant to the constitution's Presentment Clause, and signed. On Feb seven, Congress passed a resolution affirming that the presidential signature was unnecessary.^[12]
4. ^ 1868 regarding the Fourteenth Amendment, 1870 regarding the Fifteenth Amendment, and 1992 regarding the 20-7th Amendment
5. ^ In recent history, the signing of the document of ratification has become a ceremonial part attended by various dignitaries. President Lyndon Johnson signed the certifications for the Twenty-fourth Amendment and 20-5th Amendment equally a witness. When the Administrator of General Services, Robert Kunzig, certified the adoption of the Twenty-sixth Amendment on July v, 1971, President Nixon along with Julianne Jones, Joseph W. Loyd Jr., and Paul Larimer of the "Young Americans in Concert" signed equally witnesses. On May eighteen, 1992, the Archivist of the United States, Don W. Wilson, certified that the Twenty-seventh Subpoena had been ratified, and the Director of the Federal Register, Martha Girard, signed the certification every bit a witness.^{[1] [nineteen]}
6. ^ Congress incorporated the ratification deadline for the Eighteenth, Twentieth, Twenty-first, and Twenty-2nd amendments into the body of the amendment, so these amendments' deadlines are now part of the Constitution. The failed District of Columbia Voting Rights Amendment also independent a ratification borderline clause. Congress inserted the ratification deadline for the Twenty-third, Xx-quaternary, Twenty-5th and Xx-6th amendments into the joint resolutions transmitting them to the state legislatures in gild to avoid including extraneous language in the Constitution. This practise was as well followed for the failed Equal Rights Amendment.^{[14] [20]}

References [edit]

