An introduction to the analysis of the article five in the united states constitution

Here is a summary of my analysis there: Jesse does not get excited, his velvet gets explosive. Please see The Amendments Page for more information. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President.

Presidents must also be a natural-born citizen of the United States. Deadlines[ edit ] The practice of limiting the time available to the states to ratify proposed amendments began in with the Eighteenth Amendment.

No Money shall be drawn from the Treasury, but in Consequence of Appropriation s made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

This alone does not mean a change is going to be made, or an amendment will be added, it simply puts it in to the realm that a proposed change will be looked at, and then later voted on, to decide what changes will be made if any to the Constitution. Most people did not wish to create a strong national government, far away from their homes, over which they felt they would have little or no control -- they had just fought a long and bitter war to free themselves from such a government.

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdictionboth as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Darbythe "power of Congress over interstate commerce is not confined to the regulation of commerce among the states.

Section 9 The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Constitution of the United States

And, because state legislatures controlled their own commerce, the federal Congress was unable to enter into credible trade agreements with foreign powers to open markets for American goods, in part, by threatening to restrict foreign access to the American market.

This process is difficult but not impossible to complete; over the course of American history, 27 different amendments to the Constitution have been ratified.

The U.S. Constitution: An Overview

This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, remained so. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Balkin, Living Originalism ; Randy E. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Why is this document in existence? And James Madison, also from Virginia, earned the nickname "Father of the Constitution" because time and again his brilliant ideas and tireless energy kept the convention moving toward its goal. Section 5 Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

This statement by Washington has become controversial, and scholars[ which? Those who support a narrower reading observe that the Constitution aims to constrain, as well as to empower, Congress, and the broadest reading of the Commerce power extends well beyond anything the framers imagined.

This should not be taken as a substitute for the Constitution, but more like a study guide. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.

Section 3 defines, without any question, what the crime of treason is. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

This serves as official notice to Congress and to the nation that the ratification process has been successfully completed. Instead he argues that Article V provides a clear and stable way of amending the document that is explicit, authentic, and the exclusive means of amendment; it promotes wisdom and justice through enhancing deliberation and prudence; and its process complements federalism and separation of powers that are key features of the Constitution.

When sitting for that Purpose, they shall be on Oath or Affirmation. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

This was then translated by the Committee of Detail into the present enumeration of powers in Article I, Section 8, which was accepted as a functional equivalent by the Convention without much discussion.

United States Constitution

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.Article 5 of the U.S.

Constitution is one which discusses how the Constitution might be changed, what amendments can be made, and discusses the manner in which the changes can and should be made. Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered.

Altering the Constitution consists of proposing an amendment or amendments and subsequent ratification.

Article Five of the United States Constitution

The Constitution of the United States The Bill of Rights & All Amendments A highly accessible, easy to use online version full text transcript including the Bill of Rights and the rest of the Amendments with both sequential and subject indexes.

Article V, U.S. Constitution * * * * * * * * * * Article V. 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.

The Constitution can be amended (that is, changed) through a formal process established by the Framers in For an amendment to take effect, it first needs to be officially proposed by a two-thirds vote in both houses of Congress (or by two-thirds of all state legislatures), then it needs to be ratified by three-fourths of the state legislatures.

U.S. Constitution - Article 4 Section 4 - The U.S. Constitution Online The United States Constitution - The U.S. Constitution Online Quick Links: FAQ Topics Forums Documents Timeline Kids Vermont Constitution Map Citation.

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An introduction to the analysis of the article five in the united states constitution
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