The Blueprint in Article V
The entire process for changing the Constitution is laid out in Article V. The founders designed a system that was neither too easy, which would risk instability, nor too hard, which could invite revolution. This article establishes two major phases for any amendment: a proposal stage and a ratification stage. It also provides two different paths for achieving each stage, creating a total of four possible routes from idea to law.
Phase 1: Proposing an Amendment
Before an amendment can even be considered by the states, it must be officially proposed. This first major hurdle can be cleared in one of two ways, though one method has been used exclusively throughout American history.
The Congressional Method: A Two-Thirds Supermajority
The first and most common path begins in Congress. An amendment must be approved by a two-thirds
vote in both the House of Representatives and the Senate. This is a staggeringly high bar that requires significant bipartisan agreement. Every single one of the 27 amendments to the Constitution, from the Bill of Rights to the most recent change, has started this way. Out of over 11,000 proposed amendments in U.S. history, only 33 have ever successfully cleared this initial stage in Congress.
The Convention Method: A Call from the States
The second, never-used method for proposing an amendment allows the states to bypass Congress. If the legislatures of two-thirds of the states (currently 34) formally call for one, Congress must convene a national convention to propose amendments. This path is shrouded in mystery and debate. There are no established rules for how such a convention would operate, who the delegates would be, or whether its scope could be limited, leading to fears of a 'runaway' convention that could potentially rewrite the entire Constitution.
Phase 2: Ratifying the Amendment
Once an amendment is successfully proposed by either Congress or a convention, it is sent to the states for ratification. At this point, Congress must choose one of two ratification methods. The amendment only becomes part of the Constitution when it is ratified by the required number of states.
Ratification by State Legislatures: The Three-Fourths Rule
The most common method of ratification requires the state legislatures of three-fourths of the states (currently 38) to vote in favor of the amendment. This is the path that 26 of the 27 ratified amendments have followed. Governors have no formal role in this process; their signature is not required. It represents a broad, nationwide consensus that crosses regional and political lines.
Ratification by State Conventions: A Rarely Used Path
The other option is for three-fourths of the states to hold special ratifying conventions. This method has only been used once, for the 21st Amendment, which repealed Prohibition. The thinking at the time was that while many state legislators might be reluctant to vote against temperance, the general public had soured on the policy. The convention method allowed citizens to elect delegates specifically for the purpose of voting on that single issue, providing a more direct reflection of the popular will.
