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State Ratifying Conventions
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ''ratifying'' proposed constitutional amendments. The only amendment that has been ratified through this method thus far is the 21st Amendment in 1933. Constitutional text Article V reads in pertinent part (italics added): Use of the convention ratification option Ratification of a proposed amendment has been done by state conventions only once—the 1933 ratification process of the 21st Amendment. The 21st is also the only constitutional amendment that repealed another one, that being the 18th Amendment, which had been ratified 14 years earlier. As is true for a state ''legislature'' when ratifying a proposed federal constitutional amendment, a state ratifying ''convention'' may not in any way change a proposed constitutional amendment, but must accept or reject the proposed amendment as written. Purpose The convention method of ratification describ ...
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Article V Of The United States Constitution
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. A ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deli ...
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List Of Amendments To The United States Constitution
Thirty-three amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of these, having been ratified by the requisite number of states, are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states. Four of these amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. All 27 ratified and six unratified amendments are listed and detailed in the tables below. Article Five of the United States Constitution details the two-step process for amendi ...
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Twenty-first Amendment To The United States Constitution
The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments of the U.S. Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions. The Eighteenth Amendment was ratified on January 16, 1919, the result of years of advocacy by the temperance movement. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol. As many Americans continued to drink despite the amendment, Prohibition gave rise to a profitable black market for alcohol, fueling the rise of organized crime. Throughout the 1920s, American ...
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