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Essay On Fifth Amendment

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Essay On Fifth Amendment
The fifth article of the Constitution is devoted to the process by which amendments are proposed and adopted. This article is extremely important, as it allows the Constitution to stand the test of time. Without the amendment process, it is unlikely that the Constitution would have lasted as long as it has. Under the Articles of Confederation it was much harder to pass any amendments; as a result of this the Constitution includes two separate ways in which amendments can be proposed. The Articles of Confederation required a unanimous vote before any amendments could be passed; this made it nearly impossible for any changes to the Articles to be approved. No matter what the amendment was, there was always at least one state that had a problem …show more content…
The amendment must pass both the House and the Senate with a two-thirds vote in each. It then has to be approved by three-fourths of the States in their state legislatures. The majority of amendments have been proposed this way. There is a specified time limit that the states are allowed to approve the amendment. On the few amendments that have not included a time limit, the amendment will remain pending before the states until passed. So far, all amendments have been approved through this process. The 21st amendment followed a slightly different approach, requiring that the amendment be approved through state ratifying conventions instead of state legislatures. The other way amendments can be proposed is through a constitutional convention. This constitutional convention must be called for by two-thirds of the state legislatures. This has never been done before in the history of the United States, although recently there have been increased calls for it. This way of amending the Constitution was added as a state check on the federal government, allowing the states to amend the Constitution without any oversight by the federal government. While it has never been used, it is still important, as it makes the amendment process more democratic and responsive to the

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