If an amendment is proposed, it’s sent to states for their consideration via a letter of notification to each governor, who then formally submits the amendment to their state legislatures.
Constitutional amendments need to be ratified by three-fourths of the states, or 38 out of 50 states.
Merkley’s package also includes a bill that would establish a commission to develop proposals to let American citizens in Washington, Puerto Rico, and the territories of Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands vote in federal elections.
“There are roughly 4 million Americans living in the District of Columbia, Puerto Rico, and American territories who do not have representation. They should have the opportunity to have their voices heard in Congress,” Merkley said in a statement.
Push to Change Traditions
Merkley’s package of bills is part of a push by Democrats to change longstanding tradition in the wake of President Donald Trump being elected in 2016.That proposal, bandied about by most presidential candidates and former Obama administration Attorney General Eric Holder, would feature the next Democrat elected president adding seats and possibly term limits to the nation’s highest court.
The proposal gained steam after Trump was able to nominate two conservatives to open seats on the court. With the two oldest members of the court being liberals, it’s possible the president will get to fill at least one other seat, regardless of whether he wins re-election.
“Some will criticize such a decision and say that it was nothing more than an attempt to save a seat on the court in hopes that a Democrat will be permitted to fill it, but that would not be our intention,” Biden said at the time. “It would be our pragmatic conclusion that once the political season is underway, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over.”
Holder, like many Democratic leaders, left out Biden’s advice.
“Given the Merrick Garland situation, the question of legitimacy is one that I think we should talk about,” Holder said. “We should be talking even about expanding the number of people who serve on the Supreme Court, if there is a Democratic president and a Congress that would do that.”
Holder, who has decided not to run for president in 2020, said that if he were president, he would “seriously consider adding two seats to the Supreme Court to make up for Mitch McConnell‘s power-grabbing antics.”