Article Five of the United States Constitution

Article VArticle FiveratifiedArticle V of the United States ConstitutionArticle V of the Constitutionproposed amendmentratificationadoptedamendmentconstitutional amendments
Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered.wikipedia
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Constitution of the United States

United States ConstitutionU.S. ConstitutionConstitution
Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered.
Articles Four, Five and Six embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment.

Convention to propose amendments to the United States Constitution

constitutional conventionArticle V Conventionnational convention
Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures.
A convention to propose amendments to the United States Constitution, also called an Article V Convention or amendments convention, called for by two-thirds (currently 34) of the state legislatures, is one of two processes authorized by Article Five of the United States Constitution whereby the United States Constitution may be altered.

Constitutional amendment

amendmentamendmentsconstitutional reform
Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Article Five of the United States Constitution describes the process whereby the federal Constitution may be altered.

United States Senate

U.S. SenatorUnited States SenatorU.S. Senate
Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures.
Article Five of the Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent.

State ratifying conventions

state conventionsconstitutional conventionsconvention
To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states.
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ratifying proposed constitutional amendments.

List of amendments to the United States Constitution

amendmentamendmentsconstitutional amendment
Thirty-three amendments to the United States Constitution have been approved by the Congress and sent to the states for ratification.
Article Five of the United States Constitution details the two-step process for amending the nation's frame of government.

1st United States Congress

First CongressFirst United States Congress1st Congress
When the 1st Congress considered a series of constitutional amendments, it was suggested that the two houses first adopt a resolution indicating that they deemed amendments necessary.
Twelve articles of amendment to the Constitution were passed by this Congress and sent to the states for ratification; the ten ratified as additions to the Constitution on December 15, 1791, are collectively known as the Bill of Rights.

Article One of the United States Constitution

Article IArticle OneU.S. Const. art. I
In addition to defining the procedures for altering the Constitution, Article V also shields three clauses in Article I from ordinary amendment by attaching stipulations.
Article Five specifies the means by which the Constitution of the United States can be amended.

State legislature (United States)

state legislaturestate legislaturesstate legislator
Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures.
Under the terms of Article V of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution.

U.S. state

StatestatesU. S. state
To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states.
Article V of the Constitution accords states a key role in the process of amending the U.S. Constitution.

United States Bill of Rights

Bill of RightsU.S. Bill of RightsUS Bill of Rights
When the 1st Congress considered a series of constitutional amendments, it was suggested that the two houses first adopt a resolution indicating that they deemed amendments necessary. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights.

Ratification

ratifiedratifyratifying
Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
For subsequent amendments, Article Five describes the process of a potential amendment's adoption.

United States v. Sprague

In United States v. Sprague (1931), the Supreme Court affirmed the authority of Congress to decide which mode of ratification will be used for each individual constitutional amendment.
United States v. Sprague, 282 U.S. 716 (1931), was a United States Supreme Court case that dealt with the Fifth Article of the US Constitution.

Balanced budget amendment

balanced budgetbalanced-budget amendmentamendment
These included conventions to consider amendments to (1) provide for popular election of U.S. Senators; (2) permit the states to include factors other than equality of population in drawing state legislative district boundaries; and (3) to propose an amendment requiring the U.S. budget to be balanced under most circumstances.
Article V of the Constitution specifies that if the legislatures of two-thirds of the states apply to Congress for a constitutional amendment by means of an amendment-proposing convention, then Congress must call that convention.

Child Labor Amendment

Child Labor Amendment of 1924constitutional amendment
All amendments proposed since then, with the exception of the Nineteenth Amendment and the (still pending) Child Labor Amendment, have included a deadline, either in the body of the proposed amendment, or in the joint resolution transmitting it to the states.
The majority of the state governments ratified the amendment by the mid-1930s; however, it has not been ratified by the requisite three-fourths of the states according to Article V of the Constitution and none has ratified it since 1937.

Entrenched clause

entrenchedeternity clauseentrenched clauses
In addition to defining the procedures for altering the Constitution, Article V also shields three clauses in Article I from ordinary amendment by attaching stipulations.
Article V of the United States Constitution temporarily shielded certain clauses in Article I from being amended.

Twenty-seventh Amendment to the United States Constitution

Twenty-seventh Amendment27th Amendment27th Amendment to the United States Constitution
Based upon this precedent, the Archivist of the United States proclaimed the Twenty-seventh Amendment as having been ratified when it surpassed the "three fourths of the several states" plateau for becoming a part of the Constitution.
It was submitted by the 1st Congress to the states for ratification on September 25, 1789, along with eleven other proposed amendments.

Dillon v. Gloss

In Dillon v. Gloss (1921), the Supreme Court upheld Congress's power to prescribe time limitations for state ratifications and intimated that clearly out of date proposals were no longer open for ratification.
Dillon v. Gloss, 256 U.S. 368 (1921), was a case in which the Supreme Court of the United States held that under the authority given it by Article V of the Constitution, Congress, when proposing a constitutional amendment, may fix a definite period for its ratification, and further, that the reasonableness of the seven-year period, fixed by Congress in the resolution proposing the Eighteenth Amendment is beyond question.

Hollingsworth v. Virginia

In Hollingsworth v. Virginia (1798), the Supreme Court affirmed that it is not necessary to place constitutional amendments before the President for approval or veto.
Article V of the Constitution says: "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution".

Corwin Amendment

Committee of Thirty-Threeproposed Thirteenth AmendmentSlavery Amendment
Mader contrasts the provision preventing the amendment of equal suffrage with the proposed Corwin Amendment, an unratified constitutional package of unratified constitutional amendment that contain a self-entrenching unamendable provision.
The Corwin Amendment is a proposed amendment to the United States Constitution that would shield "domestic institutions" of the states from the federal constitutional amendment process and from abolition or interference by Congress.

Coleman v. Miller

The court subsequently, in Coleman v. Miller (1939), modified its opinion considerably.
Coleman v. Miller, 307 U.S. 433 (1939), is a landmark decision of the United States Supreme Court which clarified that if the Congress of the United States—when proposing for ratification an amendment to the United States Constitution, pursuant to Article V thereof—chooses not to set a deadline by which the state legislatures of three-fourths of the states or, if prescribed by Congress State ratifying conventions in three-fourths of the states, must act upon the proposed amendment, then the proposed amendment remains pending business before the state legislatures (or ratifying conventions).

Presentment Clause

Bicameral ClausepresentmentSection 7
While Article I Section 7 provides that all federal legislation must, before becoming Law, be presented to the President for his or her signature or veto, Article V provides no such requirement for constitutional amendments approved by Congress, or by a federal convention.
Article Five of the Constitution, which prescribes the process whereby the Constitution may be altered, contains no requirement that a joint resolution proposing a constitutional amendment be presented to the president for approval or veto before it goes out to the states.

List of rescissions of Article V Convention applications

rescindedrescindingrescissions of their prior applications
Article V of the United States Constitution provides that the legislatures of the several states may apply to Congress for a convention to propose amendments to the Constitution.

List of state applications for an Article V Convention

This is a list of known applications made to the United States Congress by the states for a national convention to propose amendments to the United States Constitution under Article five of the Constitution.

United States Congress

CongressU.S. CongressCongressional
Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures.