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Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Article V of the Constitution prescribes how an amendment can become a part of the Constitution. While there are two ways, only one has ever been used. All 27 Amendments have been ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote.
The two things that couldn't be amended until 1808 were slavery-related (although the Framers, as they did on all the many slavery-related references in the Constitution, managed to slip them in there without mentioning the S-word).
Under Article V of the Constitution, there are two ways to propose and ratify amendments to the Constitution. To propose amendments, two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of the state legislatures can ask Congress to call a national convention to propose amendments.
The Constitution, then, spells out four paths for an amendment: Proposal by convention of states, ratification by state conventions (never used) Proposal by convention of states, ratification by state legislatures (never used) Proposal by Congress, ratification by state conventions (used once)
Congress must act on this call if at least two-thirds of the states (34 states) make the request. The convention would then propose constitutional amendments. Under the Constitution, such amendments would take effect if ratified by at least 38 states.
Amendments are often necessary because of the length of state constitutions, which are, on average, three times longer than the federal constitution, and because state constitutions typically contain extensive detail. In addition, state constitutions are often easier to amend than the federal constitution.
An amendment is a change to the Constitution. The first ten amendments to the Constitution became known as the Bill of Rights. These first amendments were designed to protect individual rights and liberties, like the right to free speech and the right to trial by jury.
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