Talk:Entrenchment clause
From Wikipedia, the free encyclopedia
[edit] U.S. Senate
- "The other clause, still in effect, states that 'no State, without its Consent, shall be deprived of its equal suffrage in the Senate'. This has been interpreted to require unanimous ratification of any amendment altering the composition of the United States Senate."
Is this right? That clause looks to me as if it would permit the following (admittedly unlikely) example: An amendment is proposed to remove Wyoming's right to send one of its senators to Washington. The requisite 38 states ratify, one of which is Wyoming. The state being deprived of its equal suffrage in the Senate has thus given its consent, the composition of the Senate has been altered by a constitutional amendment, but the ratification was not unanimous. And as far as I can see, it doesn't need to be in such a case. I've added a "citation needed" note to that passage because I'd like to know who exactly has interpreted the clause to require unanimous ratification, and if there is significant dissent from that interpretation. 86.136.1.31 23:16, 31 March 2006 (UTC)
- Your example sounds completely accurate. I think as long as at least 3/4, including the state(s) involved, ratify such a change, it would be legitimate. Though both Wyoming consenting to this, and other states continuing to vote against it with Wyoming's consent, do seem quite unlikely! :-) --Xyzzyva 11:15, 15 October 2006 (UTC)
I think the statement that the Supremacy Clause of the U.S. Constitution is an entrenchment clause is in error; the statement "...any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" should probably be read "any thing in the constitution of any state or the laws of any state notwithstanding"--rather than a statement that no future amendment to the U.S. Constitution may change the supremacy clause. 139.76.128.71 01:19, 2 February 2007 (UTC)
[edit] UN Security Council
Could this provision be considered an entrenched clause[1]:
- Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.
Any attempt to eliminate the Permanent Five veto is, itself, subject to the P-5 veto; therefore, all attempts to remove it have been unsuccessful. Captain Zyrain 00:02, 9 October 2007 (UTC)
