General Elections: Law Ratification And Democracy's Voice

The term ratification refers to a principal's legal confirmation of an act of its agent. In the context of law-making, ratification often involves a legislative body or a public vote to approve a decision. In international law, ratification is the process by which a state consents to be bound by a treaty. In the case of constitutional amendments, ratification may require the approval of a certain percentage of constituent governments for the changes to take effect. For instance, in the United States, the Fifteenth Amendment, which granted citizens the right to vote regardless of race, needed to be ratified by each state before former Confederate states could be readmitted to the Union. Similarly, in Japan, both houses of parliament must approve a treaty for ratification, and in Australia, treaties must be scrutinized by the Joint Standing Committee on Treaties before ratification. While the specific process of ratification varies, it generally involves some form of approval or confirmation to validate a decision or agreement.

Ratification of a law by a state's constitution

Ratification is a principal's legal confirmation of an act of its agent. In the context of a state's constitution, ratification typically refers to the process of approving and enacting constitutional amendments or treaties. The process of ratification can vary depending on the country and the specific legal framework in place.

In the United States, the procedure for amending the Constitution is outlined in Article V. The process is overseen by the Archivist of the United States. Under Article Five, a proposal for an amendment must be adopted by a two-thirds majority vote in both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once the proposal has passed, Congress decides on the method of ratification: ratification by state legislatures or by state ratifying conventions. The proposed amendment and the chosen method of ratification are sent to the Office of the Federal Register, which then submits it to the states for their consideration. The amendment becomes part of the Constitution when it has been ratified by three-fourths of the states (currently 38 states). It is important to note that the mode of ratification is determined by Congress, and a vote by the electorate is not applicable to the ratification of a constitutional amendment.

The United States Constitution also provides for an alternative process for proposing and ratifying amendments, outlined in Article V, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention to propose amendments. Any amendment proposed by this convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.

In other countries, the process of ratifying treaties and amendments may differ. For example, in Japan, both houses of parliament (the National Diet) must approve a treaty for ratification. If there is a disagreement between the two houses, a joint committee is formed to resolve the differences. If an agreement cannot be reached, the House of Representatives' approval is considered the vote of the National Diet, and the treaty is then promulgated into law by the Emperor. Similarly, in Australia, treaties are scrutinized by the Joint Standing Committee on Treaties and must be passed by both houses of parliament before ratification.

In summary, the ratification of a law by a state's constitution typically involves a multi-step process that includes proposal, consideration, and approval by the required number of states or legislative bodies. The specific process can vary depending on the country and the type of ratification (e.g., constitutional amendment or treaty ratification).

Ratification of a law by a state's legislature

Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments. In the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The term applies to private contract law, international treaties, and constitutions in federal states.

In the context of a state's legislature, the ratification method is procedurally simple. A resolution, memorial, or proclamation of ratification is proposed and then voted on in each chamber of the state legislature. This process has been used for the ratification of every amendment to the US Constitution thus far. For a proposed amendment to be adopted, three-quarters of the states must ratify the amendment through a vote of approval in each state's legislature or by state ratifying conventions.

State ratifying conventions are one of the two methods established by Article V of the US Constitution for ratifying proposed constitutional amendments. The convention method of ratification described in Article V is an alternate route to considering the pros and cons of a particular proposed amendment. It is a means of potentially bypassing the state legislatures in the ratification process. To some extent, the convention method of ratification loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, thus allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues.

In Australia, the power to enter into treaties is an executive power within the Australian Constitution, so the Australian Government may enter into a binding treaty without seeking parliamentary approval. However, most treaties are tabled in parliament for between 15 and 20 joint sitting days for scrutiny by the Joint Standing Committee on Treaties. In Japan, in principle, both houses of the parliament must approve the treaty for ratification. If the House of Representatives and the House of Councilors cannot come to an agreement, the former's vote will be regarded as the vote of the National Diet approving the ratification.

Ratification of a law by a state's governor

Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The term is also used in parliamentary procedure in deliberative assemblies.

