Amending the U.S. Constitution: Myths and Facts

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Is it possible to amend the U.S. Constitution through a state constitution? No, the answer is straightforward and should be clear to anyone familiar with the U.S. Constitution. This comprehensive article explains why state constitutions cannot and do not amend the national Constitution and clarifies the proper process for constitutional amendments.

Understanding the U.S. Constitution

First and foremost, it is crucial to understand that the U.S. Constitution holds the supreme authority as the Supreme Law of the Land. This principle was established by the Founding Fathers in 1789, with the phrase 'Supreme Law of the Land' explicitly written into the Constitution. This means that any action or law that conflicts with the Constitution is invalid.

State Constitutions vs. Federal Constitution

While state constitutions are important documents that establish the government structure and rights within a state, they do not hold the same supreme authority as the federal Constitution. These documents are state-specific and do not have the power to alter or amend the national Constitution. In fact, some state courts occasionally cite state constitutions to violate federal constitutional rights, which only serves to highlight the misconception that state constitutions override the federal document.

Amending the Constitution: The Proper Process

Article V of the U.S. Constitution

The proper and explicitly outlined process for amending the U.S. Constitution is found in Article V. According to Article V, the Constitution can be amended through two methods:

By Congress: Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. By a Constitutional Convention: Two-thirds of the state legislatures can call for a convention to propose amendments. Once a proposed amendment is passed, it must be ratified by three-fourths of the state legislatures or constitutional conventions in the states.

According to Thomas Jefferson, another valid method of amending the constitution is through revolution. However, this is a radical approach and not typically considered a preferred method.

Why State Constitutions Cannot Amend the U.S. Constitution

When a state joins the Union, it agrees to the terms laid out by the U.S. Constitution. The Constitution defines the rules and limitations of the federal government, and anything not specifically granted to the federal government belongs to the states. Conversely, states have agreed to follow certain provisions granted to the federal government. This system allows for a balance of power between the federal government and the states.

The concept of states acting as sovereign entities capable of amending the federal Constitution is flawed and misinformed. State constitutions are contracts between the state and its citizens, and they do not have the authority to change the national Constitution.

Comparison with Other Government Systems

To further clarify, consider the example of Canada's federal system, which is quite different from the U.S. system. In Canada, the division of powers is based on a clearly defined Constitution Act, 1867. However, even in countries with centralized governments, the national constitution remains supreme, and states or provinces do not have the ability to amend it.

In conclusion, the U.S. Constitution can only be amended through the proper procedures outlined in Article V, which involve either Congress, a constitutional convention, or a revolution. State constitutions do not have the authority to make changes to the national Constitution. Understanding these core principles is essential for anyone seeking to comprehend the true nature of American federalism and the supremacy of the Constitution.

Keywords: U.S. Constitution, Constitutional Amendment, State Constitution