Poll of the Day > Can the US still make amendments to the constitution today?

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FatalAccident
02/21/21 12:25:03 PM
#1:


Or is that no longer a thing?

also, Im looking at this page.. what does the time span of each ratified amendment mean? Some of them are like 2 years, some are 100 days, some are 202 years wtf? Whats the time span?

https://en.m.wikipedia.org/wiki/List_of_amendments_to_the_United_States_Constitution

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Mead
02/21/21 12:27:16 PM
#2:


It technically can but because of the way the system is set up its pretty much an impossibility going forward

our entire constitution needs to be rewritten for modern day

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FatalAccident
02/21/21 12:28:39 PM
#3:


Mead posted...
technically can but because of the way the system is set up its pretty much an impossibility going forward
How come? So say for example if they wanted to restrict gun use (and everybody agreed it was a good idea) by making an amendment to the constitution what would stop them?

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Judgmenl
02/21/21 12:28:47 PM
#4:


Yes, but you need a 2/3 Majority in the house and senate, which is incredibly unlikely.
Not to mention, it needs to be ratified by 3/4 of states, which is even less likely than a 2/3 Majority in congress.

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Clench281
02/21/21 12:29:07 PM
#5:


Time span between when congress passes the proposed amendment, until the requisite 3/4 of states ratify it. Basically it's a two step process; first pass congress, then be approved by enough states.

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argonautweakend
02/21/21 12:29:26 PM
#6:


Of course they can, as that was one of the purposes of the document in the first place. However, it is hard to do, and this happens very rarely in the modern day. Any of one of the bill of rights could be scrapped tomorrow, but it's just unlikely it would ever happen with all the votes and such that need to occur in order to make it happen.

As far as the time span it means when the idea was first proposed and then completed. As for why the most recent amendment took over 200 years to be completed, I don't know exactly why that was.

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FatalAccident
02/21/21 12:29:41 PM
#7:


Also off-topic about American citizenship.. if my pregnant wife/gf and I go on holiday to America and she happens to just give birth whilst were there does that make the kid an American citizen? Even though neither parent has any real connection to the US?

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Mead
02/21/21 12:31:08 PM
#8:


FatalAccident posted...
How come? So say for example if they wanted to restrict gun use (and everybody agreed it was a good idea) by making an amendment to the constitution what would stop them?

3/4 of the states would have to agree on adding an amendment

and I cant think of anything that could be proposed that 3/4 of states would agree on

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Judgmenl
02/21/21 12:32:03 PM
#9:


FatalAccident posted...
How come? So say for example if they wanted to restrict gun use (and everybody agreed it was a good idea) by making an amendment to the constitution what would stop them?
Ratification by the states.

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Hospy
02/21/21 12:32:15 PM
#10:


FatalAccident posted...
Also off-topic about American citizenship.. if my pregnant wife/gf and I go on holiday to America and she happens to just give birth whilst were there does that make the kid an American citizen? Even though neither parent has any real connection to the US?

Yep. Which is why birth tourism is a thing here.
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Mead
02/21/21 12:32:19 PM
#11:


FatalAccident posted...
Also off-topic about American citizenship.. if my pregnant wife/gf and I go on holiday to America and she happens to just give birth whilst were there does that make the kid an American citizen? Even though neither parent has any real connection to the US?

Under US law yes, if you are born on US soil then you are considered a citizen. The law is controversial though and some people want to change it.

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FatalAccident
02/21/21 12:36:28 PM
#12:


Ok so could I choose to not let my baby have American citizenship? Like could I insist nah were just here on holiday we wanna keep our British citizenship for our kid by birth? Or does America have like a legal claim to my babys citizenship and they would insist that the baby is American in the eyes of the law?

this is all wildly hypothetical shit btw in case it wasnt obvious

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Hospy
02/21/21 12:37:35 PM
#13:


Yeah you can give it up.
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Judgmenl
02/21/21 12:38:03 PM
#14:


FatalAccident posted...
Ok so could I choose to not let my baby have American citizenship? Like could I insist nah were just here on holiday we wanna keep our British citizenship for our kid by birth? Or does America have like a legal claim to my babys citizenship and they would insist that the baby is American in the eyes of the law?

this is all wildly hypothetical shit btw in case it wasnt obvious
You can have dual-citizenship.

