Amending the Constitution
Article VHow the Constitution is changed: proposal by two-thirds of both chambers or by a convention called by two-thirds of the states, then ratification by three-fourths of the states.Read the full definition (opens a new tab) is the Constitution's instruction manual for changing itself. Amendments can be proposed by supermajorityAny threshold above half: three-fifths for Senate cloture, two-thirds to override a veto or convict on impeachment, three-fourths of states to ratify an amendment.Read the full definition (opens a new tab) of both chamberOne of the two houses of a legislature. Congress has two: the House of Representatives and the Senate. A bill must pass both, in identical text.Read the full definition (opens a new tab) or by a convention called at the request of two-thirds of the states, and must then be ratificationFinal approval that gives a measure legal force: states ratify constitutional amendments (3/4 required); the Senate consents to treaties (2/3).Read the full definition (opens a new tab) by three-fourths of the states. Every one of the 27 amendments has come through the congressional route. One clause is permanently entrenched: no state can lose its equal Senate vote without its consent.
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.
Two steps, both hard by design. Propose: two-thirds of the House and Senate (the only route ever used), or a convention called by two-thirds of the state legislatures. Ratify: three-fourths of the states: 38 today. The President has no formal role; amendments cannot be vetoed. The Twenty-First AmendmentProtects religion, speech, press, assembly, and petition against government interference. It restrains government, not private companies or employers.Read the full definition (opens a new tab) (repealing Prohibition) is the only one ratified by state conventions instead of legislatures. The final proviso still binds: no amendment can strip a state of its equal two votes in the Senate without that state's consent.