Article V: The Amendment Process

Constitutional text excerpts, statutory breakdowns, and comprehensive legal analysis.

Article

Executive Constitutional Summary

Article V establishes the constitutional process for changing the U.S. Constitution. It creates two alternative methods for proposing amendments and two alternative methods for ratifying them. An amendment may be proposed by a two-thirds vote of both the House of Representatives and the Senate, or Congress must call a convention for proposing amendments when the legislatures of two-thirds of the states apply for one. After proposal, the amendment must be ratified by three-fourths of the states through the ratification method selected by Congress: state legislatures or state conventions. With 50 states, two-thirds means 34 state legislatures for the convention-application threshold, while three-fourths means 38 states for ratification. Article V also contains an important protection for equal state representation in the Senate.

Constitutional Text Excerpt

"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

This page displays official constitutional text excerpts and annotations. Consult the official Constitution sources below for the archival records.

Simplified Explanation & Constitutional Framework

Article V makes the Constitution deliberately harder to change than an ordinary federal statute. Its purpose is to provide a formal mechanism for constitutional change while requiring broad national and state agreement. The amendment process has separate proposal and ratification stages, and an amendment does not become part of the Constitution merely because Congress proposes it. It must also receive the constitutionally required state ratification. Congress has discretion to determine which of the two ratification modes will be used for a particular proposed amendment. The President does not have a constitutional role in approving or vetoing a proposed amendment. Of the 27 amendments currently in the Constitution, none has been proposed through an Article V convention called after applications from two-thirds of the states; every amendment adopted so far was proposed by Congress. Article V originally contained two temporary restrictions on amendment before 1808, while its protection against depriving a state of equal suffrage in the Senate without that state's consent continues.

Core Constitutional Principles

Constitutional Change Requires a Special Process

Article V establishes a procedure that is more demanding than the ordinary legislative process. A constitutional amendment requires both proposal and ratification under the specific supermajority rules stated in Article V.

Two Ways to Propose an Amendment

Congress may propose an amendment when two-thirds of both Houses agree, or Congress must call a convention for proposing amendments when the legislatures of two-thirds of the states apply for one.

Two Ways to Ratify an Amendment

Congress chooses whether the states will ratify a proposed amendment through state legislatures or through state ratifying conventions.

Broad State Agreement Is Required

Ratification requires approval from three-fourths of the states. With 50 states in the Union, this currently requires 38 states.

Congress Chooses the Ratification Mode

Article V gives Congress the authority to select whether a proposed amendment will be submitted to state legislatures or state conventions for ratification.

The President Has No Constitutional Veto Role

The Constitution does not provide the President with a role in approving or vetoing constitutional amendments proposed by Congress. Congress proposes amendments by joint resolution, which does not go to the President for signature.

Equal State Suffrage in the Senate Is Protected

Article V expressly provides that no state may, without its consent, be deprived of its equal suffrage in the Senate.

Dual-Stage Constitutional Amendment Architecture

The Article V process has two separate stages: proposal and ratification. An amendment must successfully complete both stages before it becomes part of the Constitution.

Stage 1

Proposal Stage

An amendment can be proposed in either of two ways. First, two-thirds of the members voting in both the House and Senate must approve the proposal through the congressional process. Second, the legislatures of two-thirds of the states may apply for a convention for proposing amendments, in which case Congress must call the convention.

Stage 2

Ratification Stage

After an amendment is proposed, Congress determines whether ratification will occur through state legislatures or through state ratifying conventions. Three-fourths of the states must approve the proposed amendment under the selected method.

Completion

Constitutional Validity

Once the constitutional ratification requirement is satisfied, the amendment becomes part of the Constitution according to the terms of Article V. Presidential approval is not an additional constitutional requirement.

Current 50-State Supermajority Thresholds

Total States in Union

50

50 State Legislatures

2/3 Threshold (Convention Trigger)

34

34 States Required

3/4 Threshold (Ratification)

38

38 States Required

Mathematical Precision & Rounding Rule:

For 50 states, two-thirds equals 33.333..., so the required whole number is 34 states. Three-fourths equals 37.5, so the required whole number is 38 states.

Note: These state thresholds depend on the number of states in the Union. The current figures are 34 states for two-thirds and 38 states for three-fourths because the United States currently has 50 states.

Article V Proposal Pathways

Congressional Proposal

Two-thirds of both the House of Representatives and the Senate

Congress may propose an amendment whenever two-thirds of both Houses deem it necessary. In practice, Congress uses a joint resolution to propose the amendment.