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FatalAccident
02/21/21 12:39:25 PM
#15:


argonautweakend posted...
As far as the time span it means when the idea was first proposed and then completed. As for why the most recent amendment took over 200 years to be completed, I don't know exactly why that was.
Yeah seems like a pretty mundane one to me, basically saying politicians cant give themselves a raise during their time serving? Lol

wonder why it took 200 years

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FatalAccident
02/21/21 12:41:34 PM
#16:


Judgmenl posted...
You can have dual-citizenship.
I know that but what if I dont want my kid being an American citizen (I know the obvious one is dont fly to the US 2 days before your baby due).

But there are some countries that dont allow dual citizenship. But my real question is if I didnt want American citizenship for the kid for whatever reason (I wanted it British with no other citizenship, or I came from another country that doesnt allow dual citizenship etc) does American law override all of that?

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Clench281
02/21/21 1:01:23 PM
#17:


FatalAccident posted...
I know that but what if I dont want my kid being an American citizen (I know the obvious one is dont fly to the US 2 days before your baby due).

But there are some countries that dont allow dual citizenship. But my real question is if I didnt want American citizenship for the kid for whatever reason (I wanted it British with no other citizenship, or I came from another country that doesnt allow dual citizenship etc) does American law override all of that?

Pretty sure that at least in the USA it's not up to the parents whether the child retains citizenship. Nor should it be the parents' decision.

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Blightzkrieg
02/21/21 1:05:49 PM
#18:


well yes, but actually no

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Hospy
02/21/21 1:19:37 PM
#19:


Clench281 posted...
Pretty sure that at least in the USA it's not up to the parents whether the child retains citizenship. Nor should it be the parents' decision.

No, the parents can give up their childs citizenship. I have a cousin who contracted a surrogate to have a baby here and they gave up the babys citizenship.
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faramir77
02/21/21 1:27:17 PM
#20:


I'll never understand constitution worship in the USA. Canada rewrote their constitution in the 1980s. The old one was only 115 years old at that time but there was already a clear understanding that it needed to be redone.

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Clench281
02/21/21 1:28:56 PM
#21:


Hospy posted...
No, the parents can give up their childs citizenship. I have a cousin who contracted a surrogate to have a baby here and they gave up the babys citizenship.

Really?

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Renunciation-US-Nationality-Abroad.html

Citizenship is a status that is personal to the U.S. citizen. Therefore parents may not renounce the citizenship of their minor children. Similarly, parents/legal guardians may not renounce the citizenship of individuals who lack sufficient capacity to do so. Minors seeking to renounce their U.S. citizenship must demonstrate to a consular officer that they are acting voluntarily, without undue influence from parent(s), and that they fully understand the implications/consequences attendant to the renunciation of U.S. citizenship. Children under 16 are presumed not to have the requisite maturity and knowing intent to relinquish citizenship; children under 18 are provided additional safeguards during the renunciation process, and their cases are afforded very careful consideration by post and the Department to assess their voluntariness and informed intent. Unless there are emergent circumstances, minors may wish to wait until age 18 to renounce citizenship.


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FatalAccident
02/21/21 1:30:11 PM
#22:


Hospy posted...
No, the parents can give up their childs citizenship. I have a cousin who contracted a surrogate to have a baby here and they gave up the babys citizenship.
Gave up as in took away American citizenship?

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Firewerx
02/21/21 1:38:44 PM
#23:


Judgmenl posted...
You can have dual-citizenship.
How does dual citizenship work if you're doing compulsory military service in another country, and then suddenly there's an armed clash between the US and that other country? Would you lose your US citizenship permanently if military action was brief but hostilities did not formally end in a legal sense?

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Hospy
02/21/21 1:43:59 PM
#24:


Clench281 posted...
Really?

