Article V of VII · 1788
Article V: Changing the Constitution
Changing the Constitution
The one-line version
An amendment needs two-thirds of Congress, or a convention called by two-thirds of states, to propose it, then three-fourths of states to ratify.
Plain English
The Constitution can be changed by amendment. There are two steps: proposing an amendment and ratifying, meaning approving, it.
There are two ways to propose an amendment:
- Two-thirds of both the House and the Senate vote to propose it, or
- Two-thirds of the state legislatures ask Congress to call a convention, and the convention proposes it
There are two ways to ratify an amendment:
- Three-fourths of the state legislatures approve it, or
- Conventions in three-fourths of the states approve it
Congress picks which way of ratifying is used for each amendment.
The article set two limits:
- Before 1808, no amendment could change two clauses in Article I, Section 9. One protected the overseas slave trade. The other limited direct taxes. Note: This limit ended in 1808.
- No state can lose its equal vote in the Senate without its own consent. This limit still applies.
Original text, 1788
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.
Phrase by phrase
two thirds of both Houses shall deem it necessary
- Two-thirds of the House and two-thirds of the Senate can propose an amendment.
shall call a Convention for proposing Amendments
- If two-thirds of state legislatures ask, Congress must call a convention to propose amendments.
when ratified by the Legislatures of three fourths of the several States
- An amendment becomes part of the Constitution when three-fourths of the states approve it.
no Amendment which may be made prior to the Year One thousand eight hundred and eight
- Until 1808, no amendment could touch the slave-trade clause or the direct-tax clause. This limit has expired.
no State, without its Consent, shall be deprived of its equal Suffrage in the Senate
- No state can lose its equal vote in the Senate unless it agrees.
Picture it
Example. Not legal advice.
Imagine Congress votes by two-thirds to propose an amendment. It goes to the states. Once 38 of the 50 states approve it, it becomes part of the Constitution. The President does not sign it.
Myth check
MythThe President has to sign an amendment.
FactThe President has no formal role. The Court said so in Hollingsworth v. Virginia (1798).
MythAmendments are decided by a national popular vote.
FactThere is no national vote. Congress or a convention proposes, and state legislatures or state conventions ratify.
MythOnce Congress passes an amendment, it is part of the Constitution.
FactCongress only proposes it. Three-fourths of the states must still ratify it. More than 11,000 have been proposed, and only 27 ratified.
Common questions
What does Article V say in simple terms?
Article V explains how to change the Constitution. Two-thirds of both houses of Congress, or a convention called by two-thirds of the states, can propose an amendment. Three-fourths of the states must then ratify it.
How is the Constitution amended?
In two steps. First, two-thirds of the House and Senate propose an amendment, or a convention called by two-thirds of the states does. Then three-fourths of the states, 38 of 50, must ratify it. Every amendment so far was proposed by Congress.
Does the president sign constitutional amendments?
No. The President has no formal role in amending the Constitution. In Hollingsworth v. Virginia (1798), the Court said a proposed amendment does not need the President's signature.
How many amendments have been proposed?
More than 11,000 amendments have been proposed in Congress since 1789. Only 27 have been ratified. The first 10, known as the Bill of Rights, were ratified together in 1791.
Go deeper
The scene · 1787
Under the Articles of Confederation, every change needed all 13 states to agree. That made change almost impossible. The delegates wanted a Constitution that could be changed, but only with wide agreement. Article V set out the steps.
Back then
The writers knew the Constitution would need changes. They had seen how the Articles' unanimous-consent rule blocked every fix. They chose a middle path: hard enough to protect the system, possible when most of the country agrees.
Words that changed
- “Suffrage”
ThenA vote.
NowUsually means the right to vote in elections. Here it means each state's equal vote in the Senate.
- “deem”
ThenTo judge or consider.
NowThe same, but rarely used in everyday speech.
Who argued what
Anti-Federalists
The Constitution needed a bill of rights and other changes before it was ratified, possibly through a second convention.
Federalists
Ratify first, then use Article V to add amendments. A second convention could undo the whole plan.
Key cases
- 1798
Hollingsworth v. Virginia
A proposed amendment does not need the President's signature.
- 1920
Hawke v. Smith
A state cannot make ratification depend on a popular vote when Congress chose ratification by state legislatures.
- 1921
Dillon v. Gloss
Congress can set a reasonable time limit for states to ratify an amendment.
- 1939
Coleman v. Miller
Questions about whether a ratification came too late are political questions for Congress.
More history and context
Article V explains how to change the Constitution. The process is hard on purpose. An amendment needs large majorities to propose it and large majorities to ratify it.
Almost every amendment was proposed by Congress and ratified by state legislatures. The one exception is the Twenty-First Amendment (1933), which ended Prohibition. It was ratified by state conventions.
A convention to propose amendments has never been called. Some states have pushed for one.
More than 11,000 amendments have been proposed in Congress since 1789. Only 27 have been ratified. They include the Bill of Rights, the end of slavery, women's right to vote, and the vote at age 18.
The 1808 limit protected the slave trade from being banned by amendment before that year. It expired on schedule. The equal-Senate limit still stands: a state keeps its two senators unless it agrees otherwise.
Some amendments passed Congress but were never ratified in time. The status of the Equal Rights Amendment is disputed. Congress sent it to the states in 1972 with a deadline. Supporters say enough states have now ratified it. The national Archivist said in 2024 that it cannot be certified.
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