A Conversation for The Constitution of the United States of America

More the creation of the Constitution

Post 1

Simon B

This is a very in-depth exploration indeed smiley - ok

Perhaps though it should be retitled "The creation of the Consitution..."

Maybe a University project could be made of a full exploration of the Constitution's articles, amendments and effect on US history?


More the creation of the Constitution

Post 2

Two Bit Trigger Pumping Moron

I'm game if you are.


More the creation of the Constitution

Post 3

GentletGarble

With the present attempts by Pres. GW Bush to create a Constitutional Amendment that would ban same sex marriage this topic is especially poignant.



More the creation of the Constitution

Post 4

ThirdSection

I'm not overly worried about a same-sex marriage ban becoming a Constitutional amendment and here's why.

First, a proposed amendment needs to pass both houses of Congress with a 2/3 majority. THEN, it has to be signed by the President. THEN, it has to be approved by the Supreme Court. FINALLY, it must be ratified by 2/3 of the states (that's 34 out of 50).

On top of all of this, please note that the Constitution has only been amended 18 times over the past 200+ years and one of those amendments was put there in order to strike down another (Prohibition).

On top of that, what defines a marriage in the US has always been subject to state law, not federal law, and individual states are often quite reluctant to give their power up to the feds.


More the creation of the Constitution

Post 5

Two Bit Trigger Pumping Moron

I don't recall the president or the Supreme Court having any direct input on the ratification of a new amendment. I thought it just had to do with Congress and the states (either through vote or constitutional covention).

I'd be surprised if it didn't pass if the issue was pushed very hard.

smiley - handcuffs


More the creation of the Constitution

Post 6

ThirdSection

Ok,I picked up my copy of the Constitution (every American ought to have one) and found myself to be wrong on two counts.

1. There are 26, not 18 amendments to the Constitution. The 26th Amendment granted 18-year-olds the right to vote in 1971. I'm surprised nobody caught that!smiley - biggrin

2. My account of the amendment procedure wasn't entirely correct. Here's Article V (Amending the Constitution) quoted in full:

"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 of 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 it's equal Sufferage in the Senate."

There, I hope that clears things up a bit.


More the creation of the Constitution

Post 7

Two Bit Trigger Pumping Moron

There are actually 27 Amendments to the Contitution. The last one states that when Congress gives itself a raise, it will not take effect until the next Congress.

I didn't challenge your statement that the constitution was amended 18 times because you're correct. The first ten amednements were all passed at about the same time. There were 17 more amendments, so it's been amended 18 times.

Here's a link to a copy of the Constituion on the Guide: A472817

smiley - handcuffs


More the creation of the Constitution

Post 8

mbowles

I guess it all depends on how you look at things. The Last amendment for example (the 27th) was submitted to the states with the bill of rights in 1789(12 were submitted) it wasn't until 1992 that enough states had ratified it.
Also, the Thirteenth & Fourteenth Amendments were fairly close, and the 16th & 17th were really really close. I guess its like Congress goes on periodic amendment binges. But who knows!


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