How can the U.S. Constitution be amended?
Article V of the U.S. Constitution prescribes how an amendment can become a part of the Constitution.
Article V of the U.S. Constitution prescribes how an amendment can become a part of the Constitution.
Article V reads “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
Under Article V, amendments to the Constitution must first be proposed, either by Congress or by a Constitutional Convention, and must then be ratified by three-fourths of the states.
All amendments to date have been proposed by Congress; the convention method of proposing amendments to the Constitution has never been used.
Have there been efforts to call a Constitutional Convention to amend the U.S. Constitution? How would it work?
Since 1789, state legislatures have submitted more than 400 calls for a constitutional convention. These petitions have dealt with a variety of topics, including the direct election of Senators, income taxes, congressional apportionment, school assignments, school prayer, and the federal budget. In several cases, these efforts have come very close to obtaining petitions from requisite two-thirds of state legislatures.
A number of questions surround the convention method of amending the Constitution. Must the petitions call for a convention be identical, very similar, or just deal with the same topic? Can petitions issued years or even decades apart be counted together? Can a convention be limited to considering amendments on a specific topic, or could a convention be free to consider any changes to the Constitution?
The following sources discuss these issues:
- Huckabee, David C . Constitutional Conventions: Political and Legal Questions.(Congressional Research Services. July 8, 1985.)
- Durbin, Thomas M.Amending the U.S. Constitution: by Congress or by Constitutional Convention. (Congressional Research Service. May 10, 1995.)
- Rogers, James Kenneth. "The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process." (Harvard Journal of Law & Public Policy. Vol. 30, Number 3. Summer 2007.)
Has Texas ever petitioned for a Constitutional Convention to propose amendments to the U.S. Constitution?
The Texas Legislature has passed a number of resolutions calling for a constitutional convention to propose amendments to the U.S. Constitution:
Is the Legislature currently considering any resolutions petitioning Congress to call a constitutional convention?
A number of resolutions have been filed relating to the United States Constitution, including several calling for a constitutional convention. You can find them under the subject "Resolutions--United States Constitution" at Texas Legislature Online.
