Amending the Constitution

Article V of the Constitution provides two processes by which amendments can be proposed and approved

Article V

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.

Amendment Process

Two ways = One has never been used. The first method

a bill has to pass both houses of the legislature, by a 2/3 of the vote each

Once the bill has passed both houses, it goes on to the states. ¾ approval

This is the route taken by all current amendments. The second method

a Constitutional Convention called by 2/3 of the legislatures of the States, and for that Convention to propose one or more amendments.

These amendments are then sent to the states to be approved by 3/4 of the legislatures or conventions.

This route has never been taken.

Paths for an Amendment

Proposal by convention of states, ratification by state conventions (never used)

Proposal by convention of states, ratification by state legislatures (never used)

Proposal by Congress, ratification by state conventions (used once)

Proposal by Congress, ratification by state legislatures (used all other times)

Proposal by convention of states

Proposal by Congress

Ratification by state legislatures

Ratification by state conventions

Used 26 timesUsed 1 time (21th Amendment)

Never used

2/3

3/4

Informal Amendment

The meaning of the Constitution, or the interpretation, can change over time. Constitution changes through the judiciary.

a state forbids married couples from using contraception A state forbids blacks and whites to marry

The Constitution did not changed but the way we looked at the Constitution changed

Reasonable time limit

ratification must be within "some reasonable time after the proposal."

Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. 18th, 20th, 21st, and 22nd amendments, the period set

was 7 years, 33 proposals have obtained the necessary two-

thirds vote in Congress. Of the 33, 17 amendments have passed

Bill of Rights = created by 1st Congress ratified in 1791