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Renunciation-US-Nationality-Abroad.html

Citizenship is a status that is personal to the U.S. citizen. Therefore parents may not renounce the citizenship of their minor children. Similarly, parents/legal guardians may not renounce the citizenship of individuals who lack sufficient capacity to do so. Minors seeking to renounce their U.S. citizenship must demonstrate to a consular officer that they are acting voluntarily, without undue influence from parent(s), and that they fully understand the implications/consequences attendant to the renunciation of U.S. citizenship. Children under 16 are presumed not to have the requisite maturity and knowing intent to relinquish citizenship; children under 18 are provided additional safeguards during the renunciation process, and their cases are afforded very careful consideration by post and the Department to assess their voluntariness and informed intent. Unless there are emergent circumstances, minors may wish to wait until age 18 to renounce citizenship.

I stand corrected then, either I heard my cousin incorrectly or surrogacy is handled differently.
FatalAccident posted...
Gave up as in took away American citizenship?

I believe the implication was he gave up the babys US citizenship but the post above states otherwise
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Zeus
02/21/21 1:46:24 PM
#25:


FatalAccident posted...
Also off-topic about American citizenship.. if my pregnant wife/gf and I go on holiday to America and she happens to just give birth whilst were there does that make the kid an American citizen? Even though neither parent has any real connection to the US?

Yes, because the US is one of the only nations on the planet to recognize birthright citizenship. Early in the US's history, the policy made a lot of sense, but it's kinda ridiculous today.

FatalAccident posted...
Ok so could I choose to not let my baby have American citizenship?

Yes, you can relinquish citizenship. The US isn't China.

FatalAccident posted...
Like could I insist nah were just here on holiday we wanna keep our British citizenship for our kid by birth?

lolwut? You're going to have your native citizenship regardless, unless your nation has some law where it doesn't grant citizenship to children born abroad. And, in theory, your child would have dual citizenship if you don't relinquish it, at least up until a certain age when he might have to choose one nation.

faramir77 posted...
I'll never understand constitution worship in the USA. Canada rewrote their constitution in the 1980s. The old one was only 115 years old at that time but there was already a clear understanding that it needed to be redone.

Because it's pretty common fucking sense that founding documents need some permanency. Not to mention any changes today would likely be a partisan shit-show where the only way they'd get done is if one side had a super-majority. More importantly, the US's last amendment was in 1992, so it's not like changes haven't happened, considering that we've had 27 amendments.

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Wander_Nomaddd
02/21/21 1:59:06 PM
#26:


It is, but it essentially has to be something that is almost unanimously wanted.

Also the 27th amendment was originally not ratified with the 1st 10 amendments but then in the 80s some college student wrote a paper on it claiming it could still be ratified and brought attention to it and eventually it did. That's why the time span is 202 years.

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faramir77
02/21/21 2:00:58 PM
#27:


Zeus posted...
Because it's pretty common fucking sense that founding documents need some permanency. Not to mention any changes today would likely be a partisan shit-show where the only way they'd get done is if one side had a super-majority. More importantly, the US's last amendment was in 1992, so it's not like changes haven't happened, considering that we've had 27 amendments.

That isn't "common fucking sense" at all, that's closer to nonsense than anything.

The world is not even remotely close to being the way it was in the 1700s. Nations rewrite their constitutions all the time for this exact reason.

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jsb0714
02/21/21 2:13:08 PM
#28:


Mead posted...
It technically can but because of the way the system is set up its pretty much an impossibility going forward

our entire constitution needs to be rewritten for modern day
Any constitution written today would be an ungodly piece of shit.
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Zeus
02/21/21 2:14:56 PM
#29:


faramir77 posted...
That isn't "common fucking sense" at all, that's closer to nonsense than anything.

The world is not even remotely close to being the way it was in the 1700s. Nations rewrite their constitutions all the time for this exact reason.

What's nonsense is constantly re-writing founding documents. At that point, you might as well not even fucking have them. Founding documents are supposed to provide a bedrock for your government and add permanency. Your constitution is perhaps the biggest thing restricting government, which is why authoritarian-leaning countries hate the idea so much since they're not able to just do whatever they please.

