Changing the “DNA” of a nation is designed to be difficult. The Framers of the U.S. Constitution purposefully built a “rigid” system to ensure that the country’s foundational laws couldn’t be altered by the whims of a temporary political majority. Yet, they also knew the document had to evolve. If you’ve ever wondered how to amend the Constitution, you’re looking at one of the most rigorous legal hurdles in the world.
In 2026, as national debates intensify over everything from term limits to digital privacy, the conversation around Article V—the section governing amendments—is more relevant than ever. Since 1789, nearly 12,000 amendments have been proposed, but only 27 have succeeded.
In this guide, I’ll break down the two-step process of proposal and ratification, the “secret” second path that has never been used, and why this process remains the ultimate test of national consensus.
Key Takeaways
- Article V is the Map: The entire amendment process is governed by Article V of the U.S. Constitution.
- The Two-Step Dance: Every amendment must be Proposed (by Congress or a Convention) and then Ratified (by the States).
- Supermajorities Required: You need a two-thirds (2/3) vote to propose and a three-fourths (3/4) vote to ratify.
- The “Unused” Path: Two-thirds of state legislatures can call for a National Convention, a method that has never been successfully triggered.
- No Presidential Veto: The President has no formal role in the process; they cannot sign or veto a constitutional amendment.
1. Step One: Proposing the Amendment
There are two ways to get an amendment “on the ballot.” Think of this as the primary hurdle where an idea becomes an official proposal.
Method A: The Congressional Path (The Standard)
Every single one of the 27 current amendments began this way. Two-thirds of both the House of Representatives and the Senate must vote in favor of the proposed amendment. This requires significant bipartisan cooperation, which is why amendments are so rare in today’s polarized climate.
Method B: The Convention Path (The Wildcard)
If Congress refuses to act, the states have a “backup” power. If two-thirds of state legislatures (34 out of 50) apply for it, Congress must call a national convention to propose amendments. While this has never happened, many “Article V Convention” movements are active in 2026, targeting issues like balanced budgets.
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2. Step Two: Ratification by the States
Once an amendment is proposed, it is sent to the 50 states. It doesn’t become law until it is ratified by three-fourths of the states (38 out of 50). Congress gets to choose which of two methods the states must use to ratify.
Ratification by State Legislatures
This is the most common route. The amendment is sent to the state houses and senates. If 38 states pass it by a simple majority within their own legislatures, the Constitution is changed.
Ratification by State Conventions
Congress can instead require states to hold special “ratifying conventions” made up of elected delegates. This has only happened once—for the 21st Amendment, which repealed Prohibition. This method bypasses state politicians and puts the decision closer to a direct vote of the people.
The Four Pathways to Amendment
| Route | Proposal Method | Ratification Method | Frequency |
| Path 1 | 2/3 of House & Senate | 3/4 of State Legislatures | 26 times |
| Path 2 | 2/3 of House & Senate | 3/4 of State Conventions | 1 time |
| Path 3 | National Convention | 3/4 of State Legislatures | Never |
| Path 4 | National Convention | 3/4 of State Conventions | Never |
3. Why the President Can’t Stop It
One of the most common misconceptions about how to amend the Constitution is that the President has to sign off. In the landmark case Hollingsworth v. Virginia (1798), the Supreme Court ruled that the President’s signature is not required. Because an amendment is a “collective act” of the people’s representatives and the states, it bypasses the executive branch entirely.
4. Time Limits: The “Reasonable” Rule
Does an amendment proposal last forever? Not usually. Since the early 20th century, Congress has typically included a 7-year deadline for ratification. If 38 states don’t sign on by then, the amendment “dies.” However, if no deadline is set, it can linger for centuries—like the 27th Amendment, which took 202 years to be ratified!
Conclusion
Amending the Constitution is the ultimate “heavy lift” of American democracy. It requires a level of national agreement that transcends party lines and geographic divides. While the process is dauntingly slow, it ensures that any change to our supreme law is backed by an overwhelming majority of the people. Whether we see a 28th Amendment in 2026 or 2046, it will only happen through the rigorous path of Article V.
Would you like me to provide a list of the most popular proposed amendments currently being debated in state legislatures this year?
FAQ Section
Q: Can the Supreme Court strike down an amendment?
A: No. The Supreme Court’s job is to interpret the Constitution. Once an amendment is ratified, it becomes part of the Constitution itself. The Court cannot rule a piece of the Constitution “unconstitutional.”
Q: How many states are needed to block an amendment?
A: Because 38 states are needed to ratify, a group of just 13 states can “kill” an amendment by refusing to pass it. This is why highly controversial amendments rarely make it across the finish line.
Q: What was the most recent amendment?
A: The 27th Amendment, ratified in 1992. It prevents members of Congress from giving themselves a pay raise that takes effect before the next election. Interestingly, it was originally proposed in 1789 by James Madison!
Q: Can a state “un-ratify” or rescind its vote?
A: This is a major legal gray area in 2026. Historically, once a state notifies the National Archives of its ratification, it is considered “done.” Several states have tried to rescind their votes on the Equal Rights Amendment (ERA), but the legality of doing so has never been definitively settled by the Supreme Court.
