Amending the Constitution

Let's Not Repeal It,  Let's Rescind It

The states have the power to amend the Constitution by adding to it or subtracting from it.

When two thirds of the members of both the Senate and the House vote to change the Constitution they have the authority to submit those changes to the states for their consideration.

If three fourths of the states vote in favor of the ratification of a proposed amendment it is added to the Constitution.

There are two ways to delete previously ratified amendments. The 18th amendment was repealed with the ratification of the 21st amendment. This required the approval of two thirds of the members of Congress plus the approval of three fourths of the states.

After a state has voted for or against the ratification of an amendment they have a right to change their vote, In 1913, Delaware voted against the ratification of the 17th amendment and 97 years later in 2010 the legislature of Delaware voted to change their vote to the affirmative,

According to the 10th amendment any power not granted to the United States in the Constitution, nor prohibited to the states are reserved to the states and to the people, The right  of a state to rescind a previous ratification vote is not prohibited in the Constitution and is therefore a power reserved to the states and the people. 

There are currently 41 states that have ratified the 17th amendment and if 6 states were to rescind their previous ratification vote, the number of states to ratify the amendment would be just 35, which would be one less than the number required for a lawful amendment to remain on the books.

In order to insure that the Constitution would be ratified by the states, in Article V it mandates that the states shall not be deprived of their equal suffrage in the senate without their consent.

The 41 states that have ratificed the 17th amendment have given their consent, but there are 7 states that have not, According to the provisions in Article V, only the 41 states that have voluntarily given up their reprsentation in the senate are subject to the 17th amendment.

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