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faramir77
02/21/21 2:22:43 PM
#30:


Zeus posted...
Your constitution is perhaps the biggest thing restricting government,

The US constitution is doing an abysmal job of that.

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Krazy_Kirby
02/21/21 2:44:57 PM
#31:


FatalAccident posted...
Also off-topic about American citizenship.. if my pregnant wife/gf and I go on holiday to America and she happens to just give birth whilst were there does that make the kid an American citizen? Even though neither parent has any real connection to the US?


yes, which is stupid, and gets taken advantage of all the time
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darkknight109
02/21/21 2:46:40 PM
#32:


Theoretically? Yes. Practically? No.

Zeus posted...
Because it's pretty common fucking sense that founding documents need some permanency.
The original US constitution allowed slavery and restricted the vote to white men.

That the sort of permanency you're looking for?

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Krazy_Kirby
02/21/21 2:47:54 PM
#33:


FatalAccident posted...

How come? So say for example if they wanted to restrict gun use (and everybody agreed it was a good idea) by making an amendment to the constitution what would stop them?


thankfully not enough states would ever agree to that crap
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Mead
02/21/21 2:54:47 PM
#34:


jsb0714 posted...
Any constitution written today would be an ungodly piece of shit.

Based on what evidence?

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Hospy
02/21/21 2:59:27 PM
#35:


darkknight109 posted...
Theoretically? Yes. Practically? No.

The original US constitution allowed slavery and restricted the vote to white men.

That the sort of permanency you're looking for?
And it was amended by the process that it allows, is that not a point in its favor?
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Blightzkrieg
02/21/21 3:07:21 PM
#36:


Mead posted...
Based on what evidence?
SJWs would throw in some kind of "white people count as 3/5 of black people" clause.

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Clench281
02/21/21 3:23:27 PM
#37:


Zeus posted...


Yes, you can relinquish citizenship. The US isn't China.

As already discussed, no, as a parent you can't renounce your child's citizenship.

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Lokarin
02/21/21 3:24:40 PM
#38:


didn't Jefferson or something say that the constitution should be thrown out and rewritten every 20 years or so?

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kukukupo
02/21/21 3:29:03 PM
#39:


Mead posted...
It technically can but because of the way the system is set up its pretty much an impossibility going forward

our entire constitution needs to be rewritten for modern day

disagree 100%. Our constitution is fine. If a new amendment is needed it will happen.
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Mead
02/21/21 4:02:09 PM
#40:


Blightzkrieg posted...
SJWs would throw in some kind of "white people count as 3/5 of black people" clause.

but we could also write in something to help gamers, the truly oppressed class

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Mead
02/21/21 4:03:58 PM
#41:


kukukupo posted...
disagree 100%. Our constitution is fine. If a new amendment is needed it will happen.

Youre free to disagree but youre very obviously wrong on both counts

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Zareth
02/21/21 4:10:11 PM
#42:


Mead posted...
Under US law yes, if you are born on US soil then you are considered a citizen. The law is controversial though and some people want to change it.
Yeah, it's also especially dumb that the children of US citizens born in foreign countries are still considered US citizens.

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Krazy_Kirby
02/21/21 4:21:27 PM
#43:


Zareth posted...

Yeah, it's also especially dumb that the children of US citizens born in foreign countries are still considered US citizens.


no it isn't, because their parents are citizens
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ReturnOfFa
02/21/21 4:28:56 PM
#44:


Liberals are going to change the constitution to force everyone into gay sexy gulags!!!

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Mead
02/21/21 4:29:33 PM
#45:


Zareth posted...
Yeah, it's also especially dumb that the children of US citizens born in foreign countries are still considered US citizens.

why is that dumb?

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Fam_Fam
02/21/21 4:35:00 PM
#46:


Mead posted...
why is that dumb?

why does where you dropped out of your mother affect if you should be a citizen or not? What if your mother taking taking a vacation into / out of the US at the particular moment you were ready to eject? Why should that be a life-changing event for you?
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