Could A State Pre-Approve A Constitutional Amendment ???

[WillyT]

Is there anyway a state proposition could be passed AHEAD of Congressional ratification of a proposed amendment, and have it ready 'on the shelf'?

Sort of the states giving a 'sense of the country' vote to let the congress know how they feel. Or even an individual state getting it over with ahead of time?

I'm doubtin this would pass muster, but I'd love to know why not.

:shrug:

[roguevalley]

1. I'm struggling with memory here -- remember the ERA? - but it

appears that for an amendment to be voted through, it has to be proposed by congress and then the clock starts ticking. I don't think one done before counts.

[WillyT]

2. That's Kind Of Where I Was Going With This...

If I remember correctly...

The congress had passed the ERA, and it went to the states. At first many states jumped on board. It began to take longer for each succeeding state to get onboard, and by the time it was two states from approval, the political landscape had changed.

States started looking for a way to back out of their earlier approval, and the congress was quite content to just let it die.

Just wondering if such a scenario is the likely outcome from now on in this polarized nation.

Also wondering if any DUers have the constitutional ins and outs on this matter.

:shrug:

[forgethell]

3. Also, what passed Congress

might differ substantially in wording from the one approved by the state, even in the intent and effect were the same.

Merry Christmas :-)

[WillyT]

4. Good Point !!!

Merry X-Mas to you!!!

:hi:

[Yupster]

5. Getting out the old Constitution to check

Looks like amendments can begin two ways.

1. "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose ..."

2. "the legislatures of 2/3rds of the several states shall call a convention to propose amendments..."

So, yeah, it looks like the proposal has to be voted on first by the congress unless you want to go the Constitutional Convention route.

Good question though. Sent me scampering for my documents.

[WillyT]

6. Hey Thanks !!!

:yourock: