Question about Consitutional Amendments.

[zanana]

Granted, I was in high school a long time ago, but I seem to remember my American Government class pretty well. I had a teacher who was kind of a Wingnut, but he was honest. I was taught that, in the event of a Consitutional Convention, the entire consitution is opened up and anything can be changed. So, if the Republicans (who are in the majority in every branch of our government right now) decide to amend the consitution to prohibit gay marriage once and for all, do they get to change anything they want? Does anybody know?

[prodigal_green]

1. No

You don't need a Constitutional Convention to add an amendment.

[Sandpiper]

2. The Amendment process isn't that easy

There are two ways.

The first is a constitutional convention. It requires 2/3 of the state legislatures voting in favor of it (34 of 50). And yes, if a constitutional convention is convened, everything is up for grabs.

The other way is, the proposed amendment has to be passed by a 2/3 majority in both houses of the legislature, then has to be ratified by 3/4 of the states (38 of 50)

[prodigal_green]

3. How to Amend the Constitution

From: http://www.usconstitution.net/constam.html

The Amendment Process

There are essentially two ways spelled out in the Constitution for how it can be amended. One has never been used.

The first method is for a bill to pass both halves of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be approved by three-fourths of states. The amendment as passed may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention.

It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification.