Article V spells out two different ways the Constitution can be amended.
The first method used for every amendment so far is that Congress proposes an amendment to the states; the states must then decide whether to ratify the amendment. However, for Congress to propose an amendment, two-thirds of each House of Congress must vote for it. Then, three-quarters of the states must ratify the amendment before it is added to the Constitution. So, if slightly more than one-third of the House of Representatives, slightly more than one-third of the Senate, or thirteen out of the fifty states object to a proposal, it will not be an amendment by this route. In that way, a small minority of the country can prevent an amendment from being added to the Constitution.
Article V provides a second way, allowing states to bypass a hostile Congress, although it has never been used. Article V says that on the Application of two-thirds of the State Legislatures, Congress shall call a Convention for proposing amendments. The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification. As with an amendment proposed by Congress, three-quarters of the states would have to ratify the amendment(s) to become part of the Constitution.
Alexander Hamilton explained the Article V Convention process in unmistakable terms, “the words of this article are peremptory. The Congress ‘shall call a convention.’ Nothing in this particular is left to the discretion of that body.”
The ministerial nature of congressional duties and the requirement that it call a convention at the behest of two-thirds of the state legislatures supports the conclusion that ... Congress acts primarily as the state legislatures’ agent. From the nature of that role, it follows that Congress may not impose its own rules on the states or a convention of states.... In the state application-and-convention procedures, the states are in the position of the property owner, Congress as the manager and the convention for proposing amendments in the place of the contractor.
For more information and to sign the petition calling for a Convention of States go to:
The source for the above information regarding Article V can be found at this link:
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