1. ^ ^{a b c} "The Ramble Amendment Procedure". The U.Due south. National Archives and Records Administration. Retrieved November 17, 2015.
2. ^ Wines, Michael (August 22, 2016). "Inside the Conservative Push for States to Amend the Constitution". NYT . Retrieved August 24, 2016.
3. ^ "The Constitution of the U.s.a.: Article V". The U.S. National Archives and Records Administration. Retrieved July 27, 2014.
4. ^ "Measures Proposed to Meliorate the Constitution". Legislation & Records. United States Senate.
5. ^ "National Prohibition Cases, 253 U.South. 350 (1920)". justia.com. Mountain View, California: Justia. Retrieved April 16, 2020.
6. ^ ^{a b c} Neale, Thomas H. (April 11, 2014). "The Article V Convention to Suggest Ramble Amendments: Contemporary Issues for Congress" (PDF). Congressional Enquiry Service. pp. 1–2. Retrieved November 17, 2015.
7. ^ Rogers, James Kenneth (Summer 2007). "The Other Way to Amend the Constitution: The Article V Constitutional Convention Subpoena Process" (PDF). Harvard Journal of Police force & Public Policy. 30 (iii): 1005–1022. Archived from the original (PDF) on 13 January 2018. Retrieved May thirty, 2018.
8. ^ ^{a b c} England, Trent; Spalding, Matthew. "Essays on Commodity V: Amendments". The Heritage Foundation. Retrieved December 5, 2018.
9. ^ Dranias, Nick (December half dozen, 2013). "Fulfilling the promise of Article V with an Interstate Meaty". Constitution Daily. Philadelphia, Pennsylvania: National Constitution Eye. Retrieved May 30, 2018.
10. ^ ^{a b} "The Constitution of the United states: Analysis and Interpretation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the U.s.a. to June 26, 2013" (PDF). Washington, DC: U.S. Government Printing Office. 2013. pp. 987–1001. Retrieved April 13, 2014.
11. ^ Tsesis, Alexander (2004). The Thirteenth Amendment and American Liberty: A Legal History. New York: New York University Press. p. two. ISBN0-8147-8276-0.
12. ^ Thorpe, Francis Newton (1901). "The Constitutional History of the United States, vol. 3: 1861–1895". Chicago: Callaghan & Company. p. 154.
13. ^ Rossum, Ralph A. (2001). Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy. Lanham, Maryland: Lexington Books. p. 207. ISBN0-7391-0285-0 . Retrieved October 23, 2015.
14. ^ ^{a b} Dellinger, Walter (December 1983). "The Legitimacy of Constitutional Change: Rethinking the Amendment Process". Harvard Law Review. 97 (two): 386–432. doi:x.2307/1340852. JSTOR 1340852. Retrieved May xxx, 2018.
15. ^ "Hawke five. Smith". Columbus Ohio: Ohio History Connectedness (formerly the Ohio Historical Lodge). Retrieved May 30, 2018.
16. ^ Cornell University Police force Schoolhouse. "Dillon 5. Gloss". law.cornell.edu.
17. ^ Neale, Thomas H. (May 9, 2013). "The Proposed Equal Rights Subpoena: Contemporary Ratification Problems" (PDF). Washington, D.C.: Congressional Research Service. Retrieved May 30, 2018.
18. ^ ^{a b c} Huckabee, David C. (September 30, 1997). "Ratification of Amendments to the U.S. Constitution" (PDF). Congressional Inquiry Service reports. Washington D.C.: Congressional Enquiry Service, The Library of Congress.
19. ^ Nixon, Richard (July 5, 1971). "Remarks at a Ceremony Marking the Certification of the 26th Amendment to the Constitution". Online by Gerhard Peters and John T. Woolley, The American Presidency Project. Retrieved May 30, 2018.
20. ^ Vile, John R. (2003). Encyclopedia of Ramble Amendments, Proposed Amendments, and Amending Issues, 1789–2002 (Second ed.). Santa Barbara, California: ABC-CLIO, Inc. p. 373. ISBN1851094334 . Retrieved November 22, 2015.
21. ^ ^{a b} "Hallmark and Proclamation: Proposing a Ramble Amendment". Justia.com.
22. ^ Idaho v. Freeman, 529 F. Supp. 1107 (D. Idaho 1981).
23. ^ Certiorari earlier judgment granted, Now v. Idaho, 455 U.S. 918 (1982).
24. ^ Judgments of the District Court of Idaho vacated; cases remanded with instructions to dismiss as moot. NOW v. Idaho, 459 U.S. 809 (1982).
25. ^ ^{a b} Baker, Lynn A.; Dinkin, Samuel H. (1997). "The Senate: An Institution Whose Fourth dimension Has Gone?" (PDF). Journal of Police force & Politics. 13: 21. Retrieved August 25, 2019 – via University of Texas at Austin School of Law.
26. ^ ^{a b} Linder, Douglas (1981). "What In The Constitution Cannot Be Amended?". Arizona Law Review. 23 (717). Retrieved July v, 2019 – via Exploring Constitutional Law, University of Missouri-Kansas City Law School.
27. ^ ^{a b c d} Mader, George (Summer 2016). "Bounden Authority: Unamendability in the The states Constitution—A Textual and Historical Assay". Marquette Law Review. 99 (4): 841–891. Retrieved December 5, 2018.
28. ^ Albert, Richard (2015). "Amending Constitutional Amendment Rules". International Journal of Ramble Law: 8–ix.
29. ^ Sager, Lawrence (2006). Justice in Plainclothes: A Theory of American Constitutional Practice. Yale University Press. p. 82. ISBN0300116756.
30. ^ Bowman, Scott J. (2004). "Wild Political Dreaming: Constitutional Reformation of the Usa Senate". Fordham Constabulary Review. 72 (4): 1026–27. Retrieved Baronial 28, 2016.
31. ^ Manheim, Karl and Howard, Edward. A Structural Theory of the Initiative Power in California, Loyola Los Angeles Law Review, p. 1167 (1998).
32. ^ Guerra, Darren Patrick (2013). Perfecting the Constitution: The Case for the Commodity V Subpoena Process. Lanham, Maryland: Lexington Books. ISBN9780739183861 – via Google Books.
33. ^ Goldstein, Joel K. (2013). "Constitutional Modify, Originalism, and The Vice Presidency". University of Pennsylvania Journal of Constitutional Law. sixteen (2): 369–417. Retrieved September thirty, 2019.
34. ^ Washington, George. "Farewell Address" (1796).
35. ^ Strauss, David. "The Irrelevance of Constitutional Amendments," 114 Harvard Police Review 1457 (2001).
36. ^ Fritz, Christian. "Fallacies of American Constitutionalism", Rutgers Law Journal, p. 1343 (2004).
37. ^ Farris, Michael. "Can we Trust the Constitution? Answering the "Runaway Convention" Myth". Convention of States Project. Retrieved June 3, 2016.

External links [edit]

• U.Southward. Authorities Press Office (2013) The Constitution of the U.s.a. of America: Analysis and Interpretation
• CRS Annotated Constitution: Article 5

Source: https://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution

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