Amending Or Rescinding Laws: A Complex Process

The legislative process is a crucial aspect of any democratic system, and it involves the creation and modification of laws to meet the needs of society. In the United States, the legislative process is centred around Congress, which consists of the Senate and the House of Representatives. This body plays a pivotal role in proposing and amending laws, including constitutional amendments. While the process of amending or rescinding a law is challenging, it is not impossible. For instance, the 18th Amendment, which prohibited the manufacture and sale of alcohol, was later repealed by the 21st Amendment in 1933. Similarly, the 27th Amendment, first proposed in 1789, was eventually ratified in 1992. These examples highlight the dynamic nature of legislation, where laws can be adapted or revoked to reflect changing societal values and needs.

Constitutional amendments are proposed by Congress with a two-thirds majority vote

The legislative process is a crucial aspect of the American democratic system, emphasising minority protection and allowing all sides to be heard. The US Constitution grants legislative powers to Congress, which consists of the Senate and the House of Representatives. The Senate plays a role in advising on treaties and nominations by the President, confirming the Vice-President, and sitting as a court for impeachments. The House of Representatives, on the other hand, presents charges in impeachment cases.

Constitutional amendments are a significant part of the legislative process. They can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This process falls under Article V of the Constitution. It's worth noting that the President doesn't have a constitutional role in this amendment process. Once an amendment is proposed, it is sent to the states for ratification.

The process of proposing and ratifying constitutional amendments is meticulous. The two-thirds vote in each house is calculated based on the members present, assuming a quorum, rather than the entire membership. After Congress proposes an amendment, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), oversees the ratification process. The Archivist works with the Director of the Federal Register, following established procedures and customs.

The proposed amendment is then submitted to the states for their consideration. Governors receive the proposal and submit it to their state legislatures or call for a convention, as specified by Congress. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). Once the required number of authenticated ratification documents is reached, the Director of the Federal Register acknowledges receipt and maintains custody.

In conclusion, while the legislative process in the United States involves multiple steps and considerations, the ability to propose and ratify constitutional amendments is a key aspect of this process. The two-thirds majority vote in both houses of Congress is a critical step in initiating amendments, which are then sent to the states for ratification. This process ensures that any changes to the Constitution reflect the will of a significant portion of the legislative body and a large majority of the states.

Amendments can also be proposed by a constitutional convention called for by two-thirds of state legislatures

The legislative process is a crucial aspect of the American democratic system, emphasising protection for minorities and allowing all sides to be heard and considered. The legislative process is primarily centred around the House of Representatives and the Senate, which together form the Congress of the United States. This bicameral system ensures that a proposal cannot become a law without the approval of both houses, fostering an environment of thorough discussion and deliberation.

While most laws originate in the House of Representatives, amendments to the Constitution can be proposed through two methods outlined in Article V of the Constitution. One method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The other method involves a constitutional convention called for by two-thirds of the state legislatures, or 34 of the 50 states. This second method has never been used to propose an amendment, and all 27 amendments to date have been proposed by Congress.

When an amendment is proposed by Congress, it takes the form of a joint resolution, which is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the amendment process, adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, the OFR assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, as well as copies in slip law format and other relevant materials.

Once the OFR completes its initial tasks, the proposed amendment is submitted to the states for their consideration. The Archivist of the United States, who heads NARA, sends a letter of notification to each state governor, along with the informational material prepared by the OFR. At this point, the governors formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications. It is important to note that some state legislatures have taken action on a proposed amendment before receiving official notification.

To become part of the Constitution, a proposed amendment must be ratified by three-fourths of the states (38 out of 50). When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is then conveyed to the Director of the Federal Register for examination and custody. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation. Once the required number of authenticated ratification documents is received, the Archivist certifies the amendment as valid, and it becomes part of the Constitution.

A proposal cannot become a law without consideration and approval by both Houses of Congress

The legislative process is a matter about which every person should be well informed to understand and appreciate the work of Congress. One of the most practical safeguards of the American democratic way of life is this legislative process, with its emphasis on the protection of the minority, allowing ample opportunity for all sides to be heard and make their views known.

The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president, who can approve the bill and sign it into law. The president can also refuse to approve a bill, which is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law.

In addition to the Representatives from each of the States, a Resident Commissioner from the Commonwealth of Puerto Rico and Delegates from the District of Columbia, American Samoa, Guam, and the Virgin Islands are elected pursuant to federal law. The Resident Commissioner, elected for a four-year term, and the Delegates, elected for two-year terms, have most of the prerogatives of Representatives, including the right to vote in the committee to which they are elected and the right to preside over the Committee of the Whole. However, they do not have the right to vote on matters before the House.

A motion to rescind is used for the same purpose as a motion to reconsider

In parliamentary procedure, a motion to reconsider is a means of revisiting a decision made by a governing body. It is a motion that originated in the United States and is generally not used in parliaments. The purpose of a motion to reconsider is to permit the correction of hasty, ill-advised, or erroneous actions, or to take into account added information or a changed situation that has developed since the vote was taken.

A motion to rescind is used to cancel, annul, or revoke a previously adopted motion. It can be raised by any member in subsequent meetings and follows the same rules to pass as a motion to amend. If a motion to rescind is adopted, the original decision is erased from the records.

A motion to reconsider and enter on the minutes is a special form of the motion to reconsider that automatically halts a passed motion from taking effect until it is called up at another meeting, which cannot be held on the same day. Its purpose is to delay a temporary majority from taking action on a measure until there is time to notify absent members.

Therefore, a motion to rescind is used for the same purpose as a motion to reconsider: to cancel or revoke a previously adopted motion. However, it is important to note that a motion to rescind is not specifically mentioned in Robert's Rules of Order, which outlines the procedures for motions in parliamentary procedure.

The motion to rescind is applied to actions that have been taken and are already in effect

A motion to rescind is one of the methods to review or reverse a prior action or decision. It is applied to decisions that have been adopted by the board at any previous meeting. It is used to nullify the prior action and is not subject to any specific time limits.

A motion to rescind can be introduced when no other business is pending. A member makes the motion to rescind, which is then seconded by another member. The chair then restates the motion and asks for a debate. During the debate, members can propose amendments, after which a vote is taken on rescinding the motion.

However, it is important to note that a motion to rescind cannot be applied if the original motion has been acted upon and the action cannot be undone. For example, if a contract has been signed or a person has been officially notified of their expulsion, a motion to rescind cannot be used to reverse that decision.

In contrast, a motion to reconsider is used to bring a matter back for further consideration or debate. It can be made on the same day or the next day of the original motion, or at the next business meeting, depending on the rules of the body. A motion to reconsider only requires a majority vote to pass, whereas a motion to rescind requires a two-thirds majority if pre-meeting notice was not given.

Frequently asked questions