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A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, state convention, [1] or amendatory convention is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: on the Application of two thirds of the State legislatures (that is, 34 of the 50 ...
Of the 33 amendments submitted to the states for ratification, the state convention method has been used for only one, the Twenty-first Amendment. [6] In United States v. Sprague (1931), the Supreme Court affirmed the authority of Congress to decide which mode of ratification will be used for each individual constitutional amendment. [14]
The United States Supreme Court has ruled that a popular referendum is not a substitute for either the legislature or a ratifying convention—nor can a referendum approve of, or disapprove of, a state legislature's, or a convention's, decision on an amendment (Hawke v. Smith, 253 U.S. 221, [1920]).
DeSantis is suggesting an alternative method of proposing U.S. Constitutional amendments that would let states call a convention if enough of them ask Congress. ... Supreme Court, meanwhile, has ...
[f] The Supreme Court will decide Constitutional issues of state law only on a case-by-case basis, and only by strict Constitutional necessity, independent of state legislators' motives, their policy outcomes or its national wisdom. [g] Section 3 bars Congress from changing or modifying Federal law on treason by simple majority statute.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
In Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), the Supreme Court considered such a case, in which the Attorney General had found that deporting an essentially stateless person would result in extreme hardship, and the House had vetoed the Attorney General's decision.
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.