Education
Article V
Article V: Two Paths to Amendments
Article V of the Constitution provides two methods for proposing amendments to the Constitution.
First method: Congress
If two thirds of both chambers of Congress agree on an amendment, it is officially proposed and sent to the states for ratification.
Second method: Article V Convention
Two-thirds of the state legislatures (34 states) call for a convention to propose amendments. Amendments are proposed at the Convention, and sent back to the states for ratification.
Ratification: Ratification requires approval from three fourths of the states. (38 States)
History of Article V
As the Constitutional Convention was drawing to an end, the draft of our Constitution had placed all power to propose amendments in the hands of Congress.
Then Col. George Mason pointed out that if the Federal Government was ever to steal power, it was the only one who could propose to return it to the people.
The delegates voted unanimously to add the second method of proposing amendments, an Article V Convention, to the Constitution.
Method Two: The Article V Convention
The Article V Convention process allows the states to have direct input on the amendments. It also allows the amendments to be debated and passed outside of Congress. With an Article V Convention amendments that reduce the power of Washington DC and restore that power to the states are a real option.
Articles:
- The Final Constitutional Solution
- Overview of an Article V Convention
- The Article V Solution
Article V Convention vs Constitutional Convention
The term Constitutional Convention is used to refer to a Convention with sweeping powers to rewrite the Constitution. In contrast, an Article V Convention is limit to proposing amendments to the Constitution. Article V specifies that it is a "convention for proposing amendments".
Articles:
- The Courts and the Amendment Process
- States Control the Article V Process
- Learning More About Article V