Article V: How the Constitution is amended

Article V is the Constitution's own repair kit. It's deliberately hard: since 1789 only 27 amendments have been ratified, and the first ten came as a package. Compare California, where voters can amend the state constitution by initiative; that's why California's constitution is long and changes often (California Article XVIII).

The text

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.

Source: National Archives transcription Verified1

Clause by clause

• Two ways to propose. Congress, by two-thirds of each house; or "on the Application of the Legislatures of two thirds of the several States," Congress "shall call a Convention for proposing Amendments." Every amendment so far came from Congress.
• Two ways to ratify. By the legislatures of three-fourths of the states, or by conventions in three-fourths of the states. Congress picks. Only the Twenty-first Amendment (repealing Prohibition) used state conventions.
• Two entrenched rules. No amendment before 1808 could touch the slave-trade clause or the direct-tax clause in Article I, Section 9; and no state can lose its equal vote in the Senate without its consent. The second still applies.

How courts read it

• Ratification is not ordinary legislation, so a state can't put it to a popular vote. Ohio tried to make the legislature's ratification of the Eighteenth Amendment subject to a referendum. The Court said ratification "is not an act of legislation within the proper sense of the word. It is but the expression of the assent of the state to a proposed amendment" (Hawke v. Smith, 253 U.S. 221 (1920)) Verified2. That's why California voters can't ratify or reject a federal amendment by initiative.
• Deadlines are allowed. The Court held "that the ratification must be within some reasonable time after the proposal," and Congress can fix a definite period (Dillon v. Gloss, 256 U.S. 368 (1921)) Verified3.
• Rescission and timing are political questions. When Kansas ratified a child-labor amendment after earlier rejecting it, the Court said the effect of prior rejection or attempted withdrawal "should be regarded as a political question pertaining to the political departments, with the ultimate authority in the Congress" (Coleman v. Miller, 307 U.S. 433 (1939)) Verified4.
• Challenges to a ratified amendment fail. Maryland voters challenged the Nineteenth Amendment, arguing in part that some state ratifications were invalid; the Court rejected the challenge (Leser v. Garnett, 258 U.S. 130 (1922)) Verified5.

The Twenty-seventh Amendment's 202-year ratification

The Twenty-seventh Amendment, on congressional pay, was proposed with the original Bill of Rights package and ratified in 1992 Verified6. Congress set no deadline for it, so under Dillon and Coleman the long gap didn't block ratification. See Amendment 27.

How it reaches Williams

Article V binds the process, not cities. Its one local effect: no city or state ballot measure can ratify or block a federal amendment Verified2.

In Williams

The contrast is the lesson. Williams voters can help change the California Constitution through an initiative or by voting on measures the Legislature places on the ballot (Article XVIII). They have no direct vote on the U.S. Constitution; their state legislators or a state convention do.

Common misconceptions

• "The President signs amendments." No role at all.
• "A constitutional convention has been called before." Not under Article V. The 1787 Convention came before it.
• "Voters can ratify a federal amendment by referendum." Hawke v. Smith says no Verified2.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.