Current 50-State Metric: The two-thirds requirement applies separately to each chamber of Congress and is not calculated from the number of states.

Convention for Proposing Amendments

Applications from the legislatures of two-thirds of the states

If the legislatures of two-thirds of the states apply for a convention for proposing amendments, Congress is directed to call that convention.

Current 50-State Metric: With 50 states, two-thirds requires applications from 34 state legislatures.

Historical Status: No constitutional amendment has been proposed through a convention called under this Article V procedure. All 27 amendments currently in the Constitution were proposed by Congress.

Open Constitutional Debate: The Constitution provides for a convention for proposing amendments but does not expressly specify every procedural detail governing how such a convention would operate. Questions about applications, subject matter, aggregation of applications, convention procedures, and the scope of a convention have therefore generated substantial constitutional debate.

Article V Ratification Pathways

State Legislatures

Three-fourths of the states

Congress may direct that a proposed amendment be ratified by the legislatures of three-fourths of the states.

50-State Threshold: With 50 states, three-fourths requires ratification by 38 state legislatures.

State Ratifying Conventions

Three-fourths of the states

Congress may instead direct that a proposed amendment be ratified by conventions in three-fourths of the states.

50-State Threshold: With 50 states, this requires approval by conventions in 38 states.

Historical Precedent: Congress has used the convention ratification method only once: for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

Constitutional Rules Governing State Ratification

Congressional Discretion:

Congress chooses whether the states will ratify through their legislatures or through state conventions.

State Legislature Path:

When this method is selected, the relevant state legislature considers the proposed amendment under the applicable state and federal constitutional framework.

State Convention Path:

When this method is selected, each state uses a ratifying convention rather than its ordinary legislature to decide whether to ratify.

No National Referendum:

Article V does not provide for a single nationwide popular referendum to ratify a constitutional amendment. Ratification occurs at the state level through the constitutionally specified mechanism.

No Individual State Veto:

A proposed amendment does not require unanimous state approval. The ordinary threshold is three-fourths of the states, although the equal-suffrage protection creates a specific consent requirement for the protected Senate-representation subject.

Institutional Roles in Constitutional Amendments

Role of Congress

Proposal: Congress can directly propose an amendment when the two-thirds threshold is satisfied in both chambers.
Convention Duty: If the legislatures of two-thirds of the states apply for a convention for proposing amendments, Congress is constitutionally directed to call the convention.
Ratification Mode: Congress determines whether a proposed amendment will be submitted to state legislatures or state ratifying conventions.
Deadlines: Congress has sometimes included a ratification deadline in the proposing resolution. Constitutional litigation and historical practice have addressed the relationship between congressional ratification deadlines and Article V.
No Presidential Veto: The President has no constitutional veto power over a proposed constitutional amendment. The Article V process does not require presidential signature or approval.

Role of the States

Convention Petitions: State legislatures participate in the Article V proposal process when they apply for a convention for proposing amendments. They do not directly propose constitutional text in the same way Congress does under the congressional proposal route.
Decisive Ratification: States play the decisive role in the ratification stage. A proposed amendment becomes part of the Constitution only after the required three-fourths of the states ratify it through the method Congress selected.
State Conventions: A state ratifying convention is a convention established for the specific purpose of deciding whether to approve a proposed amendment. It is distinct from the convention for proposing amendments contemplated by the alternative proposal route.
Equal Representation: Each state is constitutionally protected against being deprived of equal suffrage in the Senate without its own consent.

Role of the President

No Constitutional Role: Article V does not assign the President a role in proposing, approving, vetoing, or ratifying constitutional amendments.
Joint Resolution: When Congress proposes an amendment, it does so through a joint resolution. The resolution does not become an ordinary bill requiring presidential signature or subject to a presidential veto.
Ceremonial Only: Presidents have sometimes performed ministerial or ceremonial functions associated with transmitting or acknowledging proposed amendments, but Article V does not make presidential approval a constitutional prerequisite.

Article V Convention for Proposing Amendments

The Constitution provides a second proposal mechanism in which the legislatures of two-thirds of the states apply for a convention for proposing amendments and Congress calls the convention.

What the Text Establishes:

The constitutional text establishes the basic trigger and requires Congress to call the convention, but it does not provide a detailed procedural code for the convention.

Historical Fact:

No amendment currently in the Constitution was proposed through this convention route. All 27 amendments were proposed by Congress.

Crucial Distinction:

A convention for proposing amendments is different from a state ratifying convention. The former concerns the proposal stage; the latter is one of the two possible methods for state ratification.

