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There are 2 ways to amend the U.S. Constitution.

The first way is for both houses of Congress (the House of Representatives and the Senate) to propose a constitutional amendment. This requires a 2/3 vote in each house. Once this happens, the proposed amendment is submitted to the states for ratification. The legislatures of 3/4 of the states must ratify the amendment, within a certain period if specified. At this point, it becomes part of the Constitution.* The president has no official role in amending the Constitution (he doesn't have to sign the amendment for it to take effect, and can do nothing to defeat a constitutional amendment once it has passed). Of course, unofficially, presidents can use their political clout to influence public opinion one way or another, which can affect the chances of a constitutional amendment passing.

The second method starts with the states, and was likely included to give states a check on overreaching federal power. The legislatures of the states apply to Congress for a convention to propose amendments to the constitution. If 2/3 of the states make such applications, congress must call the convention. Once such a convention is called, and amendments are proposed, the amendment(s) must be ratified by the legislatures of 3/4 of the states. This method has never actually been used to amend the constitution, but Congress has proposed amendments in response to threats by states to call a convention, likely to retain some control over the amendment process.

Congress can also stipulate that ratification be made by state conventions, rather than legislatures. The only time this has occurred is the 21st Amendment (repealing the 18th Amendment, which was Prohibition). This method was used to circumvent grass roots opposition to the repeal (the primary impetus for Prohibition in the first place). State legislatures retained the ability to restrict alcohol sale within their borders.
Come on. You are giving what is obviously a multiple-choice question without the choices.

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8y ago
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14y ago
Article V of the Constitution of the United States

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; 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.

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12y ago

The Amendment process is the formal way to change the Constitution. An amendment may be proposed by two-thirds vote of both houses of Congress or by a convention called by Congress at the request of two-thirds of the state legislatures. Ratification of an amendment takes three-fourths of the states to approve.

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13y ago

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.

  1. The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).
  2. The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.

The Constitution, then, spells out four paths for an amendment:

  1. Proposal by convention of states, ratification by state conventions (never used)
  2. Proposal by convention of states, ratification by state legislatures (never used)
  3. Proposal by Congress, ratification by state conventions (used once)
  4. Proposal by Congress, ratification by state legislatures (used all other times)

It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification. This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia. The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.

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7y ago

Amendments must be approved by Congress or by special conventions, then ratified by 3/4 of the US states.

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16y ago

Through Ammendments.

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Q: How do Americans amend their constitution?
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