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Declaration of Independence Annapolis 1786 Federalist No. 10 Federalist No. 39 Federalist No. 42 Federalist No. 43
Federalist No. 45 Federalist No. 49 Federalist No. 85 James Madison
June 6,
1787
James Wilson
1790-1791
Gettysburg Address
Preamble Article I
Section 1
Article I
Section 2
Article I Section 3 Clause 6 Article I Section 8 Clause 18 Article I Section 10 Clause 3
Article IV Article V Article VII Amendment I Amendment X Extracts from State Constitutions
Ludlow 1938 Koupal 1977 Hoekstra 1994 Canady-Bliley 1998 PST&T v Oregon 1912 Cooley - People's Sovereignty
Wisconsin Application 1911 Apply by Initiative for Convention  Ratification by State Referenda Mullen v Howell 1919 Herbring v Brown 1919 Maine Opinion of the Justices 1919
Hawke v Smith 1920 Eisenhower  1961 Term Limits v Thornton 1995 Philadelphia II v. Gregoire 1996 Line Item Veto Clinton v NY 1998 CRS Report Durbin May, 1995
Cities with Initiatives States with Initiatives States with Referendums Public Support for Initiatives California Citizens' Assembly How Democratic Was Athens?
E-voting and Elections Contingency Initiative Estimate Reelection  Quotations Athenian Constitution  

 

Article V of the U.S. Constitution
The Amendment Process

Article V—Complete Text:

The(1) Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

The People shall have the power by Direct Initiatives to propose U.S. constitutional amendments to the States when passed by the Electorate's double supermajority vote. Upon certification of a passing vote, the proposed constitutional amendment shall be as if Congress had deemed it necessary, proposed it, defined the mode of ratification, and submitted it to the several States for ratification by their legislatures or by conventions. Ten years and again twenty years after a U.S. Direct Initiative first appears on nationwide ballot, the Assembly shall include a Candidate Direct Initiative to repeal the Amendment when passed by a double majority vote. Should the Electorate choose repeal, Initiatives previously or concurrently passed shall remain as if they had originally been enacted by Congress and Congress may then change or overrule them as regular business of the Congress subject to Presidential approval.

Article V—Text of First Method(2) in which Congress Adopts and the States Ratify the Amendment:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, which shall be valid to all intents and purposes as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress.

Article V—Text of Second Method in which the States Propose an Amendment at an Article V Convention and Later Ratify the Amendment:

The Congress, on the application of the legislatures of two thirds(5) of the several states, shall(3) call a convention for proposing amendments, which shall be valid to all intents and purposes as part of this Constitution, when ratified by the legislatures of three fourths(5) of the several states, or by conventions in three fourths thereof, as the one or the other mode(4) of ratification may be proposed by the Congress.


Note: Texts added in Section 2.5 and Section 6.1 of this Amendment are shown as brown underlined characters.

Notes:

  1. In Article V—Complete Text, the second method is highlighted for clarity.

  2. All Amendments to date have been initiated by Congress using the first method.

  3. In the second method, the words "Congress...shall call a convention" make it clear that Congress has no option as to whether it will or will not call a convention in accordance with the Constitution.

  4. Congress normally has chosen ratification by the State Legislatures except for Amendment XXI where it chose conventions. The planned Amendment chooses ratification by State Legislature, but Congress has the right to change this to ratification by conventions in accordance with the Constitution.

  5. There are 50 States. Two-thirds corresponds to 34 States; three-fourths corresponds to 38 States.

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 November 07, 2013