The Constitution & Amendments

In Simple, Modern English

An amendment may be proposed by two-thirds of both chambers of Congress, or by a convention Congress must call when two-thirds of state legislatures apply. It becomes part of the Constitution when three-fourths of states ratify, using either legislatures or state conventions as Congress chooses. Before 1808, certain slavery-importation and direct-tax clauses were protected. A state cannot lose its equal Senate voting representation without its consent.

Important Clauses & Details

Proposal: Two routes

Congressional proposal needs two-thirds in each chamber. The alternative starts with applications from two-thirds of state legislatures and a convention for proposing amendments.

Ratification: Three-fourths

Congress selects ratification by state legislatures or by state conventions. With 50 states, the threshold is 38 states. Proposal alone does not change the Constitution.

Protected provisions

The before-1808 restriction is historical. The equal-state-suffrage protection in the Senate remains in the text and requires the affected state's consent.

Where to look: Article 5

Article 5: Amendment proposals and ratification: usually two-thirds of both houses propose and three-fourths of the states ratify; a convention route also exists.

Historical Context

The Confederation required unanimous consent for amendments, making change extremely difficult. Article V provides a route to reform while requiring support broader than an ordinary political majority. Later amendments have transformed rights and government structure through this process.