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Encyclopedia > Article 5 of the United States Constitution
It has been suggested that Unsuccessful attempts to amend the U.S. Constitution be merged into this article or section. (Discuss)

Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Such amendments may be proposed by the U.S. Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the several states. To become valid, amendments must then be ratified by either the legislatures of or ratifying conventions held in three-fourths of the several states. Image File history File links Please see the file description page for further information. ... The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ... The Constitution of the United States is the supreme law of the United States of America. ... Congress in Joint Session. ...


See Wikisource for the text of the Article.

Contents


Proposal

Resolution proposing the Nineteenth Amendment
Resolution proposing the Nineteenth Amendment

Whenever they "deem it necessary," two-thirds of both houses of Congress may propose an amendment. This means two-thirds of those members present—assuming that a quorum exists at the time that the vote is cast—and not necessarily a two-thirds vote of the entire membership elected and serving in the two houses of Congress. It was suggested that the two houses first adopt a resolution indicating that they deem an amendment necessary, but this procedure has never been used—the U.S. Senate and the U.S. House of Representatives instead directly proceed to the adoption of a joint resolution itself proposing the amendment, the implication being already clear that both bodies "deem" the amendment to be "necessary." Amendments have always been proposed as Articles in addition to the original Constitution, rather than being incorporated into the main body of the document. Download high resolution version (568x925, 87 KB)Description: The 19th amendment. ... Download high resolution version (568x925, 87 KB)Description: The 19th amendment. ... Amendment XIX (the Nineteenth Amendment) to the United States Constitution (sometimes called the [[ The amendment prohibits both the federal government and the states from using a persons sex as a qualification to vote; it was specifically intended to extend suffrage to women. ... In law, a quorum is the minimum number of members of a deliberative body necessary to conduct the business of that group. ... Seal of the Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ... The chamber of the United States House of Representatives is located in the south wing of the Capitol building, in Washington, D.C.. The United States House of Representatives is one of the two houses of the Congress of the United States. ...


If at least two-thirds of the legislatures of the states so request, Congress is required to call a national convention for the purpose of proposing an amendment. Never have the requisite number of states made such a request, although two proposals have come just two states shy of the required number. There is much controversy as to how such a convention would operate, how its delegates would be chosen, the necessary vote required to propose a particular amendment, and many other lingering questions. The state legislatures have, in times past, taken advantage of the fear of the unknown by using their power to apply for a national convention in order to frighten Congress into proposing the desired amendment. For example, the movement to amend the Constitution to provide for the direct election of U.S. Senators began to see such proposals regularly pass the House of Representatives only to die in the Senate from the early 1890s onward. As time went by, more and more state legislatures adopted resolutions demanding that a convention be called, thus pressuring the Senate to finally relent and approve what later became the Seventeenth Amendment for fear that such a convention—if permitted to assemble—might stray to include issues above and beyond just the direct election of U.S. Senators. State legislatures are the lawmaking bodies of the 50 states in the United States of America. ... Besides the more common method, there is an option to assemble a national convention to propose amendments to the United States Constitution. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... The chamber of the United States House of Representatives is located in the south wing of the Capitol building, in Washington, D.C.. The United States House of Representatives is one of the two houses of the Congress of the United States. ... Amendment XVII (the Seventeenth Amendment) of the United States Constitution ratified on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of a state rather than their election...


Since Article Five does not make clear how the amendment-proposing convention is to be composed and operated, Congress—presumably through enactment of a Federal statute—could determine how the delegates are chosen and to provide for other procedural details.


The President has no formal role in the constitutional amendment process. Article One provides, "every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives." As previously stated, the Constitution requires the concurrence of at least two-thirds of the members present of both the House of Representatives and the Senate to a joint resolution which proposes a constitutional amendment. In Hollingsworth v. Virginia (1798), the Supreme Court held that it is not necessary to place constitutional amendments before the President for signature and, by the same logic, the President is powerless to veto a proposed constitutional amendment. The Court suggested, "as two thirds of both Houses are required to originate the proposition, it would be nugatory to return it with the President's negative, to be repassed by the same number." The President of the United States (fully, President of the United States of America; unofficially abbreviated POTUS) is the head of state of the United States and the chief executive of the federal government. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Hollingsworth v. ... 1798 was a common year starting on Monday (see link for calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The word veto comes from Latin and literally means I forbid. ...


