Constitutional Amendments

Process, History & League Positions

A Presentation to

The League of Women Voters of Kent County, DE

​

Chris Asay, January 2021

Money In Politics

A Presentation to

The League of Women Voters of Kent County, DE

​

Chris Asay, September 2020

​

A Follow-up to:

a Constitutional Amendment is needed.

For addressing these two issues,

A Follow-up to:

Amending the US Constitution

1. How Amendments Are Added
2. A Brief History of Amendments
3. League Positions on Amending and Amendments
4. Local Action

How it is Done

Article V, U.S. Constitution

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 in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress;

​

​

How it is Done

How it is Done

Ratification: Each State Gets An Equal Say

Wyoming: Pop. Less than 600,000 = One Vote

California: Pop. More than 37,000,000* = One Vote

*61 times as many

The State of Wyoming has Equal Say as California

A Minimum 3/4 of States Must Approve

If Only 13 States Disapprove or Do Nothing, It Fails

38 States Must Approve to Succeed

State Legislatures Decide

• By A Simple Majority Vote
• Not by State Referendum or Popular Vote
• State may choose Not To Vote At All
• Approval Period is Currently Time-Limited to 7 Years

How it is Done

3/4 Must Approve

How it is Done

Proposals From Congress

1. Any US Representative or Senator may introduce a bill for a Constitutional Amendment
2. The bill must go through the normal legislative process
1. Committee Hearing & Vote
2. Floor Vote (Must be 2 / 3 Approval)
3. To other Chamber for consideration
3. Requires 2 / 3 Approval Vote of Both Houses
• 290 of 435 Representatives
• 67 of 100 Senators

How it is Done

2/3 of Both Houses

How it is Done

3/4 Must Approve

How it is Done

How is a Convention Initiated?

• The States Legislatures must petition Congress to “call” for a Constitutional Amendment Convention
• A minimum of 2 / 3 of the States must make the request
• Once the minimum have done so, then Congress must call for the Convention.
• In making the call, Congress specifies the details of the Convention.

How it is Done

2/3 of States Request

Proposals From Amendment Convention

• The Convention is attended by representatives from all of the states
• Convention representatives can introduce proposals for amendments, debate them, and then vote on them
• Any amendment proposals that are approved by the Convention are then sent to the States for Ratification

How it is Done

2/3 of States Request

3/4 Must Approve

How it is Done

2/3 of States Request

13 States Disapprove

Questions or Comments?

History

33 Proposals Sent To States for Ratification

​

In 232 years!

27 Ratified and added to Constitution

6 Failed

27 Amendments Have Been Added

• In 232 years!
• Nearly 12,000 proposals have been introduced in Congress
• 100 every year, currently
• Almost all have died in committee and do not make it to a floor vote
• Only one in the last 55 years has passed the 2 / 3 vote of both Houses

Amendments 1 - 15

1-10 Bill of Rights Adopted as a group within 3 years

11 State Sovereign Immunity

12 Election of President and VP together

13-15 Ending Slavery, Due Process & Equal Protection, Voting Rights

Amendments 16 - 20

16 Income tax

17 Election of Senators

18 Prohibition

19 Voting Rights for Women

20 Presidential term begins Jan 20; Congressional term begins Jan 2

Amendments 21 - 24

21 Repeal Prohibition

22 Presidential Term Limits

23 DC gets Electors in Vote for President

24 Abolished Poll Tax

Amendments 25 - 27

25 Succession to Presidency

26 Voting Age 18 (100 days)

27 Congressional Salary Delay (202 years)

6 Proposals Failed

Including:

• Child Labor
• DC “Statehood” in Congress
• ERA

Time Limits on Ratification

Starting in 1917, with the 18th Amendment, Prohibition,

Congress has set a 7-year time limit for States Ratification

Thus, the ERA and DC Statehood proposals died within 7 years,

yet the 27th Amendment was ratified 202 years after being proposed

No Amendment Convention Has Been Called

• Requests have come from almost every State, for a variety of specific topics, over 232 years
• Recent requests have been for Term Limits, Balanced Federal Budget and Overturn Citizens United
• The 2 / 3 requirement has never been reached
• Whenever the count of requesting states has come close to 2 / 3, Congress has stepped in and proposed an amendment

How it is Done

Enough States Start Requesting

2/3 of Both Houses

Example: The 17th Amendment

• Direct Election of US Senators
• Senators had originally been selected by state legislatures
• Money was sometimes used to buy the appointment
• In 1912, when the 2 / 3 threshold was just one state away, Congress took action to avoid the convention call
• Congress proposed the amendment, and state ratification took less than a year

Concerns Regarding an Amendment Convention

• No guidelines for a Convention provided in Article V of the US Constitution
• Left to Congress to provide the details
• Questions arise over how much control Congress would have once the Convention was assembled

Concerns Regarding an Amendment Convention

​

​

• Limited in scope? Or wide-open to all topics?
• Who selects the delegates? Local popular vote? State Legislatures? Governors?
• Are delegate numbers based on population or equal numbers for all states?
• Is voting in the Convention by State, in a block, or by individual delegate vote?
• Will the convention be closed, or open to the press and public view?

How it is Done

2/3 of States Request

13 States Disapprove

Advantages of Convention Call

• Adds pressure on a Congress reluctant to act
• Generates popular local awareness and support
• Networking among local advocacy groups

Questions or Comments?

League Positions

League Positions

General Guidelines for Constitutional Amendments

General Guidelines for Amendment Conventions

​

Opposed to Balanced Budget Amendment

No Position on Reversing Citizens United

On Constitutional Amendments:

• Consistent with League Positions
• Abiding Importance
• Effective Wording
• Makes Our System More Democratic or Protects Individual Rights
• Can’t be Achieved Through Legislation
• Suited to a General Approach

On a Constitutional Amendment Convention:

Only if:

• Use Only Topic-specific Requests to Count for 2 /3 Threshold
• Use Most Recent Action of a State for Request Count
• Convention Transparent to Public and Press
• Delegates Elected, and by Population
• Voting at Convention is by Delegate, not by State
• Proposals Limited to a Specific Topic

On Specific Amendment Proposals:

Balanced Budget Amendment: Opposed

(League Supports Possible Deficit Spending in Times of Necessity -- Recession/Depression, High Unemployment, National Security Crisis)

​

Reverse Citizens United: No Position

Questions or Comments?

Recent Local Action

2019 Delaware HCR 5, Introduced by Rep. David Benz

Calling for an Article V Convention to Amend the US Constitution to Reverse the Citizen United Decision

Hearing in House Administration Committee, Tabled (Killed -- No Floor Vote)

Opposed by League of Women Voters of Delaware (Inconsistent with 2018 League Policy Positions)

​

Stand Was Inconsistent with Policy Statements

League Rep offered a blanket opposition to Amendment Conventions, as “dangerous”

2016 & 2018 League Position was not generally opposed to Amendment Convention

Legislation in question called for Amendment Convention specifically to address Citizens United

League could have proposed amending the bill to include other conditions specified in the League Policy Position document

Money In Politics

A Presentation to

The League of Women Voters of Kent County, DE

​

Chris Asay, September 2020

​

A Follow-up to:

a Constitutional Amendment is needed.

For addressing these two issues,

A Follow-up to:

Questions or Comments?

THANK YOU!

​

​

​

Wikipedia: List of Amendments to US Constitution