The Amendment Process

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;

What It Says

The Constitution can be changed two ways. Congress can propose amendments by a two-thirds vote of both houses, or two-thirds of state legislatures can force a convention. Either way, three-fourths of the states must ratify.

What It Protects Against

Change by any route other than this one. If the document can be effectively amended by interpretation, agency practice, or emergency, then the supermajority requirement is decorative and the text no longer governs.

Protocol Media reading. Not sourced to a ratification-era document.

Problem Addressed

The Articles of Confederation required unanimous consent to amend, which made them unfixable. Article V was written to make change possible but deliberately difficult.