The goal is to give readers clear, sourced answers they can use when evaluating public claims about amending the Constitution, with links to primary documents and authoritative explanations.
What Article V says: proposal and ratification
Text of Article V in plain language
The Constitution sets the framework for proposing and ratifying amendments in Article V. The text describes two proposal routes and two ratification modes, and those basic rules form the starting point for any change to the national text. For the authoritative wording and a full transcription, see the National Archives Constitution transcription National Archives Constitution transcription or read the Constitution online on this site read the Constitution online
The two-step structure: proposal and ratification
Article V creates a two-step process: first an amendment is proposed, then it is ratified by the states. That separation matters because different actors and different thresholds apply at each stage. For a clear legal and historical explanation of that structure, consult the Constitution Annotated Article V overview Constitution Annotated Article V
explain the constitutional amendment process
The constitutional amendment process therefore depends on specified supermajorities at the proposal stage and a supermajority of states at ratification; those numbers are rooted in Article V rather than ordinary statute. For the primary document and background references, the National Archives provides the original text and amendment pages National Archives Constitution transcription
Quick links to primary texts for Article V
Use these primary sources to read the exact wording
In short, Article V names who proposes, who ratifies, and the thresholds that must be met to add an amendment to the Constitution. Those constitutional thresholds are the legal baseline for any amendment effort and are often cited in official records and analysis Constitution Annotated Article V
How many votes in Congress to propose an amendment
Two-thirds in the House
When Congress proposes an amendment, it requires a two-thirds vote in the House of Representatives. That supermajority is higher than a simple majority and reflects the framers’ intent to limit changes to broadly supported measures. The Constitution Annotated describes this requirement and legislative practice Constitution Annotated Article V
Two-thirds in the Senate
Similarly, the Senate must approve a proposed amendment by a two-thirds vote. The two-chamber supermajority is a constitutional requirement and applies separately in each chamber rather than to a combined total. For the constitutional text and explanation, see the National Archives transcription National Archives Constitution transcription
How the arithmetic works: 290 and 67
In practical arithmetic terms for 2026, two-thirds of the 435-member House equals 290 votes (two-thirds of 435 rounds to 290). Two-thirds of the 100-member Senate equals 67 votes. Those vote counts are straightforward calculations of the constitutionally required two-thirds threshold and are often cited in procedural summaries Constitution Annotated Article V
Because the numbers are fixed by chamber size, a proposed amendment from Congress cannot proceed without meeting these supermajorities in both chambers. This requirement distinguishes a congressional proposal from ordinary legislation that needs only a simple majority in each chamber National Archives Constitution transcription
How many states to call a convention and to ratify an amendment
Convention of states: the 34-state trigger
Article V also provides a convention route: if two-thirds of state legislatures apply, Congress must call a convention for proposing amendments. Two-thirds of 50 states equals 34 state applications, which is the numerical trigger specified by the Constitution Annotated and is grounded in the Article V language Constitution Annotated Article V (see discussion from Common Cause Common Cause)
Ratification: the 38-state rule
Ratification of any proposed amendment requires approval by three-quarters of the states. Three-quarters of 50 states equals 38 states, whether ratification occurs through state legislatures or state conventions as directed by Congress. This three-quarters threshold is part of Article V and is described in primary archival summaries National Archives amendment overview
Modes of ratification: legislatures or state conventions
Article V gives Congress the choice of which ratification mode to use: state legislatures or state conventions. When Congress prescribes the mode, states follow that route for deciding their approval. Historical records and procedural guides lay out how this choice has been exercised in past amendments National Archives amendments pages
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The National Archives and the Constitution Annotated are useful starting points for reading the exact rules for state triggers and ratification; read on for historical context.
Because Article V specifies the numeric triggers, those state counts are constitutional rules rather than statutory shortcuts, and they determine the threshold that must be met before an amendment becomes part of the Constitution Constitution Annotated Article V
History so far: how amendments have actually been proposed and ratified
All successful amendments were proposed by Congress
Historically, every amendment that has been ratified was proposed by Congress. That consistent practice means the convention route in Article V has not been used to propose any of the 27 successful amendments to date, according to archival histories and congressional records National Archives amendments pages (see historical overview at Wikipedia)
The 21st Amendment and state conventions
The 21st Amendment, ratified in 1933, is the one clear historical instance where states used conventions rather than their legislatures to ratify an amendment. That ratification mode is documented in National Archives materials and remains the sole example of this approach in U.S. amendment history National Archives amendments pages
The convention-of-states route in practice
Although Article V includes a convention-of-states trigger, no national convention under Article V has actually been convened to propose amendments in U.S. history. The record shows that Congress has been the proposing body for all successful changes to the text Constitution Annotated Article V
If states call a convention: open questions and organization
What Article V does not specify
Article V names the convention trigger but does not set detailed rules for how a national convention would be organized, how delegates would be chosen, or how proposals would be structured. Those omissions create uncertainty about the mechanics of any future convention and are widely noted in legal and scholarly summaries Constitution Annotated Article V
Scholarship highlights several open procedural questions, including whether a convention could limit its agenda, how voting within the convention would be handled, and what legal recourse states or Congress might have if disputes arise. These are active areas of debate among constitutional scholars and practitioners Library of Congress amendment process guide and summarized in reports such as the Constitution Center review Constitution Center
Under Article V, a congressional proposal needs two-thirds approval in both chambers (290 House votes and 67 Senate votes in current arithmetic), or a convention is called when 34 state legislatures apply; ratification requires approval by three-quarters of states (38 of 50).
