Amending the U.S. Constitution
The Constitution can be amended through two stages: proposal and ratification. There are multiple pathways for each.
Stage 1: Proposal (choose one method)
- Congressional proposal — Both the House of Representatives and the Senate must approve the proposed amendment by a two-thirds supermajority vote in each chamber. This is the only method used so far for all 27 amendments.
- Constitutional Convention — Two-thirds of state legislatures (34 states) can call for a national convention to propose amendments. This method has never been used.
Stage 2: Ratification (choose one method)
- State legislatures — Three-fourths of all states (currently 38 of 50) must ratify the amendment through their state legislatures. This is the most common method.
- State conventions — Three-fourths of states ratify through specially convened state conventions. This has only been used once — to ratify the 21st Amendment (repealing Prohibition) in 1933.
Additional notes
- Congress chooses which ratification method will be used.
- There is no set time limit for ratification unless Congress specifies one (though a 7-year deadline is commonly attached).
- The President has no formal role — the President cannot veto a constitutional amendment.
- Once ratified, an amendment becomes part of the Constitution and cannot be struck down by the Supreme Court (though it can be repealed by a subsequent amendment, as was done with the 18th Amendment).
- The process is intentionally difficult to ensure broad consensus before fundamental law is changed.
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