The Constitution · Article V
Article V: The Amendment Process
About 10 min total: 5 min reading + 5 min for its 5 practice questions
How the Constitution is amended: two ways to propose, two ways to ratify.
- Signed
- September 17, 1787
- In effect
- Ratified June 21, 1788 (9th state); government began March 4, 1789
What's in Article V
| Section | What it covers |
|---|---|
| — | Proposal by two-thirds of both houses of Congress, or by a convention called at the request of two-thirds of the states; ratification by three-fourths of the state legislatures or of state conventions. |
Key clauses
Proposal and ratification
"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"
Two ways to propose: two-thirds of both houses of Congress, or a national convention requested by two-thirds of the states (never used).
Ratification
"when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof"
Two ways to ratify: three-fourths of state legislatures, or conventions in three-fourths of the states (used only for the 21st Amendment).
Equal Senate suffrage
"no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
No amendment can take away a state's equal vote in the Senate without its consent.
Quotations: National Archives transcription of the Constitution (original spelling, such as "chuse" and "Defence").
Why it was written this way
The Articles of Confederation could be amended only by the unanimous agreement of all 13 states, so needed reforms always failed. The framers made amendment possible but difficult, requiring broad national agreement. The protection for equal Senate representation guarded the Great Compromise. Article V also protected the slave trade until 1808.
What the FCLE tends to ask
- Two-thirds to propose, three-fourths to ratify.
- The President has no formal role: amendments are not signed by the President.
- 27 amendments have been ratified; the 21st is the only one ratified by state conventions.
| This | With this |
|---|---|
| Propose: two-thirds of Congress | Ratify: three-fourths of the states |
| Constitution: 9 of 13 states to take effect (Article VII) | Amendments: three-fourths of the states (Article V) |