Can a state reject an amendment later approve it?
Asked by: Ms. Athena Macejkovic | Last update: March 28, 2026Score: 4.9/5 (66 votes)
Yes, a state can reject a proposed constitutional amendment and later vote to approve it, as the U.S. Supreme Court has indicated this is a political question for Congress to decide, and Congress generally permits states to change their minds before the ratification deadline (if one exists), though the power to rescind a prior ratification is complex and often contested. The key is that a legislature can change its mind, but once an amendment is officially adopted by three-fourths of states, it's part of the Constitution and can only be changed by another amendment.
Can a state unratify an amendment?
Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states). Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).
What happens if a state rejects a proposed amendment?
If 13 refuse to ratify, the amendment dies. If only one refuses to ratify, the amendment becomes part of the constitution. If you mean consequences to the state for refusing to ratify, there are None, and there should be None.
Is there a time limit to ratify an amendment?
The first time limit ever imposed on the ratification period of a constitutional amendment was in the text of the 18th Amendment (Prohibition) in 1917, and the limit of seven years was chosen by Congress without extensive discussion.
Can an amendment be rejected?
On 1 January 2024, the Supreme Court ruled 12-3 that it may reject amendments to Basic Laws in "extreme" circumstances.
Why is the US Constitution so hard to amend? - Peter Paccone
What happens if an amended return is rejected?
If the IRS rejected the amended tax return because of a procedural error (usually with IRS letter 916C), it might be as simple as refiling the amended return, providing proof of an item on your return, or filing an additional form.
Can a state rescind ratification?
4 Obviously, once three-quarters of the state legislatures have unequivocally ratified an amendment and it has become effective as part of the Constitu- tion, it can only be repealed by the normal amending process prescribed in Article V.
Can an amendment be reconsidered?
An amendment cannot interrupt another speaker, must be seconded, is debatable if the motion to be amended is debatable, may itself be amended by an amendment to the amendment, can be reconsidered, and requires a majority vote, even if the motion to be amended requires a two-thirds vote to be adopted.
What is the Godel loophole?
In his 2012 paper "Gödel's Loophole", F. E. Guerra-Pujol speculates that the loophole is that Article V's procedures can be applied to Article V itself. It can therefore be altered in a "downward" direction, making it easier to alter the article again in the future.
What are the two rejected amendments?
We also know that the First and Second Amendments of the original 12 amendments were not officially ratified.
Can states ignore amendments?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
What two states did not ratify the Constitution?
The Constitution encountered stiff opposition. The vote was 187 to 168 in Massachusetts, 57 to 47 in New Hampshire, 30 to 27 in New York, and 89 to 79 in Virginia. Two states, North Carolina and Rhode Island, refused to ratify the new plan of government.
Are we getting a 28th amendment?
The Equal Rights Amendment (ERA) became the 28th Amendment to the U.S. Constitution when Virginia was the 38th state to ratify in 2020.
Which six states later rescinded their ratification?
*Five states have voted to rescind or otherwise withdraw their ratification of the ERA.
- Nebraska: March 15, 1973.
- Tennessee: April 23, 1974.
- Idaho: February 8, 1977.
- Kentucky: March 20, 1978.
- South Dakota: March 5, 1979.
What are 5 things the president can't do?
A PRESIDENT CANNOT . . .
declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.
How long after an amended return is accepted will it be approved?
You should generally allow 8 to 12 weeks for your Form 1040-X to be processed. However, in some cases, processing could take up to 16 weeks. You can visit our processing status dashboard for more information on our timeframes.
Is there a penalty for not amending a small error?
In general, the Internal Revenue Code, regulations, and case law do not impose a duty on taxpayers to file an amended return when they discover that an error was made in good faith on a past return.
How likely is an amended return to be audited?
Taxpayers often wonder if filing an amended return just to change their status might lead to an IRS audit. The good news is that amending a return isn't unusual, and doesn't raise any red flags with the the IRS.