Ratification

After being officially proposed, a constitutional amendment must then be ratified by the legislatures of, or by conventions in, at least three-fourths of the states. It is not mandatory that amendments proposed by Congress be ratified by legislatures nor is it mandatory that amendments proposed by a national convention be ratified by state conventions; either mode of proposal may be used with either mode of ratification. Of the twenty-seven amendments to the Constitution that have been ratified, Congress has specified the state conventions ratification method for only one: the Twenty-first Amendment, which became part of the Constitution in 1933. Most states hold elections specifically for the purpose of choosing delegates, but even that is not a requirement. For example, New Mexico provides, by state law, that the members of its legislature be the delegates at such a state ratification convention, thereby skirting the occasional sentiment that persons other than state lawmakers should consider the ratification of a particular proposed Federal constitutional amendment. Article V of the United States Constitution establishes the possibility of conventions within the staes to ratify an amendment to the U.S. Constitution. ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... 1933 (MCMXXXIII) was a common year starting on Sunday (link will take you to calendar). ... Official language(s) English and Spanish Capital Santa Fe Largest city Albuquerque Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 5th 315,194 km² 550 km 595 km 0. ...


Rescinding a ratification

The validity of a ratification that a state first grants and then later purports to rescind, and of the subsequent ratification of an amendment which that state previously rejected and then later assented to, was addressed by Congress in 1868 when Secretary of State William Seward issued a proclamation that what we know today as the Fourteenth Amendment was properly ratified and a part of the Constitution. Seward's proclamation noted that Ohio and New Jersey lawmakers had reversed themselves and purported to rescind. Further, Seward's proclamation questioned the validity of those reversals. Shortly thereafter, both houses of Congress adopted a concurrent resolution likewise declaring the Fourteenth Amendment as having been duly ratified and listing Ohio and New Jersey among the states approving it. While Ohio and New Jersey purported to withdraw their earlier ratifications, three other states that had previously rejected the amendment then reversed themselves and proceeded to ratify it. In Coleman v. Miller (1939), the Supreme Court declared the question to be non-justiciable, leaving the issue to Congress and accepting the precedent set by Congress' actions some 71 years earlier with respect to the Fourteenth Amendment. It would therefore appear that states may not undo prior ratifications of amendments, although they may ratify an amendment which they had previously rejected. However, Congress is not subject to the doctrine of stare decisis, so a future Congress could simply ignore this precedent. The issue of recision became important again during the 1970s when the legislatures of four states adopted resolutions purporting to repeal their previous ratifications of the Equal Rights Amendment. 1868 (MDCCCLXVIII) was a leap year starting on Wednesday (see link for calendar) of the Gregorian calendar or a leap year starting on Friday of the 12-day-slower Julian calendar. ... In several countries, Secretary of State is a senior government position. ... Willam H. Seward William Henry Seward (May 16, 1801–October 10, 1872) was United States Secretary of State under Abraham Lincoln and Andrew Johnson. ... The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and includes the Due Process and Equal Protection Clauses. ... Official language(s) None Capital Columbus Largest city Columbus (largest metropolitan area is Cleveland) Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 34th 116,096 km² 355 km 355 km 8. ... Official language(s) None defined, English de facto Capital Trenton Largest city Newark Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 47th 22,608 km² 110 km 240 km 14. ... Coleman v. ... 1939 (MCMXXXIX) was a common year starting on Sunday (link will take you to calendar). ... Stare decisis (Latin:, Anglicisation:, to stand by things decided) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ... The 1970s decade refers to the years from 1970 to 1979, inclusive. ... The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution which would have guaranteed equal rights under law for Americans regardless of sex. ...


Deadline imposed on ratification process

The Constitution does not expressly provide for a deadline on the state legislatures' or state ratifying conventions' consideration of proposed amendments. In Dillon v. Gloss (1921), the Supreme Court affirmed that Congress—if it so desires—could provide a deadline for ratification, writing: In 1921, the United States Supreme Court ruled, in the case of [256 U.S. 368 (1921)], that if the United States Congress—when proposing an amendment to the Constitution of the United States—desires to place a deadline on that particular constitutional amendments ratification, that Congress may indeed... 1921 (MCMXXI) was a common year starting on Saturday (see link for calendar). ...

We do not find anything in the article which suggests that an amendment once proposed is to be open to ratification for all time, or that ratification in some of the states may be separated from that in others by many years and yet be effective. We do find that which strongly suggests the contrary. First, proposal and ratification are not treated as unrelated acts but as succeeding steps in a single endeavor, the natural inference being that they are not to be widely separated in time. Secondly, it is only when there is deemed to be a necessity therefor that amendments are to be proposed, the reasonable implication being that when proposed they are to be considered and disposed of presently. Thirdly, as ratification is but the expression of the approbation of the people and is to be effective when had in three-fourths of the States, there is a fair implication that it must be sufficiently contemporaneous in that number of States to reflect the will of the people in all sections at relatively the same period, which of course ratification scattered through a long series of years would not do.

