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Topic: Constitutional amendment

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In the News (Tue 25 Jun 19)

  Constitutional amendment - Wikipedia, the free encyclopedia
A constitutional amendment is an alteration to the constitution of a nation or a state.
The constitution of Brazil may be amended with the consent of both houses of Congress by a majority of three-fifths.
On the other hand, an amendment to the constitution of the US state of Massachusetts must first be endorsed by a special majority in the legislature during two consecutive terms, and is then submitted to a referendum.
en.wikipedia.org /wiki/Constitutional_amendment   (1696 words)

 Constitutional Amendments - The U.S. Constitution Online - USConstitution.net
The amendment as passed 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.
For example, before the Privacy Cases, it was perfectly constitutional for a state to forbid married couples from using contraception; for a state to forbid fls and whites to marry; to abolish abortion.
www.usconstitution.net /constam.html   (1047 words)

 First Amendment to the United States Constitution - Wikipedia, the free encyclopedia
The First Amendment only explicitly disallows any of the rights from being abridged by laws made by Congress, but as the first sentence in the body of the Constitution reserves all law-making ("legislative") authority to Congress, the courts have held that this extends to the executive and judicial branches.
Prior to the enactment of the Fourteenth Amendment, and for 57 years thereafter, the courts took the position that the substantive protections of the Bill of Rights did not apply to actions by state governments.
A small minority has questioned whether involuntary commitment laws, when the diagnosis of mental illness leading, in whole or in part, to the commitment, was made to some degree on the basis of the speech or writings of the committed individual, violates the right of freedom of speech of such individuals.
en.wikipedia.org /wiki/First_Amendment   (4021 words)

 FindLaw: U.S. Constitution: Amendments
The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee.
The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920.
This amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970.
caselaw.lp.findlaw.com /data/constitution/amendments.html   (3838 words)

 [No title]
This is the fourth constitutional amendment to which this Committee has devoted significant time for debate in the 108th Congress, and this is the third hearing this month to debate a constitutional amendment seeking to limit rather than expand the rights of the American people.
Constitutional amendments on that topic portrayed as so vital and urgently needed at the beginning of the year have been shoved aside by partisan efforts to exploit the marriage issue for political advantage.
Senator Allard’s Federal Marriage Amendment is breathtaking both in the scope of its intrusion upon the traditional powers of the States and in the lack of clarity in its drafting.
judiciary.senate.gov /member_statement.cfm?id=1118&wit_id=103   (2868 words)

 Federal Marriage Amendment - Wikipedia, the free encyclopedia
The amendment failed to pass; of the 60 votes required to invoke the cloture motion, 49 senators voted for putting the amendment to vote and 48 voted against.
Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
To become part of the Constitution, the FMA would need to be proposed by a two-thirds majority in the United States House of Representatives and the Senate, and then ratified by the state legislatures or conventions in three-fourths of the states (38 states).
en.wikipedia.org /wiki/Federal_Marriage_Amendment   (4766 words)

 The Constitutional Amendment to Require aTwo-Thirds Supermajority to Raise Taxes - 4/24/01
The Constitutional Amendment and the Long-Term Fiscal Forecast
A constitutional amendment that makes it difficult to scale back tax subsidies in future decades when major deficit reduction is needed would tilt the playing field in favor of the wealthy and powerful over Americans of average or lesser means.
The proposed constitutional amendment would end the ability of a majority of the American people, acting through their duly elected representatives, to decide whether they want to raise more revenues so the federal government can address needs the majority finds legitimate.
www.cbpp.org /4-24-01tax.htm   (3513 words)

 NARA - Federal Register - Constitutional Amendment Process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
www.archives.gov /federal-register/constitution   (728 words)

 Proposed Constitutional Amendments
Analyses of proposed constitutional amendments by the Texas Legislative Council (PDF)
HJR 6 would provide that marriage in Texas is solely the union of a man and woman, and that the state and its political subdivisions could not create or recognize any legal status identical to or similar to marriage, including such legal status relationships created outside of Texas.
Any provision of state constitutional law that may prohibit or limit the authority of a political subdivision of the state to incur debt does not apply to those loans or grants.
www.sos.state.tx.us /elections/voter/2005novconsamend.shtml   (917 words)

 S.J. res. 1 - Balanced Budget Constitutional Amendment
Amendments to a proposed constitutional amendment can be adopted by a simple majority vote; only on final passage is the constitutional two-thirds majority required.
Nevertheless, the Balanced-Budget Amendment remains extremely contentious in the Senate, as evidenced by a number of amendments offered in the Judiciary Committee which would either undermine the enforcement provisions of the amendment or make it impossible for future Congresses to comply with its provisions.
The budgetary impact of this amendment is very uncertain, because it depends on when it takes effect and the extent to which the Congress would exercise the discretion provided by the amendment to approve budget deficits.
www.senate.gov /~rpc/releases/1997/v5.htm   (3628 words)

