U.S. Constitution Article V. Mode of Amendment
Article V of the U.S. Constitution outlines the process for amending the Constitution. This article provides the exclusive legal method by which the Constitution can be altered, and it is intentionally rigid to ensure stability and deliberation.
🔹 Text of Article V (Mode of Amendment):
"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."
🔹 Explanation of Article V:
Article V provides two ways to propose an amendment and two ways to ratify it:
✅ Two Methods to Propose an Amendment:
By Congress:
An amendment is proposed if 2/3 of both the House and the Senate agree.
This is the most common method (used for all 27 amendments so far).
By a Convention of States:
If 2/3 of the state legislatures (34 out of 50) apply for a convention, Congress must call one.
This method has never been used, but it's a constitutional option.
✅ Two Methods to Ratify an Amendment:
By State Legislatures:
3/4 of the state legislatures (38 of 50) must approve the amendment.
By State Conventions:
3/4 of states must hold special conventions that approve it.
This method has been used only once, for the 21st Amendment (repealing Prohibition).
⚠️ Limitations in Article V:
Temporary Limitation (no longer applicable):
Before 1808, amendments could not affect the slave trade and direct taxation clauses (Article I, Section 9, Clauses 1 and 4).
Permanent Limitation:
No state can lose equal representation in the Senate without its consent.
For example, Wyoming (with a small population) must always have 2 Senators, just like California (with a large population).
🧠 Why Article V Matters:
It balances flexibility (ability to amend) with rigidity (protection against sudden change).
It ensures that amendments require national consensus.
It has been used to abolish slavery (13th Amendment), give women the right to vote (19th), and more.
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