In the context of a state's governor, ratification of a law typically refers to the process of approving a proposed amendment to the state's constitution. In the United States, there are two methods established by Article V of the Constitution for ratifying proposed constitutional amendments: ratification by the state legislatures and ratification by state ratifying conventions.

State ratifying conventions are a method where delegates, who are typically average citizens, are elected to represent the state in the convention and vote on the proposed amendment. The theory behind this method is that these delegates may be less susceptible to political pressure than state legislators. The only amendment that has been ratified through a state ratifying convention thus far is the 21st Amendment in 1933.

In the state of Vermont, the governor plays a role in initiating the state ratifying convention process. The governor has 60 days to call for the election of delegates to the state ratifying convention. The governor, along with the lieutenant governor and the speaker of the Vermont State House, nominates candidates for the convention, with an equal number of candidates for and against the proposed amendment. The governor then sets a date for the convention to convene, usually within 20 to 30 days after the election of delegates.

It is important to note that the role of a state's governor in the ratification process may vary depending on the specific state and its laws. While the governor of Vermont has a defined role in initiating the state ratifying convention process, other states may have different procedures in place.

Ratification of a law by a state's citizens

Ratification is a principal's legal confirmation of an act of its agent. In the context of international law, ratification is the process by which a state consents to be bound to a treaty. This confirmation can be accomplished through the exchange of requisite instruments in bilateral treaties or by a depositary collecting ratifications from all states in multilateral treaties. The term "ratification" is also used in parliamentary procedure and deliberative assemblies, such as in the case of contract law.

In the United States, the traditional constitutional amendment process involves Congress passing a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. The amendment is then sent to the states for ratification by a vote of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths (currently 38) of the states.

The process of ratification by a state's citizens, as described above, is different from a general election, which typically refers to electing representatives or officials to public office. However, in some countries, general elections can be called to directly involve citizens in the ratification process. For example, in Switzerland, citizens can vote on proposed changes to the constitution through popular initiatives and referendums, which are similar to general elections.

While I cannot provide specific information about the ability of a state's citizens to ratify a law through a general election in the US, the process of constitutional amendment ratification described earlier involves a vote of the state legislatures, which may include representatives elected by the citizens.

Ratification of a law by a state's election

Ratification is a principal's legal confirmation of an act of its agent. In the context of international law, ratification is the process by which a state consents to be bound to a treaty. This confirmation can be accomplished through the exchange of requisite instruments in bilateral treaties or by a depositary collecting ratifications from all states in multilateral treaties. Ratification is also applicable in private contract law, where it can arise when an agent attempts to bind the principal without the necessary authority, or when the principal authorizes the agent to make an agreement but retains the right to approve it.

In the United States, ratification of a law can occur through state ratifying conventions, which are one of two methods established by Article V of the US Constitution for ratifying proposed constitutional amendments. State ratifying conventions loosely approximate a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, allowing the sentiments of registered voters to be more directly considered on highly sensitive issues. The theory is that the delegates of the conventions, presumably average citizens, might be less likely to succumb to political pressure than state legislators.

The process of state ratifying conventions can vary. For example, in Vermont, the governor has 60 days to call for the election of delegates to the state ratifying convention, with the governor, lieutenant governor, and speaker of the Vermont State House nominating 28 candidates, two from each county. The governor then chooses a date for the convention's opening within 20 to 30 days after the election.

It is important to note that the United States Supreme Court has ruled that a popular referendum cannot substitute for the legislature or a ratifying convention, nor can it approve or disapprove of their decisions on an amendment. Additionally, the mode of ratification is determined by Congress, and a vote by the electorate is not applicable to the ratification of a constitutional amendment.

While the focus of this response is on the ratification process in the United States, it is worth mentioning that other countries, like Japan, have their own ratification procedures. In Japan, both houses of parliament must approve a treaty for ratification, and if there is a disagreement, a joint committee is formed to resolve it.

Frequently asked questions