The process for amending the United States Constitution is outlined in Article V of the Constitution and involves two main steps: proposal and ratification. There are four methods for proposing and ratifying amendments:
- Proposal by a two-thirds vote in both houses of Congress and ratification by the legislatures of three-fourths of the states (most common method).
- Proposal by a two-thirds vote in both houses of Congress and ratification by conventions in three-fourths of the states (used only once for the 21st Amendment, which repealed Prohibition).
- Proposal by a constitutional convention called by Congress at the request of the legislatures of two-thirds of the states, followed by ratification by the legislatures of three-fourths of the states.
- Proposal by a constitutional convention called by Congress at the request of the legislatures of two-thirds of the states, followed by ratification by conventions in three-fourths of the states.
The choice of the ratification method is made by Congress. While the convention methods have never been used, all 27 amendments so far have been proposed by Congress. After Congress proposes an amendment, it is sent to the states for approval either by state legislatures or by specially called ratifying conventions. Ratification requires approval from three-fourths of the states. The President has no formal role in the amendment process, and the amendment proposal does not require presidential signature. Deadlines for ratification are usually set by Congress, typically within a reasonable time frame, often around seven years. This amendment process balances legal procedure with political negotiation, where Congress holds significant control over the rules, and it ensures that amendments have broad support across the country before becoming part of the Constitution.
