You are on page 1of 1

Amendments may be proposed by

A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

The power to amend the Constitution or to propose amendments is not included in the
general grant of legislative powers to Congress. It is part of the inherent right of the
people. Congress may propose amendments to the Constitution because the Constitution
explicitly grants that power. Hence, when exercising that power, it is said that members of
Congress act not as members of Congress, but as component elements of a constituent

B. Constitutional Convention:
1) How a Constitutional Convention may be called:
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the
question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate
amendments and revisions is left to the discretion of Congress. In other words, it is a political
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution
has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the
details for the calling of such ConCon, Congress – exercising its ordinary legislative power –
may supply such details. But in so doing, Congress (as legislature) should not transgress the
resolution of Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for
their expenses. Money may be spent from the treasury only to pursuant to an appropriation made
by law.