Article V of the Constitution of the United States provides that amendments to the Constitution must either originate in a constitutional convention or by two-thirds of both Houses of the Congress. The amendment becomes part of the Constitution when ratified by three-quarters of the states. George Bush and his administration have amended the Constitution without the help of the Congress or any of the states.
Under the old Constitution, Article I, Section 8, the Congress had the power "To make rules for the government and regulation of the land and naval forces." The old Constitution authorized the Congress "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof." Article II, Section 3 of the old Constitution required the president to "take care that the laws be faithfully executed." Since 1803 it has been established that it is the Supreme Court which decides if a law passed by the Congress is constitutional.
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