SS.7.C.3.5: Constitutional Amendment Process

Article 5 of the Constitution

Article 5 is also written in Roman Numerals as Article V. This article of the Constitution explains the methods of proposing and ratifying an amendment to the U.S. Constitution

Sequence or Steps to the Amendment process

Make sure you know that it is 2/3 to propose or suggest an amendment and 3/4 to ratify or approve an amendment. Make sure you know how the states are involved in the amendment process!

Unconstitutional

Not allowed under the constitution

Ratifying an amendment to the U.S. Constitution

Once the amendment is proposed by either method described above, the amendment then has to be ratified with one of two ways: 1. Three-quarters (3/4) of the states (at least 38 out of 50) must ratify the amendment by a vote of approval in the state legislature. 2. Three-quarters (3/4) of the states (at least 38 out of 50) must ratify the amendment by a vote of approval at a state ratifying convention.

Is the Constitution meant to be difficult to change?: Part 1

The Founding Fathers meant to create a process that is difficult. If the process were too simple, the Constitution could change far more often than it should. If the process were too hard, the Constitution would be stuck in 1787, when the Constitution was written.

Is the Constitution meant to be difficult to change?: Part 2

The large percentage of votes needed to ratify amendments shows the difficulty of amending the U.S. Constitution. Two-thirds (2/3) of each house of Congress or the state legislatures is required to propose an amendment, which means that only elected officials may vote to propose an amendment. Also, getting a supermajority (more than 50% plus one) of elected officials to agree to propose an amendment shows the difficulty of proposing amendments. Three-fourths (3/4) of the state legislatures must vote to ratify an amendment, or three-fourths (3/4) of the states join in a ratifying convention to vote to ratify an amendment. Either way, like proposing an amendment, ratifying an amendment requires a supermajority of elected officials (or people chosen by elected officials).

Proposing an amendment to the US Constitution

There are two methods for proposing amendments to the Constitution. 1. An amendment may be proposed by the Congress with a two-thirds (2/3) majority vote in both the House of Representatives and the Senate. 2. An amendment may be proposed through a constitutional convention called for by two-thirds (2/3) of the state legislatures.

Ratification

To approve through a formal process

What do we mean when we say the U.S. Constitution is a "living document"?

When we say the U.S. Constitution is a "living document", we mean it this document can be changed or updated as the times/history changes.

Amendment

an alteration (change) of or addition to a motion, bill, constitution, etc..

Amend

to alter, modify, rephrase, or add to or subtract from (a motion, bill, constitution, etc.) by a formal procedure. Example: Congress may amend the proposed tax bill.

Propose

to offer or suggest (a matter, subject, case, etc.) for consideration, acceptance, or action: