Who is the amendment approved by?
Asked by: Rosetta Donnelly MD | Last update: March 11, 2025Score: 4.1/5 (70 votes)
Who approved the constitutional amendment?
The amendment process is very difficult and time consuming: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. The ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
Who is in control of the amendments?
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 ...
Who certifies a constitutional amendment?
Under modern federal law, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment.
Who decides a constitutional amendment?
A constitutional amendment can be initiated by the Legislature if it passes both houses by a two-thirds vote. A constitutional amendment does not need the Governor's signature, but becomes part of the constitution only if the electorate approves it at the next general election.
Waqf Amendment Bill Cleared By Joint Parliamentary Committee, 14 Amendments Approved | News18
Who approves amendment?
Proposed amendments must be ratified by three-fourths of the states in order to take effect. Congress may set a time limit for state action. The official count is kept by Office of the Federal Register at the National Archives. Legislatures must return specific materials to show proof of ratification.
Who controls the First Amendment?
The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress .
Who can amend the Constitution?
The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the 'basic structure' of the Constitution.
Who enforces the amendments?
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
How to overturn a constitutional amendment?
There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention.
Who decides the 25th amendment?
If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice ...
Who has the power to enforce the amendment?
Maltz. Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.
What is the 33rd amendment?
Amendment 33 was the first of three constitutional amendments ratified by voters in the decade after the beginning of World War II to try to curb political interference with large government agencies and institutions.
Who runs the amendments?
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
Who has the power to propose an amendment?
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 ...
Who authorized the First Amendment?
The freedom of religion, composed in part by the right to free expression, had become a pivotal tenet of the American Revolution, and was extensively defended as such by James Madison, the lead author of the First Amendment.
Who confirms amendments?
Amendments proposed either by Congress or an Article V Convention must be ratified by the legislatures or conventions in three-fourths of the states—38 at present. Second, Congress may set a time limit on the ratification process.
Who enforces the 4th amendment?
Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant.
What branch of the government handles amendments?
All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws.
Can anyone change the Constitution?
Article V states that an amendment must either be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures.
What in the Constitution Cannot be amended?
art. V ( Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ).
Who can amend and revise the Constitution?
1 that any amendment to, or revision of, this Constitution may be proposed by: 1) The Congress, upon a vote of three-fourths (3/4) of all its Members; or 2) A constitutional convention; WHEREAS, Article XVII Sec.
Is banning books unconstitutional?
Federal judges have repeatedly ruled that removing books from school library shelves based on the objections of a person or group, or due to prejudice against a group – book banning– is unconstitutional censorship that violates students' First Amendment rights.
What speech is not protected?
The following speech may not be protected: Speech that is intended and likely to provoke imminent unlawful action (“incitement”). Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals (“true threats”).
Who is responsible for the 2nd Amendment?
Quinlan have stated that James Madison "did not invent the right to keep and bear arms when he drafted the Second Amendment; the right was pre-existing at both common law and in the early state constitutions." In contrast, historian Jack Rakove suggests that Madison's intention in framing the Second Amendment was to ...