Article V requires approval by two-thirds of both houses of Congress, or by a convention called at the request of two-thirds of state legislatures, followed by ratification by three-fourths of the states. Congress chooses whether states ratify through their legislatures or conventions; the president has no formal role in the process.
That demanding, two-stage procedure is designed to make constitutional change possible while requiring broad agreement across the country. Understanding what Article V requires also means distinguishing the proposal stage from ratification—and seeing why neither route can amend the Constitution on its own.
| Stage or route | Trigger or decision-maker | Threshold or choice |
|---|---|---|
| Congressional proposal | House and Senate | Two-thirds of each house |
| Convention call | State legislatures apply; Congress calls | Applications from two-thirds of states |
| Ratification by legislatures | Congress selects this method | Three-fourths of states |
| Ratification by conventions | Congress selects this method | Three-fourths of states |
- 2/3 of each house Congressional threshold to propose an amendment
- 2/3 of state legislatures Application threshold for Congress to call a proposing convention
- 3/4 of the states Ratification threshold
- 34 of 50 states Two-thirds threshold when the Union has 50 states
- 38 of 50 states Three-fourths threshold when the Union has 50 states
What two routes can propose a constitutional amendment?
Article V provides two routes for proposing a constitutional amendment: Congress can propose one with approval from two-thirds of both the House of Representatives and the Senate, or Congress must call a proposing convention after applications from the legislatures of two-thirds of the states. Both routes begin the proposal process; neither makes an amendment part of the Constitution without a separate ratification step.
- Congressional route: The House and Senate each must reach the two-thirds threshold. Approval in only one chamber is not enough to propose an amendment through this route.
- State-application route: Legislatures in two-thirds of the states must apply for a convention, and Article V directs Congress to call it. The applications come first; the congressional call follows.
The two routes differ in where the proposal process begins: congressional approval in the first, state-legislature applications in the second. In both cases, proposing an amendment is distinct from ratifying it, so neither route by itself changes the Constitution.
What does the two-thirds threshold mean in Congress?
Under Article V, proposing a constitutional amendment requires the approval of two-thirds of the House of Representatives and, separately, two-thirds of the Senate; the votes are not added together into one congressional total. A simple majority in either chamber does not meet that proposal threshold.
Article V provides two alternative ways to propose an amendment: Congress may propose it by the required vote in both chambers, or Congress must call a convention after applications from the legislatures of two-thirds of the states. These are different proposal routes, not different rules for ratification.
Presidential approval is not part of the proposal vote
An amendment proposed by Congress does not go to the president for approval or a veto. The two-thirds requirement applies to each chamber’s proposal vote; it is distinct from the later ratification stage, which Article V assigns to the states.
How can state legislatures trigger a proposing convention?
State legislatures trigger Article V’s proposing-convention route by applying to Congress, with applications from two-thirds of the states required before Congress must call a convention. The applications activate that constitutional duty; they are not themselves a convention call or a proposed amendment.
The threshold and what follows
Article V sets the application threshold at two-thirds of the states and separately requires ratification by three-fourths of the states for any amendment proposed through a convention. The convention route therefore changes how an amendment is proposed, not the ratification threshold it must meet.
Article V specifies the two-thirds application threshold and Congress’s duty to call a convention, but it does not lay out a detailed operating code for the convention. Its text leaves procedural questions about how such a convention would operate unanswered; those questions do not change the stated requirements for triggering the call or ratifying an amendment.
How does ratification differ from proposing an amendment?
Ratification differs from proposing an amendment because proposal puts an amendment forward, while ratification gives it the required state approval to become part of the Constitution. Under Article V, Congress may propose an amendment through either of two routes; neither proposal is itself an adopted amendment.
Two stages, two kinds of convention
Article V lets Congress choose whether ratification will occur through state legislatures or through ratifying conventions in the states. A proposing convention is a separate stage: it proposes an amendment, while state ratifying conventions consider whether to approve a proposal. The word “convention” therefore describes different bodies performing different functions, not a single continuing process.
Whichever proposal route is used, ratification requires approval by three-fourths of the states. Until that threshold is met through the ratification method Congress selected, the proposal has not become part of the Constitution. In short, proposal starts the process; the required state ratifications complete it.
What limits and common misunderstandings matter under Article V?
Article V’s limits turn on distinct stages: two-thirds is the threshold for proposing an amendment, while three-fourths is the threshold for ratifying it. The proposal threshold and ratification threshold are not interchangeable; meeting the first does not complete the second.
Proposal is not ratification
Under Article V, applications from two-thirds of state legislatures call for Congress to convene a convention to propose amendments; that application threshold does not itself authorize states to amend the Constitution or make any proposal effective. Congressional approval alone is also insufficient: after Congress proposes an amendment, it becomes part of the Constitution only if three-fourths of the states ratify it, using the method Congress selects.
Article V separately protects each state’s equal suffrage in the Senate: no state may be deprived of that equal representation without its consent. This safeguard is narrower than a general veto over constitutional amendments; its stated protection concerns a state’s equal suffrage in the Senate.
Which fixed numbers define the Article V process?
Article V sets two proposal thresholds: approval by two-thirds of each house of Congress, or applications from the legislatures of two-thirds of the states. For a Union of 50 states, two-thirds corresponds to 34 states. The congressional route counts votes in both houses; the state route counts legislative applications.
Ratification and the 50-state count
Article V requires ratification by three-fourths of the states, whether states act through their legislatures or through conventions. With 50 states, that threshold is 38 states. The proposal and ratification thresholds are distinct: 34 states can meet the state-application threshold, while 38 states are needed for ratification.
These counts apply to a Union of 50 states, not to every possible number of states. Article V states the thresholds as fractions—two-thirds and three-fourths—rather than fixing permanent counts of 34 and 38.
Frequently asked questions
Does a proposed amendment become law as soon as Congress approves it?
How many states are needed to apply for an Article V convention?
Can the president veto a proposed constitutional amendment?
Who chooses how states ratify an amendment?
Key takeaways
- Two proposal routes: two-thirds of each chamber of Congress, or applications from two-thirds of state legislatures.
- Ratification is a separate step requiring three-fourths of the states.
- At 50 states, the thresholds are 34 states to trigger a convention application call and 38 to ratify.
- Article V protects each state’s equal suffrage in the Senate from being removed without that state’s consent.
