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billroper ([personal profile] billroper) wrote2005-06-23 10:20 pm
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The Constitution and Hanging Amendments

[livejournal.com profile] drawshad asked about time limits on the amendment process. This excellent Constitution site includes a list of unratified amendments, at least four of which are still hanging.

For those who are keeping score and who don't feel like going to the website, the hanging amendments are:

The original First Amendment to the Bill of Rights which would have specified limits on the size of the House of Representatives.

Revocation of citizenship for those who accept titles of nobility from a foreign power.

An amendment that would prohibit amending the Constitution to allow Congress to abolish slavery (among other things).

An amendment that would allow banning child labor.
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madfilkentist: My cat Florestan (gray shorthair) (Default)

[personal profile] madfilkentist 2005-06-24 11:23 am (UTC)(link)
The Constitution itself prohibits certain kinds of amendments (for instance, all states must always be equally represented in the Senate). But can an amendment prohibit another amendment? If nothing else, the new amendment could begin by repealing the prohibitory amendment.

[identity profile] kevinnickerson.livejournal.com 2005-06-24 02:11 pm (UTC)(link)
It seems to say that a state must have equal representation *unless it agrees not to*. The other prohibitions expired in 1808.

As to an amendment prohibiting further amendments, the SCOTUS would end up deciding. I suspect they'd disallow it.
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[personal profile] billroper 2005-06-24 02:55 pm (UTC)(link)
I think that you could amend the Constitution to eliminate the amendment process, but I don't think the process used in that amendment would work.

It's interesting to note that the amendment in question was passed two days before Lincoln took office. The site says the "President" signed the amendment -- although that isn't required by law -- and I'm assuming that was President Buchanan, but I'm not sure.
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