In the aforementioned Coleman v. Miller decision, the Supreme Court modified Dillon considerably, holding that the question of timeliness of ratification is a political and non-justiciable one, leaving the issue to Congress' discretion. It would appear that the length of time elapsing between proposal and ratification is irrelevant to the validity of the amendment. For example, the Twenty-seventh Amendment was proposed in 1789 and ratified more than 200 years later in 1992. On May 20, 1992, both houses of Congress adopted concurrent resolutions accepting the 27th Amendment's unorthodox ratification process as having been successful and valid. Amendment XXVII (the Twenty-seventh Amendment) to the United States Constitution reads: // Background This amendment to the United States Constitution provides that any change in the salary of members of Congress may only take effect after the next general election. ... 1789 was a common year starting on Thursday (see link for calendar). ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... 20 May is the 140th day of the year in the Gregorian Calendar (141st in leap years). ... 1992 (MCMXCII) was a leap year starting on Wednesday. ...


Beginning in 1917, Congress has usually—but not always—imposed deadlines on proposed amendments. The limitation originally took the form of a clause in the text of the constitutional amendment itself, such as "This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress." Such a clause may be found in the Eighteenth, Twentieth, Twenty-first and Twenty-second Amendments. However, with the Twenty-third, Twenty-fourth, Twenty-fifth and Twenty-sixth amendments, Congress instead placed the ratification deadline in the preamble of the joint resolution proposing the amendment rather than in the amendment's actual text. And in the cases of the Nineteenth Amendment (proposed in 1919) and the still-pending Child Labor Amendment (proposed in 1924), Congress chose specifically not to establish any deadline at all. 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar. ... Prohibition agents destroying barrels of alcohol. ... Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of elected federal officials. ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President... Amendment XXIII (the Twenty-third Amendment) of the United States Constitution permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both and Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other type of tax. ... Wikisource has original text related to this article: Twenty-fifth Amendment to the United States Constitution Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution states: Section 1. ... Amendment XIX (the Nineteenth Amendment) to the United States Constitution (sometimes called the [[ The amendment prohibits both the federal government and the states from using a persons sex as a qualification to vote; it was specifically intended to extend suffrage to women. ... 1919 (MCMXIX) was a common year starting on Wednesday (see link for calendar). ... The Child Labor Amendment was, and remains, a proposed—and technically still-pending—amendment to the United States Constitution offered by Republican Ohio Congressman Israel Moore Foster during the 68th Congress in the form of House Joint Resolution No. ... 1924 (MCMXXIV) was a leap year starting on Tuesday (link will take you to calendar). ...


As noted in Dillon, the Supreme Court has upheld the power of Congress to set such deadlines on ratification. The power of Congress to extend an already-agreed-upon deadline, however, has not been settled. In 1978, Congress extended the previously-agreed-upon, seven-year limit on the ratification of the Equal Rights Amendment by more than three years from a March 22, 1979, original deadline to a June 30, 1982, revised deadline. It was accepted that if the deadline had been contained within the actual text of the amendment itself, Congress could not have extended it, as doing so would involve changing the text of an amendment already ratified by some of the states. In the case of the Equal Rights Amendment, however, it was argued that since the original March 22, 1979, deadline was contained in only the preamble of the joint resolution proposing the amendment—rather than in the actual text of the amendment itself—that the deadline could be altered. In 1981, a Federal District Court in Idaho, however, found that Congress did not have the authority to extend the deadline, even when only contained within the proposing joint resolution's preamble. Before the matter could be appealed to higher Federal courts, the three-year extension had itself expired, and the issue therefore became moot. To avoid this controversy with the 1978 constitutional amendment proposed to grant congressional representation to the residents of Washington, D.C., Congress returned to the habit of placing the deadline within the actual text of the amendment itself. The District of Columbia Voting Rights Amendment expired unratified in 1985. 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution which would have guaranteed equal rights under law for Americans regardless of sex. ... March 22 is the 81st day of the year in the Gregorian Calendar (82nd in Leap years). ... This page refers to the year 1979. ... June 30 is the 181st day of the year (182nd in leap years) in the Gregorian Calendar, with 184 days remaining. ... 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... March 22 is the 81st day of the year in the Gregorian Calendar (82nd in Leap years). ... This page refers to the year 1979. ... 1981 (MCMLXXXI) is a common year starting on Thursday of the Gregorian calendar. ... Official language(s) English Capital Boise Largest city Boise Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 14th 216,632 km² 491 km 771 km 0. ... Nickname: the District Motto: Justitia Omnibus (Justice for All) Official website: http://www. ... The District of Columbia Voting Rights Amendment was a proposed amendment to the United States Constitution. ... This article is about the year. ...


