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 * Chapter 8 test Essay!

Bailey Watson B Period Feb. 28, 2010**

There are essentially two ways [|spelled out] in the Constitution for how to propose an amendment. One has never been used. The first method is for a bill to pass both houses 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 ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment 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. In any case, passage by the legislature or convention is by simple majority. The Constitution, then, spells out four paths for an amendment: 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. This point is clear in Article 5, and was reaffirmed by the Supreme Court in //Hollingsworth v Virginia// (3 US 378 [1798]): The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.
 * Proposal by convention of states, ratification by state conventions (never used)
 * Proposal by convention of states, ratification by state legislatures (never used)
 * Proposal by Congress, ratification by state conventions (used once)
 * Proposal by Congress, ratification by state legislatures (used all other times)

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This means that, the first method to making a bill is to pass both of the houses and then get two-thirds majority in each of them. When the bill passes both of the houses it goes to the states.The comgress will usually put a time limit (usually around 7 years) for it to be approved as a amendment.

The second method is for a Constitutional Convention to be called by two of the three of the legislatures of the States. For that the Comvention has to propose one or more amendments. They are sent to the states to be approved of the conventions.