U.S. Government and Civics / Unit 2: The Constitution
2.5 Amending the Constitution
Notes
Article V sets a two-step process that requires broad agreement. The Constitution has been amended 27 times.
- Proposal: by a two-thirds vote of both houses of Congress, or by a national convention called at the request of two-thirds of state legislatures (never used).
- Ratification: by three-fourths of the states (38 of 50), through state legislatures or state ratifying conventions.
- All 27 amendments were proposed by Congress. Only the 21st Amendment (repealing Prohibition, 1933) was ratified by state conventions.
- The president has no formal role in amending the Constitution.
- The 27th Amendment (congressional pay raises take effect only after the next election) was proposed in 1789 and ratified in 1992.
- Example: the 26th Amendment (1971) lowered the voting age to 18 and was ratified in about four months.
Practice
How many states must ratify a proposed amendment for it to become part of the Constitution?
Three-fourths of 50 states is 37.5, so 38 states are needed.
What role does the president have in the formal amendment process?
Article V does not give the president any formal role.
The most common method for adding an amendment has been:
Twenty-six of the 27 amendments used this route; the 21st used state conventions.
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