How is the US Constitution formally amended?
Explain the formal amendment process in Article V, including proposal by Congress or a national convention and ratification by the states, and why the process is deliberately difficult (Ohio AG content statement 7: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on the amendment process: the two ways to propose and the two ways to ratify an amendment under Article V, why the bar is set high, and how it has produced 27 amendments, with worked EOC-style questions.
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What this topic is asking
The Constitution can be changed, but only through a demanding process set out in Article V. Content statement 7 (the Basic Principles of the US Constitution topic) asks you to explain the two ways to propose an amendment and the two ways to ratify one, and why the framers made it so hard. On the EOC, expect a diagram of the process or a scenario and a question about the steps or the reason for the high bar.
The two stages
So there are four possible paths (two ways to propose times two ways to ratify), but almost every amendment has used the same path: proposed by Congress, ratified by state legislatures.
Why the bar is so high
The numbers are the point. Two-thirds to propose and three-fourths to ratify are supermajorities, far above a simple majority.
This difficulty is why the Constitution has lasted so long with only 27 amendments, and why most proposed amendments fail (see how the Constitution changes, which covers the informal ways the meaning shifts without a formal amendment).
Federalism in the process
Notice that the amendment process involves both levels of government: the national government (Congress) usually proposes, and the states must ratify. This reflects federalism, the division of power between the national and state governments. No amendment can pass without the states' approval, which keeps them part of changing the supreme law.
Try this
Q1. State the two ways to propose and the two ways to ratify an amendment. [2]
- Cue. Propose: two-thirds of Congress, or a national convention called by two-thirds of the states. Ratify: three-fourths of state legislatures, or conventions in three-fourths of the states.
Q2. Explain why the framers made the amendment process difficult. [2]
- Cue. High supermajorities keep the Constitution stable and require broad agreement, so it cannot be changed by a small or temporary majority.
Exam-style practice questions
Practice questions written in the style of ODEW exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Ohio Am. Government EOC1 marksUnder the most commonly used method, an amendment to the US Constitution is proposed byShow worked answer →
A single-select item assessing the amendment process (content statement 7).
Correct answer: a two-thirds vote of both houses of Congress.
Credit is given for recognizing that the usual way to propose an amendment is a two-thirds vote in both the House and the Senate. A distractor saying a simple majority of Congress is wrong, because the high two-thirds bar is what makes the process difficult, and that difficulty is the point of the item.
Ohio Am. Government EOC2 marksExplain why the framers made the amendment process difficult.Show worked answer →
A short constructed-response style item assessing the reasoning behind Article V (content statement 7).
A complete answer gives the purpose. Sample: "The framers made the amendment process difficult on purpose. Proposing an amendment takes a two-thirds vote, and ratifying it takes three-fourths of the states, both high supermajorities. This high bar keeps the Constitution stable, so it cannot be changed by a small or temporary majority or in the heat of the moment. It forces broad agreement across the country and across both levels of government before the supreme law is altered. The result is that the Constitution has been amended only 27 times in more than two centuries." Credit is given for explaining that the high supermajorities keep the Constitution stable and require broad agreement before change.
Related dot points
- Explain that, as the supreme law of the land, the US Constitution incorporates basic principles that define the United States as a federal republic, including popular sovereignty, limited government, separation of powers, checks and balances, federalism, and the rule of law (Ohio AG content statement 5: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on the basic principles of the US Constitution: popular sovereignty, limited government, separation of powers, checks and balances, federalism, and the rule of law, and how they define the United States as a federal republic, with worked EOC-style questions.
- Explain that the Bill of Rights was drafted in response to the national debate over ratification, and summarize the protections in the first ten amendments and the limits they place on government (Ohio AG content statement 8: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on the Bill of Rights: why it was added during the ratification debate, what the first ten amendments protect, and how they limit government power, with worked EOC-style questions.
- Explain that constitutional government has changed over time through formal amendments, Supreme Court decisions, legislation, and informal practices, and give examples of each (Ohio AG content statement 7: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on how constitutional government changes: formal amendments, Supreme Court decisions, legislation, and informal practices such as political parties and executive agreements, with worked EOC-style questions.
- Explain that the Reconstruction Amendments (13th, 14th, and 15th) extended new constitutional protections to African Americans, and that the struggle to fully achieve equality continued (Ohio AG content statement 9: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on the Reconstruction Amendments: how the 13th, 14th, and 15th Amendments abolished slavery, granted citizenship and equal protection, and barred race-based voting denial, and why the struggle for equality continued, with worked EOC-style questions.
- Explain that constitutional amendments have provided civil rights such as suffrage for disenfranchised groups, tracing how the 15th, 19th, 24th, and 26th Amendments expanded the right to vote (Ohio AG content statement 10: Basic Principles of the US Constitution).
An Ohio American Government EOC answer on the suffrage amendments: how the 15th, 19th, 24th, and 26th Amendments expanded the right to vote to new groups, and how suffrage broadened over time, with worked EOC-style questions.
Sources & how we know this
- Ohio's Learning Standards for Social Studies (American Government) — Ohio Department of Education and Workforce (2018)
- Constitution of the United States: A Transcription (Article V) — US National Archives (1787)