Article Five of the United States Constitution facts for kids

Article Five of the United States Constitution explains how the Constitution can be changed. These changes are called Constitutional amendments.

Article Five also mentions certain parts of Article One of the Constitution that could not be changed right away. These special parts are explained in the "Protected Clauses" section below.

What Article Five Says

The Congress, whenever two thirds of both houses shall think it necessary, shall suggest amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a meeting for suggesting amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when approved 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.

Why We Need to Change the Constitution

Before the Constitution, the United States had its first set of rules called the Articles of Confederation.

Under the Articles of Confederation, it was almost impossible to change anything. Every single one of the 13 state legislatures had to agree. If just one person in any state disagreed, the change would not happen.

When the Founding Fathers wrote Article Five, they wanted to make sure changing the Constitution was not too hard, but also not too easy. James Madison explained that the process should protect against:

• The Constitution changing all the time.
• Problems in the Constitution that could never be fixed.

This way, the Constitution could grow and adapt with the country.

How to Propose a Constitutional Change

The two main steps to change the U.S. Constitution.

There are two main steps to change the Constitution. The first step is to propose (officially suggest) an amendment. Article Five allows this in two ways.

Congress Proposes an Amendment

This is the most common way. Any member of Congress can suggest an amendment. However, two-thirds (about 67%) of both the United States Senate and the United States House of Representatives must agree that the change is needed.

If both parts of Congress agree, the suggested amendment moves to the next step: approval by the states.

States Propose an Amendment

This second way has never been used, but it's there to protect the states' rights. If two-thirds of the state legislatures ask for it, Congress must call a special meeting called a Constitutional Convention.

People from each state would attend this Convention. They could suggest as many amendments as they wanted. All proposed amendments would then move to the next step for approval.

The Founding Fathers added this option because they worried Congress might have too much power. This way, states also have a say in suggesting changes.

How to Approve a Constitutional Change

Once an amendment has been proposed, it needs to be approved (ratified). Article Five gives two choices for how an amendment can be approved. Congress decides which way to use.

State Legislatures Approve Amendments

Congress has almost always chosen this way. If three-fourths (75%) of the state legislatures approve the amendment, it becomes a part of the Constitution.

Special State Meetings Approve Amendments

The second option is for Congress to ask each state to create a "ratifying convention." This is a group of people, not state lawmakers, who decide whether to approve the amendment.

If these special meetings in three-fourths of the states approve the amendment, it becomes part of the Constitution.

Congress has only used this second option once. This was for the 21st Amendment, which made alcohol legal again. Congress thought state lawmakers might not approve it due to pressure from groups against alcohol. So, they let the people vote through these conventions. This shows how the Founders made sure the people could have a direct say.

Amendment Statistics

From 1789 to December 2014:

• About 11,539 amendments have been suggested in Congress.
• Congress has approved 33 (or 0.028%) of these and sent them to the states.
• States have approved 27 (or 81%) of the amendments sent to them, making them part of the Constitution.

Special Protected Parts of the Constitution

Article Five protected two parts in Article One from being changed until 1808. These parts were:

• Section 9, Clause 1: This part said Congress could not make it harder to import slaves.
• Section 9, Clause 4: This part said the amount of taxes a person paid depended on the number of people in their state.

Article Five also has one rule that cannot be changed. It completely protects Section 3, Clause 1 of Article One. This part says that every state will always have the same number of United States Senators. It says: "no state, without its permission, shall be stopped from its equal suffrage in the Senate." This means no state can lose its equal vote in the Senate unless it agrees to it.

How Power is Divided (Checks and Balances)

Article Five gives all the power for creating Constitutional amendments to the Legislative Branch. This includes the United States Congress and the state legislatures.

The President of the United States cannot change the Constitution. The United States Supreme Court also cannot create an amendment. The Supreme Court confirmed this in a 1798 case.

This is an example of the separation of powers (also called "checks and balances"). The Founding Fathers built this into the government. If the President or the Supreme Court could change the Constitution easily, they would have too much power. One person or a small group could make huge decisions for everyone.

Checks and Balances in Action

The Founders gave the job of changing the Constitution to the Legislative Branch. By requiring two-thirds of Congress and three-quarters of the states to agree, they made sure that a lot of debate, compromise, and thought would happen before any change was approved.

This also makes it hard for small "special interest" groups to control the vote.

The Founders even put checks on the Legislative Branch. If Congress gets too powerful, the states can make it call a Constitutional Convention. If the states get too powerful, ordinary Americans can vote on an amendment through ratifying conventions. This shows how the system ensures power is shared and balanced.

Why Amendments Are Important

The amendment process quickly became very important. North Carolina and Rhode Island would not approve the Constitution without a Bill of Rights. This meant they would not join the new United States Government.

In 1789, James Madison wrote the Bill of Rights. These were the first ten amendments to the Constitution, approved in 1791. Having a Bill of Rights convinced North Carolina and Rhode Island to join.

The amendment process in Article Five has allowed many other important changes to be added to the Constitution. For example:

• The Thirteenth Amendment (1865): Made slavery illegal.
• The Fourteenth Amendment (1868): Said all people born in the U.S. are citizens (including former slaves).
• The Fifteenth Amendment (1870): Gave men of all races the right to vote.
• The Nineteenth Amendment (1920): Gave women the right to vote.

If Article Five had made the Constitution too hard to change, many important rights might not exist today.

Images for kids

• 

  Resolution proposing the Nineteenth Amendment.

• 

  Tennessee certificate of ratification of the Nineteenth Amendment. This made the amendment part of the Constitution.

See also

In Spanish: Artículo V de la Constitución de los Estados Unidos para niños