Is It Legal for Article V of the US Constitution to Be Amended?

Amending the United States Constitution is a complex and solemn process, rooted in the founding principles of the nation. This article delves into the legalities and procedures involved in amending Article V of the US Constitution, providing clarity and insight for readers.

Understanding the Constitutional Framework

The US Constitution is the bedrock of the American legal system, outlining the framework for the federal government and the rights of citizens. The process of amending the Constitution is outlined in Article V, which provides clear instructions on how to make changes to the document.

The founding fathers deliberately chose to end the Constitution with the amendment provisions, and any subsequent amendment must adhere to the process outlined in this article. This ensures that any changes made to the Constitution are done so in a way that respects the principles of the founding document.

Legal and Constitutional Perspective

Any law, including amendments to the Constitution, must be legal by definition. Laws define what is legal, and the Constitution serves as the supreme law of the land, from which all other laws derive their authority. The amendment process is a fundamental part of the Constitution, and it is this process that makes changes to the Constitution legal.

Article V of the US Constitution

According to Article V, amendments can be proposed in one of two ways:

By a two-thirds vote in both the House of Representatives and the Senate. By a constitutional convention called for by two-thirds of the state legislatures.

Once proposed, these amendments must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. This high threshold ensures that any amendment is deeply supported and widely embraced by the states.

Details of the Amendment Process

The process of amending the Constitution is significant and deliberate. After a proposed amendment is passed, it must:

Be approved by the House and Senate with a two-thirds majority. Be signed by the President (though a presidential veto could be overridden by a two-thirds majority in both chambers). Be ratified by three-fourths of the state legislatures or conventions in the states.

Each step in this process is crucial, ensuring that any proposed change is thoroughly vetted and widely supported. This complexity and breadth of support help to maintain the integrity and stability of the Constitution.

Legal Questions Surrounding Amendments

The legal and constitutional questions surrounding amendments are numerous. Some key points to consider include:

Can a State Rescind Ratification?

No, a state cannot rescind ratification. Once an amendment is ratified, it becomes a permanent part of the Constitution. This decision is final and cannot be undone by a single state.

Can a Proposed Amendment Expire?

Since the proposal of the 18th Amendment, all proposed amendments have included a ratification deadline. If the state ratification process is not completed by the date specified in the amendment, the amendment expires.

Can an Approved Amendment Expire?

An approved amendment can expire if it has a ratification deadline. The Archivist of the United States has the authority to refuse to accept ratification after the deadline. In 2020, the 1971-1979 Equal Rights Amendment expired and was not ratified.

Can a Ratified Amendment Expire?

No, ratified amendments do not have expiration dates. Once ratified, they remain a permanent part of the Constitution.

Can an Amendment Be Amended?

Amendments cannot be directly amended, but they can serve as the basis for new amendments that address specific issues. Given the complexity of amending the Constitution, this approach is more practical than attempting to directly alter a previously ratified amendment.

Conclusion

The process of amending the Constitution is a solemn and deliberate one, designed to ensure that any changes are deeply supported and reflect the will of the American people. Understanding the legal and constitutional framework surrounding these changes is essential for anyone seeking to comprehend the adaptability and stability of the US Constitution.