http://www.washingtonpost.com/wp-dyn/articles/A16779-2004Sep12.htmlAs senators, Kerry (Mass.), Edwards (N.C.) and Daschle (S.D.) have voted against the amendment and are described by colleagues as still opposed to it. But Kerry and Edwards, who rarely leave the campaign trail for Senate votes, are not expected to show up for the flag debate unless it appears their votes would be decisive.
As it appears now, the vote could be close enough to focus attention on Kerry and Edwards if they do not suspend campaigning to return for the roll call or if they do return and their votes turn out to be critical in defeating the amendment. Similarly, if Daschle turns out to cast the make-or-break vote, Republicans will almost certainly use it against him in his close race for reelection in South Dakota.
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When it was considered in 2000 (another presidential election year), the amendment got 63 votes, four short of the 67 needed when all 100 senators are present. Based on statements and previous votes, both sides count 64 senators in support of the amendment this year.
Without Kerry and Edwards, the number required for approval would drop to 66, or even lower if other senators also were absent. The reason is that two-thirds of the senators present and voting are required to amend the Constitution, rather than two-thirds of the full membership of 100. Kerry and Edwards could come under heavy pressure to return if it appears that the amendment might pass in their absence.
The House has already approved the amendment. If the Senate follows suit, the proposal will go to the 50 states for ratification. Approval by three-fourths of the states, usually by legislative action, is required to amend the Constitution.