3 In addition over the past century three elements not included in the

3 in addition over the past century three elements

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3 In addition, over the past century, three elements not included in the Constitution have been customarily incorporated in the ratification process when Congress proposes amendments. As precedents, they would likely be followed, but would not necessarily be required for an amendment or amendments proposed by an Article V Convention. 4 First, amendments are not incorporated into the existing text of the constitution as adopted in 1788, but are included as supplementary articles. 5 Second, Congress may set a time limit on the ratification process. Beginning with the 18 th Amendment, proposed in 1917, and continuing with the 20 th through 26 th Amendments, Congress set a seven - year time limit on ratification. Proposed amendments covered by this provision must be approved by the requisite number of states in order to become part of the Constitution. Finally, the Constitution does not require approval of proposed amendments by the President. Nor are amendments duly proposed by Congress or an Article V Convention subject to the President’s veto or pocket veto. 6 1 U.S. Constitution, Article V. 2 Ibid. 3 To date, Congress has specified ratification by convention only for the 21 st Amendment, which repealed the 18 th “Prohibition” Amendment. 4 A fourth element applies specifically to amendments proposed by Congress. The Constitution requires only that amendm ents be proposed by the vote of “two thirds of both Houses .... ”, but Congress expanded this requirement by internal rulemaking, so that a congressional vote to propose an amendment must be approved by two-thirds of the Members present and voting, a quorum being present , in both chambers. Although it was established by internal action, this requirement was ruled to be constitutional by the Supreme Court in its 1920 decision in National Prohibition Cases, 253 U.S. 350, 386 (1920). 5 As a Member of the House of Representatives, James Madison sponsored the amendments now known as the Bill of Rights, suggesting that they should be incorporated in the body of the Constitution. Congress decided instead to place them at the end of the Constitution as additional articles when ratified. This precedent has been followed for all subsequent amendments. 6 This issue was determined as part of the Supreme Court’s 1798 decision in Hollingsworth v. Virginia , 3 Dall. (3 U.S.) 378 (1798). In 1978, President Jimmy Carter signed a joint resolution (H.J. Res. 638, 95 th Congress) extending the deadline for ratification of the proposed Equal Rights Amendment as an indication of his support for the measure. For (continued...)
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The Article V Convention: Contemporary Issues for Congress Congressional Research Service 3 Thirty - three amendments have been proposed to the states by Congress to date, beginning with 12 amendments proposed in 1789, 10 of which were ratified as the Bill of Rights. Twenty - seven of the 33 were approved by the states; 26 of them are currently in effect, while one, the 18 th Amendment that prohibited the “manufacture, sale, or transportation of intoxicating liquors,” was ultimately repealed by the 21 st Amendment.
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