Proposed, but unratified, constitutional amendments

Twenty-seven amendments have been ratified and made part of the Constitution. However, four proposed amendments submitted to the states by Congress remain pending for ratification: Article One of the original Bill of Rights (proposed in 1789), the Titles of Nobility Amendment (proposed in 1810), the Corwin Amendment (proposed in 1861) and the Child Labor Amendment (proposed in 1924). Two other proposed amendments are no longer pending before the state legislatures—the Equal Rights Amendment (proposed in 1972 and expired, depending upon your point of view, in either 1979 or in 1982) and the just-mentioned District of Columbia Voting Rights Amendment (proposed in 1978 and expired in 1985). The Congressional Apportionment Amendment was, and remains, a proposed amendment to the United States Constitution. ... The Titles of Nobility Amendment (TONA) was, and remains, a proposed amendment to the United States Constitution. ... 1810 was a common year starting on Monday (see link for calendar). ... The Corwin Amendment was, and remains, a proposed amendment to the United States Constitution offered by Ohio Republican Congressman Thomas Corwin during the closing days of the 2nd Session of the 36th Congress in the form of House (Joint) Resolution No. ... 1861 is a common year starting on Tuesday. ... The Child Labor Amendment was, and remains, a proposed—and technically still-pending—amendment to the United States Constitution offered by Republican Ohio Congressman Israel Moore Foster during the 68th Congress in the form of House Joint Resolution No. ... 1924 (MCMXXIV) was a leap year starting on Tuesday (link will take you to calendar). ... The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution which would have guaranteed equal rights under law for Americans regardless of sex. ... 1972 (MCMLXXII) was a leap year that started on a Saturday. ... The District of Columbia Voting Rights Amendment was a proposed amendment to the United States Constitution. ...

The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ...

Scope

The scope of the power to amend the Constitution is with few limits. The original Constitution provided certain restrictions that applied until 1808. Before that year, no Amendment affecting the first and fourth clauses of Section Nine of Article One could be made. The first clause referred to prevented Congress from prohibiting the slave trade until 1808. No Amendment has been made to this clause, as its effect expired in 1808, the same year in which its alteration became permissible. The fourth clause bars the imposition of "direct taxes", except in proportion to the population of states (counting free persons and three-fifths of "others," i.e., slaves). The fourth clause has been superseded in part by the Sixteenth Amendment which was ratified in 1913. 1808 was a leap year starting on Friday (see link for calendar). ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... 1913 (MCMXIII) is a common year starting on Wednesday. ...


The only remaining restriction on the power of Congress to amend the Constitution relates to the Senate, in which each state is represented by two members. The Constitution prevents the offering of an amendment to deprive any state of its equal suffrage in the Senate without the consent of that state.


The still-pending Corwin Amendment, which was proposed by Congress in 1861, sought to prevent a future constitutional amendment to bar slavery. The proposal read, "No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State." The Corwin Amendment, however, was ratified by only two states before the Civil War broke out—no further states have ratified it since. The Corwin Amendment was, and remains, a proposed amendment to the United States Constitution offered by Ohio Republican Congressman Thomas Corwin during the closing days of the 2nd Session of the 36th Congress in the form of House (Joint) Resolution No. ... 1861 is a common year starting on Tuesday. ... The American Civil War (1861–1865) was fought in North America between the United States of America, called the Union and the Confederate States of America, a new nation formed by 11 seceding states. ...


External links


  United States Constitution Complete text at WikiSource

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7 The Constitution of the United States is the supreme law of the United States of America. ... The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... Article Four of the United States Constitution relates to the states. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27
 Formation  History of the Constitution | Articles of Confederation | Annapolis Convention | Philadelphia Convention | New Jersey Plan | Virginia Plan | Massachusetts Compromise | Connecticut Compromise | Federalist Papers | Signatories
 Amendments  Bill of Rights | Ratified | Proposed | Unsuccessful | Conventions to propose | State ratifying conventions
 Clauses  Commerce | Commerce (Dormant) | Contract | Copyright | Due Process | Equal Protection | Establishment | Full Faith and Credit | Impeachment | Natural–born citizen | Necessary and Proper | No Religious Test | Privileges or Immunities | Supremacy | Taxing and Spending | War Powers
 Interpretation  Congressional power of enforcement | Double jeopardy | Enumerated powers | Incorporation of the Bill of Rights | Nondelegation | Preemption | Separation of church and state | Separation of powers

  Results from FactBites:
 
United States Constitution - Wikipedia, the free encyclopedia (6250 words)
Article Two describes the presidency (the executive branch): procedures for the selection of the president, qualifications for office, the oath to be affirmed and the powers and duties of the office.
It also provides for the office of Vice President of the United States, and specifies that the Vice President succeeds to the presidency if the President is incapacitated, dies, or resigns, although whether this succession was on an acting or permanent basis was unclear until the passage of the 25th Amendment.
Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land.
The Constitution of the United States of America (4025 words)
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.
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