[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 34. Constitutional Amendments]
[A. Introduction]
[Â§ 1. In General]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                               CHAPTER 34
 
                       Constitutional Amendments
 
                            A. Introduction
 
Sec. 1. In General



    Article V of the Constitution provides as follows:
    ``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; . . 
.''
    It is thus that the Constitution provides the methods by which that 
governing document may be amended.
    Although States have from time to time submitted memorials 
requesting a constitutional convention for the purpose of discussing 
amendments on specified subject matters,(1) no convention 
has been held under Article V. This chapter therefore focuses on 
precedents regarding proposed constitutional amendments originating in 
the Congress.(2)
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 1. See, e.g. , 147 Cong. Rec. 6129, 107th Cong. 1st Sess., Apr. 24, 
        2001. Some States have submitted memorials rescinding prior 
        applications for conventions. See, e.g. , 149 Cong. Rec. 11131, 
        108th Cong. 1st Sess., May 9, 2003 (memorial from Arizona 
        rescinding all of the State's previous calls for a 
        constitutional convention); 135 Cong. Rec. 19782, 101st Cong. 
        1st Sess., Sept. 7, 1989 (memorial from Alabama rescinding a 
        previous call for a constitutional convention to propose an 
        amendment requiring that Federal spending not exceed estimated 
        Federal revenues). See also 145 Cong. Rec. 18782, 106th Cong. 
        1st Sess., July 30, 1999 (memorial from Oregon urging Congress 
        to disregard calls for a constitutional convention on the 
        subject of a balanced Federal budget out of concern that such a 
        convention might intrude into other constitutional revisions).
 2. For discussion in the House on the method of amending the 
        Constitution by convention, see 76 Cong. Rec. 124-134, 72d 
        Cong. 2d Sess., Dec. 7, 1932. See also hearing of the 
        Subcommittee on the Constitution, Committee on the Judiciary, 
        Proposing an Amendment to the Constitution of the United States 
        to Provide a Procedure by which the States may Propose 
        Constitutional Amendments, Mar. 25, 1998 (regarding H.J. Res. 
        84, 105th Congress).

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