Article Five of the United States Constitution in the context of Twenty-second Amendment to the U.S. Constitution


Article Five of the United States Constitution in the context of Twenty-second Amendment to the U.S. Constitution

⭐ Core Definition: Article Five of the United States Constitution

Article Five of the United States Constitution describes the procedure for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. Article Five is silent regarding deadlines for the ratification of proposed amendments, but most amendments proposed since 1917 have included a deadline for ratification. Legal scholars generally agree that the amending process of Article Five can itself be amended by the procedures laid out in Article Five, but there is some disagreement over whether Article Five is the exclusive means of amending the Constitution.

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Article Five of the United States Constitution in the context of Constitution of the United States

The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution defined the foundational structure of the federal government.

The drafting of the Constitution by many of the nation's Founding Fathers, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Influenced by English common law and the Enlightenment liberalism of philosophers like John Locke and Montesquieu, the Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into the legislative, bicameral Congress; the executive, led by the president; and the judiciary, within which the Supreme Court has apex jurisdiction. Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the process of constitutional amendment. Article VII establishes the procedure used to ratify the constitution.

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Article Five of the United States Constitution in the context of Nineteenth Amendment to the United States Constitution

The Nineteenth Amendment (Amendment XIX) to the United States Constitution prohibits the United States and its states from denying the right to vote to citizens of the United States on the basis of sex, in effect recognizing the right of women to vote. The amendment was the culmination of a decades-long movement for women's suffrage in the United States, at both the state and national levels, and was part of the worldwide movement towards women's suffrage and part of the wider women's rights movement. The first women's suffrage amendment was introduced in Congress in 1878. However, a suffrage amendment did not pass the House of Representatives until May 21, 1919, which was quickly followed by the Senate, on June 4, 1919. It was then submitted to the states for ratification, achieving the requisite 36 ratifications to secure adoption, and thereby went into effect, on August 18, 1920. The Nineteenth Amendment's adoption was certified on August 26, 1920.

Before 1776, women had a vote in several of the colonies in what would become the United States, but by 1807 every state constitution had denied women even limited suffrage. Organizations supporting women's rights became more active in the mid-19th century and, in 1848, the Seneca Falls convention adopted the Declaration of Sentiments, which called for equality between the sexes and included a resolution urging women to secure the vote. Pro-suffrage organizations used a variety of tactics including legal arguments that relied on existing amendments. After those arguments were struck down by the U.S. Supreme Court, suffrage organizations, with activists like Susan B. Anthony and Elizabeth Cady Stanton, called for a new constitutional amendment guaranteeing women the same right to vote possessed by men.

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Article Five of the United States Constitution in the context of 1st United States Congress

The 1st United States Congress, comprising the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in New York City and later at Congress Hall in Philadelphia. With the initial meeting of the First Congress, the United States federal government officially began operations under the new (and current) frame of government established by the 1787 Constitution. The apportionment of seats in the House of Representatives was based on the provisions of Article I, Section 2, Clause 3, of the Constitution. Both chambers had a Pro-Administration majority. Twelve articles of amendment to the Constitution were passed by this Congress and sent to the states for ratification; the ten ratified as additions to the Constitution on December 15, 1791, are collectively known as the Bill of Rights, with an additional amendment ratified more than two centuries later to become the Twenty-seventh Amendment to the United States Constitution.

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Article Five of the United States Constitution in the context of Twenty-seventh Amendment to the United States Constitution

The Twenty-seventh Amendment (Amendment XXVII, also known as the Congressional Pay Amendment or the Congressional Compensation Act of 1789) to the United States Constitution states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred. It is the most recently adopted amendment but was one of the first proposed.

The 1st Congress submitted the amendment to the states for ratification on September 25, 1789, along with 11 other proposed amendments (Articles I–XII). The last ten Articles were ratified in 1791 to become the Bill of Rights, but the first two, the Twenty-seventh Amendment and the proposed Congressional Apportionment Amendment, were not ratified by enough states to come into force with them.

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Article Five of the United States Constitution in the context of Congressional Apportionment Amendment

The Congressional Apportionment Amendment (originally titled Article the First) is a proposed amendment to the United States Constitution that addresses the number of seats in the House of Representatives. It was proposed by Congress on September 25, 1789, but was never ratified by the requisite number of state legislatures. As Congress did not set a time limit for its ratification, the Congressional Apportionment Amendment is still pending before the states. As of 2025, it is one of six unratified amendments.

In the 1st United States Congress, James Madison put together a package of constitutional amendments designed to address the concerns of Anti-Federalists, who were suspicious of federal power under the new constitution. The Congressional Apportionment Amendment is the only one of the twelve amendments passed by Congress which was never ratified; ten amendments were ratified by 1791 as the Bill of Rights, while the other amendment (Article the Second) was later ratified as the Twenty-seventh Amendment in 1992. A majority of the states did ratify the Congressional Apportion Amendment and, by the end of 1791, the amendment was just one state short of adoption. However, no state has ratified the amendment since 1792.

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Article Five of the United States Constitution in the context of Convention to propose amendments to the United States Constitution

A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, state convention, or amendatory convention is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: on the Application of two thirds of the State legislatures (that is, 34 of the 50) the Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states (38 of the 50). The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States.

While there have been calls for an Article V Convention based on a single issue such as the balanced budget amendment, it is not clear whether a convention summoned in this way would be legally bound to limit discussion to a single issue; law professor Michael Stokes Paulsen has suggested that such a convention would have the "power to propose anything it sees fit", whereas law professor Michael Rappaport and attorney-at-law Robert Kelly believe that a limited convention is possible.

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