Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, 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 of states called for by two-thirds of the state legislatures.[1] 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.[2] 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 V 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 V can itself be amended by the procedures laid out in Article V, but there is some disagreement over whether Article V is the exclusive means of amending the Constitution.

In addition to defining the procedures for altering the Constitution, Article V also shields three clauses in Article I from ordinary amendment by attaching stipulations. Regarding two of the clauses—one concerning importation of slaves and the other apportionment of direct taxes—the prohibition on amendment was absolute but of limited duration, expiring in 1808; the third was without an expiration date but less absolute: "no state, without its consent, shall be deprived of its equal Suffrage in the Senate." Scholars disagree as to whether this shielded clause can itself be amended by the procedures laid out in Article V.

This statement by Washington has become controversial, and scholars[which?] disagree about whether it still describes the proper constitutional order in the United States.[35] Scholars[which?] who dismiss Washington's position often argue that the Constitution itself was adopted without following the procedures in the Articles of Confederation,[36] while Constitutional attorney Michael Farris disagrees, saying the Convention was a product of the States' residual power, and the amendment in adoption process was legal, having received the unanimous assent of the States' legislatures.[37]

Article V lays out the procedures for amending the Constitution, but does not explicitly state whether those procedures apply to Article V itself. According to law professor George Mader, there have been numerous proposals to amend the Constitution's amending procedures, and "it is generally accepted that constitutional amending provisions can be used to amend themselves." Even so, Article V has never been amended.[26][27]

See also