45 pages • 1 hour read
Constitution of United States of America
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Article 5Chapter Summaries & Analyses
Article 5 Summary
Congress can propose constitutional amendments with the approval of two-thirds of both the House and Senate, respectively. Alternatively, states may call a convention for proposing amendments with the “Application of the Legislatures of two-thirds of the several states.” In both instances, amendments are ratified by three-fourths of the states. The Constitution forbids the passage of any amendment before 1808 that would limit or end the slave trade. The number of senators allotted to each state cannot be altered without consent.
Article 5 Analysis
Article 5 is important because, by defining the process for amending the Constitution, it is the basis for that document’s reputation as a “living Constitution”—one that can evolve over time and adapt to circumstances. There are two procedures through which constitutional amendments may be proposed: through Congress or via a convention called by a minimum of two-thirds of the states. Once the Congress passes an amendment, it must be ratified by the legislatures of at least three-fourths of the states. Amendments are ratified and repealed through the same processes. Only the 18th Amendment that enshrined the Prohibition of alcohol in the Constitution has ever been repealed (by the 21st Amendment).
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