1. Robert_S
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    Robert_S Contributing Member

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    Constitutional law and amendments

    Discussion in 'Research' started by Robert_S, Jun 19, 2014.

    Can an amendment to the constitution change a base article? Article V of the constitution says if 2/3 of the states agree, a convention is called up and if 3/4 of the states agree to a proposal, it will pass and become an amendment.

    Is it possible for an amendment to change these parameters?
     
  2. thirdwind
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    thirdwind Contributing Member Contest Administrator Reviewer Contributor

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    I'm fairly sure there's only one provision that can't be amended ("no State, without its Consent, shall be deprived of its equal Suffrage in the Senate"). So I would say yes, it's possible to do what you're asking, but there might be other unamendable provisions I'm not aware of.
     
  3. chicagoliz
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    chicagoliz Contributing Member Contributor

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    I don't see why not. Other amendments have changed parts of the constitution (such as the direct election of senators, among others).
     
  4. EdFromNY
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    EdFromNY Hope to improve with age Supporter Contributor

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    By definition, an Amendment to the Constitution is a change to the original document. Theoretically, any provision can be amended, except, as @thirdwind noted, as provided in the article addressing Amendments. However, even this could be altered if Article V itself was amended, or if a convention decided, instead of amending the current Constitution, to draft a completely new one. This is one reason why there has rarely been any serious discussion of amending the Constitution via convention.
     
    Last edited: Jun 19, 2014

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