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My understanding is that constitutional amendments also take a high bar to pass with 2/3 of states agreeing to the proposal and 3/4 ratifying. Given the issues getting even more basic things through the Senate/House I could definitely see this getting blocked by red states.
Two routes to amend the Constitution.
- Both houses of Congress pass a proposed amendment by a 2/3 majority. Then 3/4 of states ratify that amendment in their state legislatures. This is how every amendment to date has occurred.
- 2/3 of state legislatures call for a Constitutional Congress, during which any number of changes may be made, but any changes must be agreed to by 3/4 of the states. Congress gets no say in this process. Congress getting no say in this process is the point - it exists so that if there’s an issue with the Constitution that Congress is unable or unwilling to resolve (for example if Congressional power needs to be curtailed in some fashion), it can be fixed despite them.
Note the key thing here: Republicans have been pushing hard at the state level for decades, and 2 is why. If ever 38 state legislatures are red, they can more or less arbitrarily rewrite the Constitution to their will regardless of what the remaining states or anything at the federal level has to say about it.
Department Of Guzzling Ejaculate? Explains why they’ve got Big Balls working there. Somebody’s got to be the supply side.