A proposed amendment to the U.S. Constitution is ratified when three-fourths of the states approve it, using the method Congress specifies: approval by state legislatures or by state conventions. Congress sets a deadline when it proposes an amendment, and the amendment becomes part of the Constitution once the required number of states ratifies it.
The process gives states the decisive role after Congress proposes an amendment. Understanding how a proposed amendment is ratified by states means following both the approval threshold and the choice of ratifying body—two rules that shape whether a proposal becomes constitutional law.
| Option or rule | Who approves | Concrete detail |
|---|---|---|
| Legislative ratification | State legislatures | Used for 26 of 27 successful amendments |
| Convention ratification | State conventions | Requires approval in three-fourths of the states |
| Ratification threshold | States | Three-fourths |
| Congressional deadline | States ratifying an amendment | Seven years since 1917 in the supplied summary, except for the 19th Amendment |
- 3/4 of the states Article V ratification threshold
- 7 years Deadline Congress has included in amendment resolutions since 1917, with the 19th Amendment as an exception in the supplied summary
- 26 of 27 Successful amendments ratified through state legislatures
- 1917 Year the practice of limiting the ratification period began, with the 18th Amendment
How a proposed amendment is ratified under Article V
Article V ratification requires approval from three-fourths of the states: Congress proposes an amendment, then selects whether state legislatures or state ratifying conventions will consider it. A state’s approval counts toward that threshold, but no state can enact a federal constitutional amendment on its own.
Two routes to state approval
- State legislatures: Each state legislature votes on ratification. This method has ratified 26 of the Constitution’s 27 amendments.
- State conventions: Congress may instead direct states to use ratifying conventions. Article V leaves the choice between these methods to Congress.
Whichever method Congress selects, the threshold remains three-fourths of the states; approval by fewer states does not ratify the proposal. Congress may also set a deadline for ratification. The Supreme Court upheld that authority in Dillon v. Gloss; the deadline practice began with the 18th Amendment in 1917, while the 19th Amendment was an exception to the later seven-year-deadline practice.
What are the two methods states can use to ratify?
States can ratify a proposed constitutional amendment in either of two ways: approval by three-fourths of state legislatures or approval by conventions in three-fourths of the states. Article V of the U.S. Constitution provides both methods, but Congress specifies in its proposal which one states must use.
- State legislatures: The amendment goes to state legislatures, and ratification requires approval from three-fourths of them. This route has been used for 26 of the 27 amendments that have been ratified.
- State conventions: The amendment goes to conventions held in the states, and ratification requires approval in three-fourths of the states. This is a separate route from legislative approval.
Congress makes the choice between these routes when it proposes an amendment; individual states do not select the method for themselves. Once Congress specifies the route, states consider ratification through that process rather than choosing between the two options.
How does a state legislature act on a proposed amendment?
A state legislature considers a proposed federal amendment and decides whether to ratify or reject it under the method Congress specified. The Richmond law review overview treats the legislature’s decision-making process as a distinct issue in federal amendment ratification, separate from questions such as whether a state can rescind an earlier ratification.
State procedures are not established here
The available material does not specify a uniform vote count or a required sequence for the chambers of state legislatures. Those details should not be assumed to be the same across states; the grounded point is that each legislature makes a ratification-or-rejection decision under Congress’s specified method.
That method is distinct from any deadline Congress may set for ratification. The supplied material says the Supreme Court upheld Congress’s authority to impose such deadlines in Dillon v. Gloss, but it does not identify a deadline for a current or future proposed amendment.
When can Congress set a ratification deadline?
Congress may set a deadline for state ratification in the resolution proposing a constitutional amendment. The Supreme Court upheld that authority in Dillon v. Gloss, establishing that Congress can prescribe a time limit for states to act.
Congress began using ratification deadlines in 1917, starting with the resolution proposing the 18th Amendment. Since then, amendment resolutions have generally included a seven-year deadline; the 19th Amendment is identified as an exception in the supplied summary. The deadline is set in the proposing resolution, rather than supplied as a standing time limit in the Constitution.
No current or future deadline for any proposed amendment is specified in the available material. A seven-year period describes Congress’s practice, not a deadline that can be assumed to apply automatically to every proposal.
What are the limits and common mistakes in the ratification process?
Ratification mistakes include treating three-fourths as a simple majority, assuming all amendments use the same state process, and overlooking deadlines or the age of a proposal. Article V requires approval by three-fourths of the states—not merely a majority—for ratification.
Article V provides two routes for state ratification: state legislatures or state conventions. Congress specifies which route applies in each proposing resolution, so the process for one amendment cannot be assumed to govern another. A deadline is also not automatic under Article V’s text; Congress may set one in the resolution proposing an amendment.
Deadlines and old proposals
Dillon v. Gloss upheld Congress’s authority to impose ratification time limits and addressed whether a proposal could remain open indefinitely. The practice of adding a seven-year deadline began with the 18th Amendment in 1917, but it is not a rule written into Article V itself. The supplied source also cautions that clearly outdated proposals may no longer be open for ratification, so an old proposal should not be treated as permanently available.
How many amendments have used each state-ratification method?
The 26th of the 27 successful constitutional amendments were ratified by state legislatures; the remaining amendment was ratified by state conventions. The Congressional Research Service summary gives this breakdown of completed amendments.
Article V provides two state-ratification methods: approval by state legislatures or by conventions in the states. The 26-to-1 tally records which method was used for amendments that succeeded; it does not require Congress to select the legislative method for future proposals.
Frequently asked questions
How many states must ratify a proposed amendment?
Who decides whether legislatures or state conventions ratify?
Can Congress set a deadline for ratification?
Does every state follow the same legislative procedure?
Key takeaways
- Article V requires approval by three-fourths of the states.
- Congress selects legislature or convention ratification.
- Dillon v. Gloss upheld congressional ratification deadlines.
- The supplied summary describes seven-year deadlines since 1917, with the 19th Amendment as an exception.
- The legislature method ratified 26 of the 27 successful amendments.
Sources
- everycrsreport.com — “Ratification of Amendments to the U.S. Constitution – EveryCRSReport.com”
- Library of Congress — “Congressional Deadlines for Ratification of an Amendment | Constitution Annotated | Congress.gov”
- LII / Legal Information Institute — “Congressional Deadlines for Ratification of an Amendment | U.S. Constitution Annotated | US Law”
- scholarship.richmond.edu — “State Legislative Ratification of Federal Constitutional Amendments: An Overview”
- law.justia.com — “Proposing a Constitutional Amendment”
