US Constitution

Article V

The Amendment Process

Full Text

Section 1

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.

History and Context

The framers were brilliant, but they were not prophets. They knew that the nation would face challenges they could not foresee and that the Constitution would need to adapt to survive. The process for amending the Articles of Confederation had been a disaster, requiring unanimous consent from all states, which was nearly impossible to achieve. Article V was their solution: a process for change that was difficult, but not impossible. It created a high bar for alteration—requiring a supermajority at both the proposal and ratification stages—ensuring that the Constitution would have permanence and stability, while still allowing for the 'more perfect Union' to evolve.