Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Samantha

(9,314 posts)
10. The only way to change the Constitution is through an amendment
Fri Aug 21, 2015, 02:16 AM
Aug 2015

Last edited Sat Aug 22, 2015, 02:27 AM - Edit history (1)

So obviously, the 14th Amendment does just that. Any change to that wording would have to be made through the passage of another Amendment, which would have to be approved by two-thirds of both Houses of Congress and subsequently ratified by three-fourths of the states.

But read the text of Article 5 of the 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; 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 its equal suffrage in the Senate.


https://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution

It appears that the Constitution can be amended by in the first instance state legislatures ratifying the proposed new amendment, but in the second instance by state conventions, with the same three-fourths needed for passage.

Either of these methods require a super-majority of the states (3/4's) approving the language so if Trump is planning on changing the 14th, he would have to bring along 38 states to his side.

Of course there is also that remote possibility that 5 Supreme Court judges could step in with some wild hair interpretation of a couple of obsolete laws such as was done with the Safe Harbor provision in the Bush v. Gore decision and assert that we have interpreted the 14th Amendment all wrong all these years....

Sam

Latest Discussions»General Discussion»Hmmm..this could be a pro...»Reply #10