Constitution Sunday (on Monday) - Amending the Constitution

In the ongoing debate concerning the issue of the debt ceiling and whether or not to increase it, Republicans are now proposing a new plan known as “Cut, cap and balance.” The “balance” portion of the plan refers to a balanced budget amendment to the Constitution. Simply, Congress would raise the debt ceiling by $2.5 trillion but that increase would only go into effect if both houses of Congress pass – with two-thirds majorities – a balanced budget amendment to the Constitution and send it to the states for ratification.

Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Here is what it says:

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.

Here is what it means: There are two ways to propose an amendment to the Constitution. First, and this is the only method that has actually been used, Congress can pass a proposed amendment by a two-thirds vote of the members present in both the House of Representatives and the Senate. The President’s approval is not required. Under the second method, two-thirds of the states must petition Congress to call a constitutional convention. After the amendment has been proposed, there are two methods prescribed for ratification of amendments. Both ratification methods rely on the states. A proposed amendment becomes part of the Constitution when approved by the legislatures of three-fourths of the states or when approved by ratifying conventions of three-fourths of the states. So, in a nutshell, the Federal government and State governments each play an important role in modifying the law of the land as laid down by our very wise Founding Fathers.