Unresolved Constitutional Questions:

Because the convention route has never actually been used to propose an amendment, important procedural questions remain subject to constitutional interpretation, including issues concerning how state applications are counted, whether applications must concern the same subject, and how convention procedures would be organized.

Constitutional Entrenchment & Senate Equal Suffrage

Expired Restrictions (1808)

Historical 1808 Sunset Clauses

Article V originally contained two temporary restrictions on amendments before 1808. One protected the constitutional provision concerning the importation or migration of persons that Congress could not prohibit before 1808, and the other protected the original rule concerning certain direct taxes in Article I, Section 9.

Status: The special 1808 restrictions expired by their own terms. They no longer prevent amendments on those subjects.

Perpetual Entrenchment

Equal State Suffrage in the Senate

The continuing protection in Article V provides that no state may, without its consent, be deprived of its equal suffrage in the Senate.

Practical Impact: The Senate-equality protection is different from the expired 1808 restrictions. The Constitution continues to expressly protect equal state suffrage in the Senate without the affected state’s consent.

Constitutional Ratification Track Record (27 Amendments)

Adopted

27

Amendments

By Congress

27

Proposals

By Convention

0

Proposals

By Legislatures

26

Ratifications

Conventions Used

1

(21st Amend.)

All 27 amendments currently in the Constitution were proposed by Congress. Twenty-six were ratified through state legislatures, while the Twenty-First Amendment was ratified through state conventions.

Twenty-First Amendment (1933): The Twenty-First Amendment, ratified in 1933, used state conventions to repeal the Eighteenth Amendment and end constitutional Prohibition.

Twenty-Seventh Amendment (1789/1992): The Twenty-Seventh Amendment, concerning congressional compensation, was the most recently ratified amendment. It was proposed as part of the original group of amendments sent to the states in 1789 but was not ratified until 1992.

Article V Amendment vs. Ordinary Federal Statute

Constitutional Feature	Legal Standard & Requirements
Ordinary Federal Law	Generally requires passage through both Houses of Congress and presidential presentment under Article I, and can ordinarily be changed or repealed through later legislation.
Constitutional Amendment	Requires the special proposal and ratification procedures of Article V and becomes part of the Constitution rather than merely an ordinary federal statute.
State Participation	Ordinary federal legislation does not require approval by three-fourths of the states, whereas Article V generally requires ratification by 38 states under the current 50-state Union.
Presidential Role	The President has a constitutional role in the ordinary federal legislative process but no Article V veto or approval role for constitutional amendments.

Essential Constitutional Terminology

Constitutional Term	Legal Definition & Application
Proposal	The stage at which an amendment is formally put forward through one of Article V’s two proposal mechanisms.
Ratification	The state-level approval required after proposal. Three-fourths of the states must ratify under the method Congress selects.
Article V Convention	The convention for proposing amendments that Congress must call when legislatures of two-thirds of the states apply for one.
Ratifying Convention	A state convention used to approve or reject a proposed amendment when Congress selects conventions as the ratification method.
Two-Thirds	The supermajority threshold used in Article V for congressional proposal in each chamber and for state applications for a convention.
Three-Fourths	The supermajority of states required to ratify a proposed amendment.
Joint Resolution	The legislative vehicle Congress uses to propose a constitutional amendment. An Article V joint resolution is not presented to the President for signature.
Equal Suffrage in the Senate	The constitutional principle that each state has equal representation in the Senate and cannot be deprived of that equal suffrage through an amendment without its consent.

Why Article V Matters Today

Article V is the Constitution’s mechanism for adapting the document to changing circumstances without allowing ordinary political majorities to alter foundational constitutional rules too easily. The process deliberately requires agreement across multiple institutions and levels of government. Congress can initiate an amendment through a two-thirds vote in both chambers, while the states have a separate convention-application route that has never yet been used to propose an amendment. Regardless of how an amendment is proposed, three-fourths of the states must ratify it through the method Congress selects. The result is a constitutional system that is neither completely rigid nor easily altered by ordinary legislation.

Common Constitutional Misconceptions

❌ Misconception: "The President must sign a constitutional amendment before it can go to the states."

Constitutional Reality: The President has no constitutional veto or approval role under Article V. A congressional amendment proposal is transmitted for the state ratification process without requiring presidential signature.

❌ Misconception: "A constitutional amendment needs approval from all 50 states."

Constitutional Reality: The ordinary ratification threshold is three-fourths of the states. With 50 states, that currently means 38 states, not all 50.

❌ Misconception: "Two-thirds of the states can directly amend the Constitution."