 FindLaw's Writ - Dorf: Three Bad Reasons--and One Very Good Reason--to Oppose a Constitutional Amendment Barring ...
It's disingenuous because the opponents of the proposed constitutional amendment also typically argue that DOMA is unconstitutional in limiting the full faith and credit due to same-sex marriages.
One argument now being advanced against the proposed constitutional amendment suggests that there is an important distinction between expanding constitutional rights by banning a form of discrimination--as in my hypothetical example--and restricting rights by requiring a form of discrimination--as the actual proposed amendment barring same-sex marriage would do.
That amendment was rendered unnecessary when the Supreme Court, in the so-called "switch in time that saved nine," essentially abandoned the project of reading the Constitution to protect the rich.
writ.news.findlaw.com /dorf/20040218.html   (2434 words)

 USFlag.org: A website dedicated to the Flag of the United States of America - Constitutional Amendendment Issue
The amendment is in response to Supreme Court rulings in 1989 and 1990 that struck down federal and state statutes prohibiting flag desecration, holding that those laws infringed on the right to free speech and expression under the First Amendment.
If the amendment is adopted by the Senate and ratified by the states, it would be the first revision to the Bill of Rights since it was passed in 1792.
By Tuesday December 12th,1995, the Senate was ready to vote on the measure, with the vote being 63-36 in favor of the amendment, three short of the two-thirds needed to propose an amendment for ratification by the states.
www.usflag.org /amendment.html   (2414 words)

 The American Thinker   (Site not responding. Last check: 2007-11-06)
Another candidate for inclusion in the amendment is the “incorporation doctrine,” by which provisions of the federal Bill of Rights are made binding on state governments through progressive reinterpretation of the 14th Amendment.
When constitutional amendments were offered in a bid to reverse court decisions on school prayer and flag-burning, for example, liberal columnist Edwin Yoder undertook to instruct “pseudo-conservatives” in the mysteries of conservatism, a viewpoint with which he was evidently unacquainted.
At the time the amendment was adopted, eight Northern states provided for segregated schools either statewide or as a local option, and five Northern states excluded colored children from their public schools altogether.
www.americanthinker.com /articles.php?article_id=4402   (6313 words)

 Hold The Mayo: Open Source Constitutional Amendment   (Site not responding. Last check: 2007-11-06)
An amendment to the Constitution limiting the taking power of government by expressly limiting the scope of “public use” to actual public use.
Once the amendment is finalized It will take all of us, and all of our readers and all of their readers and all off theirs, and their friends too, to start it on its way to ratification.
The right to ownership of one's property being the cornerstone of liberty, the Fifth Amendment to this Constitution's statement that property shall not be taken for public use without just compensation shall be narrowly construed.
nomayo.mu.nu /archives/095398.php   (532 words)

 House Rejects Same-Sex Marriage Ban (washingtonpost.com)
The House joined the Senate yesterday in refusing to approve a constitutional amendment to bar same-sex marriage, described by Republican supporters as a vital protection for traditional families but denounced by Democratic foes as a divisive pre-election ploy to inflame prejudice.
The marriage amendment was the latest in a series of conservative causes to be brought before the House as the elections near.
The White House issued a statement from President Bush, saying that "a bipartisan majority of U.S. Representatives voted in favor of a constitutional amendment affirming the sanctity of marriage as a union between a man and a woman" but adding that he is "disappointed that the House failed to achieve the necessary two-thirds vote.
www.washingtonpost.com /wp-dyn/articles/A63122-2004Sep30.html   (596 words)

 Congressman Jesse L. Jackson, Jr.: The Right to Vote
However, our Constitution only provides explicitly for non-discrimination in voting on the basis of race, sex, and age in the 15th, 19th and 26th Amendments respectively.
Therefore, as a result of the First Amendment, every American citizen has an individual right to free speech, freedom of assembly, and religious freedom (or to choose no religion at all), regardless of which state you are in - individual rights that are protected by the federal government.
According to Harvard's Constitutional Law Professor Alexander Keyssar 108 of the 119 nations in the world that elect their representatives to all levels of government in some democratic fashion explicitly guarantee their citizens the right to vote in their Constitution.
www.house.gov /jackson/VotingAmendment.htm   (518 words)

 CNN.com - Bush calls for ban on same-sex marriages - Feb. 25, 2004
President Bush calls for a constitutional amendment to ban same-sex marriage.
President Bush endorsed a constitutional amendment Tuesday that would restrict marriage to two people of the opposite sex but leave open the possibility that states could allow civil unions.
But amending the Constitution is difficult, requiring a two-thirds majority each in the House and Senate and ratification by three-fourths, or 38, of the 50 states.
www.cnn.com /2004/ALLPOLITICS/02/24/elec04.prez.bush.marriage   (1168 words)

