There are only two ways to propose a U.S. Constitutional Amendment, as stated in Article V of the U.S. Constitution:
- ⅔ of each house of Congress can vote to propose an amendment, or
- ⅔ of the states (34 states) can pass a resolution that calls for a national convention to propose an amendment.
Article V also states that either way the amendment is proposed, whether by Congress or a convention, it then goes back to the states for approval (aka “ratification”). The ratification stage requires ¾ of the states, 38 states, to vote in support of an amendment before it becomes part of the Constitution, ensuring that it must have broad public support from the American people.
It is well known that all 27 of our U.S. Constitutional Amendments were proposed by Congress. What is not as well-known is that more than half of those Amendments were initiated by calls for an Article V Convention, including the Bill of Rights. History shows us that pressure from the states is an important and effective check against the federal government. It is essential that we learn from history, and the most popular example of this strategy working effectively is the 17th amendment. When Congress refused to change the way they were elected, the states began applying for an Article V Convention for the specific purpose of the direct election of senators. When they got within a couple of states of the ⅔ needed to force a convention on the subject, Congress decided to act and proposed the amendment out to the states for ratification.