Articles V, VI, and VII: Amending the Constitution

An amendment is a formal revision or addition to the U.S. Constitution. There have been 27 amendments to the Constitution; the first 10 of these amendments are known as the Bill of Rights.

In theory, there are two different ways that an amendment can be added to the Constitution:

A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
Two-thirds of the state legislatures could ask Congress to call a Constitutional Convention.

So far, as of 2024, new amendments have been ratified only by the first method. A Constitutional Convention has never been called. More than 11,000 amendments have been proposed, but only 27 have been ratified.

What is the amendment process to the Constitution? (Article V)

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 … and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

The Supremacy Clause says that the U.S. Constitution is the “supreme law of the land,” or that federal law overrides state laws.

What is the purpose of the Supremacy Clause? (Article VI, Section 2)

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

The Constitution would become the “law of the land” when 9 of the 13 original states ratified it. The process of ratifying the Constitution became a fierce public debate, with two factions emerging: the Federalists and the Anti-Federalists. The Federalists advocated for the ratification of the Constitution, while the Anti-Federalists vehemently opposed it. James Madison, Alexander Hamilton, and John Jay wrote a defense of the Constitution in the Federalist Papers, which explained the intentions behind the new structure of government and how it protects the rights of the people.

How was the Constitution ratified? (Article VII)

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.