 Affordable Health Insurance for Massachusetts Health Care Amendment   (Site not responding. Last check: 2007-11-06)
We are extremely disappointed that an amendment that had overwhelming popular and legislative support and only needed 50 votes to be placed on the ballot this November was put into a study.
The results of this poll present clear signs that Massachusetts adults continue to maintain their solid support for a state constitutional amendment mandating health insurance coverage and strongly favor placing that amendment on the ballot this November, according to the pollster, Gerry Chervinsky.
We need the Health Care Constitutional Amendment now more than ever to make sure the promise of these current health reforms is fulfilled and that we have the tools to finish the job if we need them to ensure that comprehensive coverage for everyone is affordable and sustainable over time.
healthcareformass.org   (993 words)

 House OKs flag desecration amendment - Politics - MSNBC.com
The amendment’s supporters expressed optimism that a Republican gain of four seats in last November’s election could produce the two-thirds approval needed in the Senate as well after four failed attempts since 1989.
Amendment, in 1971, extended the right to vote to citizens as young as 18.
The last time the Senate voted on the flag-burning amendment, the tally was 63 in favor and 37 against, four votes short of the two-thirds majority needed.
www.msnbc.msn.com /id/8318974   (817 words)

 Feminist Daily News 5/29/2003: Anti-Gay Marriage Constitutional Amendment Introduced in House
If the bill, which also was introduced a year ago, were to become a constitutional amendment - it would first have to pass a joint session of Congress by a supermajority of two-thirds and be ratified by the legislatures of 38 states within 10 years.
The Federal Marriage Amendment is seen as an attempt by conservative forces to counteract possible court rulings that would nullify the 37 state DOMA laws as well as the 1996 federal DOMA law.
Massachusetts is currently considering a state constitutional amendment banning same-sex marriage that also would prevent state recognition of civil unions and prohibit domestic partners from receiving health benefits.
www.feminist.org /news/newsbyte/uswirestory.asp?id=7819   (440 words)

 LII: Constitution   (Site not responding. Last check: 2007-11-06)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
www.law.cornell.edu /constitution/constitution.billofrights.html   (273 words)

 USATODAY.com - Vote on flag desecration may be 'cliffhanger'   (Site not responding. Last check: 2007-11-06)
WASHINGTON — The Senate may be within one or two votes of passing a constitutional amendment to ban desecration of the U.S. flag, clearing the way for ratification by the states, a key opponent of the measure said Tuesday.
Amendment supporters say last year's election expanding the Senate Republican majority to 55 has buoyed their hopes for passage.
The Citizens Flag Alliance, an advocacy group that supports a constitutional amendment, reports a decline in flag desecration incidents, with only one this year.
usatoday.com /news/washington/2005-06-14-flag-desecration-vote_x.htm   (917 words)

 Proposed Constitutional Amendments to U.S. Constitution-Reclaim Democracy.org
If it seems strange to you that we are calling for an amendment to establish something you thought we already had, you may want to read this article first.
Proposing an amendment to the Constitution of the United States regarding the right to vote.
Each State and the District constituting the seat of Government of the United States shall establish and abide by rules for appointing its respective number of Electors.
reclaimdemocracy.org /political_reform/proposed_constitutional_amendments.html   (753 words)

 CNN.com - Bush amendment proposal prompts strong reaction - Feb. 25, 2004
The Constitution requires a two-thirds majority in each house of Congress to pass an amendment.
Democratic presidential hopeful Sen. John Edwards of North Carolina said he opposes such an amendment and believes the issue should be left up to the states.
If an amendment "authorizes state legislatures to confer the entire legal substance of marriage, without the name of marriage, upon persons who are not married, then it takes away with one hand what it gives with the other," said a statement by Michael Schwartz, a spokesman for Concerned Women for America.
www.cnn.com /2004/ALLPOLITICS/02/24/elec04.marriage.reacts/index.html   (1093 words)

 USATODAY.com - Bush backs gay-marriage ban   (Site not responding. Last check: 2007-11-06)
WASHINGTON — President Bush called Tuesday for a constitutional amendment to bar same-sex marriage, joining a bitter dispute that is heading through the courts, dividing the nation and shaping the presidential election.
Bush's support of a proposed amendment had long been sought by conservative Christians, who are among the Republican Party's most loyal supporters.
Amending the Constitution requires approval by two-thirds of the House and Senate and three-quarters of state legislatures.
www.usatoday.com /news/washington/2004-02-24-bush-marriage_x.htm   (697 words)

 The U.S. Constitution Online - USConstitution.net
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
www.usconstitution.net /const.html   (5233 words)

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