How a Constitutional Amendment Actually Happens
Article V of the Constitution sets a deliberately high bar — amendments are supposed to require broad, lasting agreement, not a passing majority.
Step One
Proposal
Two-thirds of both the House and Senate vote to propose the amendment — or two-thirds of state legislatures call a national convention for that purpose. Every amendment in U.S. history has come through Congress; the convention route has never been used.
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Step Two
Ratification
Three-fourths of the states — 38 of 50 — must ratify, either through their state legislatures or state ratifying conventions, whichever method Congress specifies. Only then does the amendment become part of the Constitution.
No president, court, or single Congress can amend the Constitution alone — by design.