Guide to Government · The Constitution

Amendment Process

How the Constitution is amended — a deliberately difficult process by design, meant to make changing the nation’s foundational document a genuinely high bar.

The Standard Path

1

Proposal Begins

An amendment starts as a joint resolution in Congress, or through a convention requested by the states.

2

Two-Thirds Approval

The House and Senate must each approve the proposal by a two-thirds vote. The President has no veto over this process.

3

States Decide

The proposal goes to state legislatures or state conventions, depending on the method Congress selects.

4

Three-Fourths Ratify

Thirty-eight states must approve before the amendment becomes part of the Constitution.

Two Possible Paths

Every successful amendment has used the congressional route, but Article V also allows states to call a convention. The second path has never been used, so many practical details remain unresolved.

Congress proposes

Two-thirds of the House and Senate approve a joint resolution, then three-fourths of states ratify it. Used for all 27 amendments. No presidential signature required. Usually ratified by state legislatures, and can include a ratification deadline.

States call a convention

Two-thirds of state legislatures ask Congress to call a convention, which may propose amendments for state ratification. Never used successfully. Requires applications from 34 states, still needs 38 states to ratify, and raises unresolved procedural questions.

Later Amendments

The amendments after the Bill of Rights changed the country in major ways: ending slavery, defining citizenship, expanding voting rights, authorizing income tax, limiting presidential terms, and clarifying succession.

Reconstruction: 13th, 14th, and 15th Amendments

Abolished slavery, established birthright citizenship and equal protection, and prohibited racial discrimination in voting.

Democracy: Voting Amendments

Expanded voting access by sex, race, and age, and abolished poll taxes in federal elections.

Presidency: Terms and Succession

Limited presidents to two elected terms and clarified what happens when a president dies, resigns, or cannot serve.

The Constitution is a guide which I never will abandon.

George Washington