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The U. S. Constitution requires that after a proposed Amendment to the Constitution is approved by at least 2/3 of each House of Congress and is presented to the states for ratification, a minimum of 3/4 of the states must ratify it for it to become part of the Constitution. When the U. S. Archivist reports that he/she has received the minimum number of ratifications required for acceptance of the proposal, it is immediately part of the Constitution with no further action required by Congress, the President or the Supreme Court. Of course a lawsuit may be filed if there is evidence that the ratification was not validly completed as required by the Constitution.

The 27th Amendment to the Constitution was accepted by Congress and presented to the states for ratification in September 1789. It was not reported to have been ratified until more than 3/4 of the 50 states had ratified it, the 38th state doing so in May 1992. Since the Union consisted of eleven states at the time Congress approved the proposal, this suggests that the minimum number of states required for ratification continues to increase as the total number of states increases, becoming at least 3/4 of the new total with each new statehood grant.

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Q: Who decides if enough states have ratified a constitutional amendment?
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What was the last amendment to be ratified by Congress but not ratified by enough states?

The proposed Constitutional Amendment most recently approved by Congress as required is the Washington DC Voting Rights Amendment. It would have have given the District of Columbia the same rights as a state regarding voting representation in the U. S. Senate and House of Representatives and regarding Presidential elections. Congress approved the proposal in August 1978. By the time it passed a self-imposed expiration date in 1985 only 16 of the required 38 states had ratified it.


How can an Amendment be prevented from passing?

An amendment can be prevented from passing if it does not get enough votes to be proposed (2/3 of both houses in Congress, through a constitutional convention called by 2/3 state legislatures). If an amendment is proposed it can still be prevented from passing by not getting enough votes ( 3/4 of legislatures in states must ratify, or 3/4 of the states must have individual constitutional conventions to ratify it.)


Where are all amendments of the constitution approved at?

Constitutional amendments must first pass both houses of congress, and they are then sent to the states to be ratified. To become a law, 3/4 of the states must agree to ratify an amendment. This is to make sure that amending the constitution is difficult and requires a lot of thought before it happens. So, to sum up, after a proposed amendment is approved by congress, it must then go to the individual states; if enough states vote to approve it, the amendment becomes a part of the constitution.


Do you capitalize Equal Rights Amendment in a sentence?

If you are referring to the specific proposed amendment from the 1970's, then yes, you capitalize it. If you are referring to the general concept of similar proposals, then you do not capitalize it.For example:The Equal Rights Amendment was not adopted as part of the United States Constitution because not enough states ratified it before the deadline.California and several other states have an equal rights amendment in their state constitutions.


Was the equal rights amendments ratified?

It was never ratified on the federal level. however the roles of Women have been expanded in the Armed Forces, the Space Program, and now the Supreme Court, you be the judge! different strokes for different folks.

Related questions

What was the last amendment to be ratified by Congress but not ratified by enough states?

The proposed Constitutional Amendment most recently approved by Congress as required is the Washington DC Voting Rights Amendment. It would have have given the District of Columbia the same rights as a state regarding voting representation in the U. S. Senate and House of Representatives and regarding Presidential elections. Congress approved the proposal in August 1978. By the time it passed a self-imposed expiration date in 1985 only 16 of the required 38 states had ratified it.


What was the outcome of the ERA?

The Equal Rights Amendment was a proposed amendment that failed to be ratified by enough states. It proposed equal rights for both sexes.


When was the sixteenth amendment ratified?

Never. In order for an amendment to be properly ratified, it must be ratified in its EXACT language, by 3/5 of all of the states. While it seems that enough states did ratify a variation of the amendment in some form or another, it was never ratified in its exact language by enough states. This did not, however, prevent it from being added to the Constitution, and becoming de facto "law". It was never properly ratified. There are various institutions offering enormous cash rewards to anybody who can prove otherwise, as of yet, no takers.


How can an Amendment be prevented from passing?

An amendment can be prevented from passing if it does not get enough votes to be proposed (2/3 of both houses in Congress, through a constitutional convention called by 2/3 state legislatures). If an amendment is proposed it can still be prevented from passing by not getting enough votes ( 3/4 of legislatures in states must ratify, or 3/4 of the states must have individual constitutional conventions to ratify it.)


Where are all amendments of the constitution approved at?

Constitutional amendments must first pass both houses of congress, and they are then sent to the states to be ratified. To become a law, 3/4 of the states must agree to ratify an amendment. This is to make sure that amending the constitution is difficult and requires a lot of thought before it happens. So, to sum up, after a proposed amendment is approved by congress, it must then go to the individual states; if enough states vote to approve it, the amendment becomes a part of the constitution.


Which constitutional amendment allowed voting for citizens who were eighteen or older?

Amendment The 26th amendment lowered the voting age from 21 to 18. During the Vietnam War, the slogan most heard was "old enough to fight .. old enough to vote" during a time 18 year old were drafted into the army. It was passed on March 23, 1971 and officially ratified on July 1, 1971. However, the first national (for President) election they were able to vote in was in 1976.


Do you capitalize Equal Rights Amendment in a sentence?

If you are referring to the specific proposed amendment from the 1970's, then yes, you capitalize it. If you are referring to the general concept of similar proposals, then you do not capitalize it.For example:The Equal Rights Amendment was not adopted as part of the United States Constitution because not enough states ratified it before the deadline.California and several other states have an equal rights amendment in their state constitutions.


Which amendment says if your old enough to fight your old enough to vote?

26 amendment


Were the Federalist Papers written before the Constitutional Convention happened?

No, the Federalist Papers were written in 1787-1788, after the Framers signed the Constitution, but before enough states had ratified the Constitution so it could replace the Articles of Confederation.


What is the number of states needed to ratify the Equal Rights Amendment?

{Led by Phyllis Schlafly, enough concerns about the amendment were presented that the Equal Rights Amendment was unable to garner sufficient states for ratification, falling three short of the necessary 38.}


What does overruled mean?

It is when the judge decides that the objection isn't important enough and decides to not take action for it.


What does objection overruled mean?

It is when the judge decides that the objection isn't important enough and decides to not take action for it.