Because Article V leaves these organizational details unspecified, practitioners disagree on the likely shape and governance of a convention, and observers must treat any prediction as tentative rather than settled law Library of Congress amendment process guide
Congress’s role in ratification and time limits
How Congress prescribes the mode of ratification
Congress controls whether ratification occurs by state legislatures or by state conventions. That authority comes from Article V and has been exercised in past amendments when Congress specified the ratification mode in the proposing resolution Constitution Annotated Article V
Congressional deadlines and legal debates
Congress has sometimes attached time limits to the ratification period for specific proposed amendments, though the Constitution itself does not set deadlines. Legal scholars note debates about the validity and scope of those time limits and how they affect the ratification process Library of Congress amendment process guide
Past examples and their procedural terms
Historical proposals show variation in how Congress has framed ratification windows and procedural steps, and those examples inform contemporary discussions about whether deadlines are legally binding in each case. Readers interested in exact procedural language can consult the National Archives amendment records for examples National Archives amendments pages
Common misunderstandings and pitfalls
Confusing simple majorities with Article V thresholds
A common mistake is to assume a simple majority can propose or ratify an amendment. Article V requires higher thresholds at both the proposal and ratification stages, so claims that treat a simple majority as sufficient misread the constitutional rules Constitution Annotated Article V
Assuming a convention’s rules are preordained
Another pitfall is to assume the procedural rules for a convention are already established. Article V provides the trigger but not the rulebook, so assuming a modern convention would mirror state constitutional conventions or other precedents can be misleading Library of Congress amendment process guide
Misreading historical examples
Readers also sometimes misinterpret the 21st Amendment example. The 21st used state conventions for ratification, but that single example does not mean state conventions are the usual path. The broader historical record shows congressional proposal and state-legislature ratification as the norm National Archives amendments pages
Practical scenarios: sample tallies and what they mean
If Congress approves by two-thirds in both chambers
If the House records 290 votes in favor and the Senate records 67, Congress will have met Article V’s two-thirds requirement in each chamber and a proposed amendment would then go to the states for ratification. Those arithmetic tallies correspond to two-thirds of each chamber’s membership and are the standard way to state the requirement Constitution Annotated Article V
If 34 state legislatures apply for a convention
If 34 state legislatures apply, that two-thirds trigger would, under Article V, require Congress to call a convention for proposing amendments. However, because Article V does not specify organizational rules, the practical steps following a 34-state trigger would involve contested procedural questions Constitution Annotated Article V
Counting ratifications: how 38 states matter
After a proposed amendment is sent to the states, the change becomes effective only when 38 states ratify it, whether by their legislatures or by conventions as Congress prescribed. The 38-state threshold is the three-quarters requirement set by Article V and is the decisive final step in the process National Archives amendments pages
Where to track proposed amendments and ratification status
Primary sources: National Archives and Constitution pages
For authoritative texts and official ratification records, consult the National Archives Constitution transcription and the amendments pages. These primary sources publish the original texts and historical ratification notices National Archives Constitution transcription. You can also see our constitutional rights hub for related materials constitutional rights page
Congressional resources and Library of Congress
The Constitution Annotated on Congress.gov provides legal and procedural commentary, and the Library of Congress offers accessible guides to the amendment process. Together these resources explain both the constitutional text and its legislative application Constitution Annotated Article V. For background and how this topic connects to our site, see our about page About
Official ratification records and notices
Ratification records and official notices of amendment status are kept in archival collections and government publications. For current status checks and historical ratification certificates, the National Archives offers the definitive repository of records National Archives amendments pages
Key takeaways: the numbers that matter
To propose an amendment by Congress, a two-thirds vote in both chambers is required (290 in the House and 67 in the Senate). To propose by convention, 34 state applications are needed to trigger a convention.
To ratify, three-quarters of the states must approve, which equals 38 states, whether by state legislatures or state conventions as Congress prescribes. Historically, Congress has proposed all successful amendments, and a national Article V convention remains unused.
For the original text and official records consult the National Archives and the Constitution Annotated for authoritative details.
A two-thirds vote in each chamber is required; in current arithmetic that means 290 votes in the House and 67 in the Senate.
Three-quarters of the states must ratify an amendment, which equals 38 of the 50 states, either by state legislatures or by state conventions if Congress directs.
No. Historically all 27 ratified amendments were proposed by Congress; a national Article V convention has not been used to propose an amendment.
Understanding these thresholds helps clarify why amendment proposals require broad agreement and why debates about a convention are focused as much on organization as on support.
