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President Joe Biden, in his farewell address, called for an amendment “to make clear that no president, no president is immune from crimes that he or she commits while in office.”
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It is usually a long and complicated process, which is laid out in Article V of the Constitution. Here’s what it says:
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In plain English, that means first an amendment has to be proposed, either by super majorities in the House and Senate or by a convention called by two-thirds, or 34, of the state legislatures.
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(By the way, that note about no amendment being made until after 1808 has to do with the importation of enslaved people and taxes, a reminder that the values of the Founding Fathers were unquestionably flawed on the issue of freedom.)
Books have been written about the amendment process, and it’s important to note that it’s not at all clear how an Article V convention would go down. Aninteresting reportby the Congressional Research Service raises some of the questions. Who would be the delegates? Could they consider multiple amendments? Would each delegate get a vote or each state?
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It was revived, improbably, by a University of Texas student in the early 1980s,Gregory Watson, who was frustrated when he got a C on a paper he wrote about the languishing amendment. True story. Lawmakers, for the record, passed a law that automatically gives them cost of living bumps, but they have blocked those since 2009, as we all learned when their first potential pay raise in more than a decade helped derail a bipartisangovernment spending billlast week.
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Currently, more than half the states, 28, have some kind of call for a convention, according to the groupCommon Cause, which opposes a new convention.
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In the Progressive era, Americans gave women the right to vote, imposed the income tax and required senators to be elected by voters. But they also banned alcohol for 13 years, during Prohibition.
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