(Y) Conventions may be called in the several States, and three-fourths of these conventions may ratify.[1]
On all the occasions on which the amending power has been exercised, method A has been employed for proposing and method X for ratifying—i.e. no drafting conventions of the whole Union or ratifying conventions in the several States have ever been summoned. The preference of the action of Congress and the State legislatures may be ascribed to the fact that it has never been desired to remodel the whole Constitution, but only to make changes or additions on special points. Moreover, the procedure by National and State conventions might be slower, and would involve controversy over the method of electing those bodies. The consent of the President is not required to a constitutional amendment.[2] A two-thirds majority in Congress can override his veto of a Bill, and at least that majority is needed to bring a constitutional amendment before the people.
There is only one provision of the Constitution which cannot be changed by this process. It is that which secures to each and every State equal representation in one branch of the legislature. "No State without its consent shall be deprived of its equal suffrage in the Senate" (Art. v.). It will be observed that this provision does not require unanimity on the part of the States to a change diminishing or extinguishing State representation in the Senate, but merely gives any particular State proposed to be affected an absolute veto on the proposal. If a State were to consent to surrender its rights, and three-fourths of the whole number to concur, the resistance of the remaining fourth would not prevent the amendment from taking effect.
Following President Lincoln, Americans speak of the Union as indestructible; and the expression, "An indestructible Union of indestructible States," has been used by the Supreme court in a famous case.[3] But looking at the constitution simply as a legal document, one finds nothing in it to prevent the adop-
- ↑ No time is fixed within which the ratification must take place, a somewhat inconvenient omission.
- ↑ The point was decided by the Supreme court in 1794 in the case of Hollingsworth v. State of Vermont (3 Dall. 378); and the Senate came to the same conclusion in 1865. See Jameson on Constitutional Conventions, § 560.
- ↑ Texas v. White, see ante, p. 322.
