Article V, summarized in the last four articles, sets out how the Constitution changes. The framers knew their work would need fixing, but they made it hard to change on a whim.
| Step | Way 1 (always used) | Way 2 |
|---|---|---|
| Propose | Two-thirds of both houses of Congress (290 of 435 and 67 of 100 when all members vote) | A national convention called by Congress on the application of two-thirds of the state legislatures (34 of 50); never used |
| Ratify | Three-fourths of the state legislatures (38 of 50) | Conventions in three-fourths of the states (38 of 50); used once, for the Twenty-first Amendment (1933) |
Why it works
Why so hard? A constitution is the rule for making rules; if a bare majority could rewrite it, it would protect nothing. Requiring two supermajorities, one national and one among the states, means an amendment needs broad agreement across the country and across time. The result: more than 11,000 amendments have been introduced in Congress, Congress has sent 33 to the states, and 27 have been ratified. The Twenty-seventh, on congressional pay, was proposed in 1789 and ratified in 1992.
Key idea
Amendments are proposed by two-thirds of both houses (or a convention called by two-thirds of the states, never used) and ratified by three-fourths of the states (38 of 50), by legislatures or conventions. There are 27 amendments. The President has no formal role.
Worked example: Counting states
How many states must ratify an amendment today, and how many could block it?
- Three-fourths of 50 is 37.5; round up: 38 must ratify.
- If 13 states refuse, only 37 are left: not enough. So 13 can block it.
Answer: 38 to ratify; 13 can block.
Worked example: Where is the President?
Congress passes a proposed amendment by two-thirds in both houses. Does it go to the President to sign?
- Article V names Congress and the states only.
- In Hollingsworth v. Virginia (1798) the Supreme Court held the Eleventh Amendment validly adopted although it had never been presented to the President; Justice Chase noted that the President "has nothing to do with the proposition or adoption of amendments."
Answer: No. It goes straight to the states.
Common mistake
Thinking the President signs amendments or that a national vote ratifies them. The President has no formal role, and there is no national referendum: ratification is by states, through their legislatures or conventions. Check: count the steps; there are exactly two, propose and ratify, and neither belongs to the President.