Constitutional Reality: Two-thirds of the state legislatures can trigger Congress’s obligation to call a convention for proposing amendments. Even if a convention proposes an amendment, three-fourths of the states must still ratify it.

❌ Misconception: "The national government holds a national popular vote to ratify amendments."

Constitutional Reality: Article V provides for ratification by state legislatures or state ratifying conventions, depending on the method selected by Congress. It does not establish a nationwide constitutional referendum.

❌ Misconception: "The Article V convention route has already produced constitutional amendments."

Constitutional Reality: None of the 27 amendments currently in the Constitution was proposed through an Article V convention. Every existing amendment was proposed by Congress.

❌ Misconception: "Article V allows every constitutional provision to be amended in exactly the same way."

Constitutional Reality: Article V contains a continuing protection for equal state suffrage in the Senate: a state cannot be deprived of equal Senate suffrage without its consent. The two other original restrictions were temporary and expired in 1808.

Frequently Asked Constitutional Questions

Article V establishes the formal process for amending the Constitution. It requires a proposed amendment to clear a demanding proposal stage and then receive ratification by three-fourths of the states through the method selected by Congress. This makes the Constitution difficult to change through ordinary political majorities while still providing a legal mechanism for constitutional development.

There are two constitutional proposal routes. First, Congress may propose an amendment when two-thirds of both the House and Senate approve it. Second, when the legislatures of two-thirds of the states apply for a convention for proposing amendments, Congress must call such a convention. With 50 states, the second route requires applications from 34 state legislatures.

Three-fourths of the states must ratify a proposed amendment. Because there are currently 50 states, an amendment requires ratification by 38 states. Congress decides whether ratification will occur through state legislatures or through state ratifying conventions.

No. Article V does not give the President a constitutional veto or approval role in the amendment process. When Congress proposes an amendment, it uses a joint resolution that does not go to the President for signature. The proposed amendment proceeds to the state ratification stage.

No. All 27 amendments currently in the Constitution were proposed by Congress. Although Article V provides a second proposal route involving applications from two-thirds of the state legislatures and a convention for proposing amendments, that convention route has never been used to propose one of the amendments currently in force.

Not without that state’s consent. Article V expressly provides that no state may be deprived of its equal suffrage in the Senate without its consent. The provision is different from the two temporary amendment restrictions that expired in 1808; the Senate-equality protection remains part of Article V.

Official Legal & Government Sources

• National Archives (Article V, U.S. Constitution): https://www.archives.gov/federal-register/constitution/article-v.html

Official National Archives transcription of Article V.

• National Archives (Constitutional Amendment Process): https://www.archives.gov/federal-register/constitution

Official explanation of the amendment proposal and ratification process, including the role of the Archivist and the fact that all 27 amendments were proposed by Congress.

• Congress.gov — Constitution Annotated (Overview of Article V, Amending the Constitution): https://constitution.congress.gov/browse/essay/artV-1/

Authoritative congressional analysis of the two proposal methods, two ratification methods, congressional choice of ratification method, and the historical use of state ratifying conventions.

• Congress.gov — Constitution Annotated (Role of the President in Proposing an Amendment): https://constitution.congress.gov/browse/essay/artV-3-4/

Authoritative analysis explaining that Article V does not specifically establish a presidential role in the amendment process.

• Congress.gov — Constitution Annotated (Ratification by Conventions): https://constitution.congress.gov/browse/essay/artV-4-3/

Authoritative analysis of the convention-based ratification method and Congress’s authority to select it.

• Congress.gov — Constitution Annotated (Unamendable Subjects): https://constitution.congress.gov/browse/essay/artV-5/

Authoritative analysis of Article V’s temporary 1808 restrictions and the continuing protection for equal state suffrage in the Senate.

• National Archives (The Constitution: What Does it Say?): https://www.archives.gov/founding-docs/constitution/what-does-it-say

Official overview explaining Article V and the amendment process.

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Constitutional Authority

The U.S. Constitution has 27 ratified amendments. The first 10 amendments constitute the Bill of Rights. Article V provides multiple proposal and ratification pathways: Congress may propose an amendment by the required two-thirds vote of both Houses, or Congress must call a proposing convention upon applications from two-thirds of the state legislatures. Ratification requires three-fourths of the states through the mode selected by Congress.

Related Constitutional Guides

Legal Disclaimer

Constitutional jurisprudence is dynamic and subject to ongoing Supreme Court interpretations. For specific civil rights claims or legal defense, consult with a licensed constitutional lawyer.