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Article V of the Constitution explains the amendment process of the Constitution, that is, how the Constitution may be amended. There are two processes for proposing amendments, either by two-thirds vote in each house of Congress or by an Article V Convention. All amendments thus far to the Constitution have been by proposal of Congress.

The reason a convention to propose amendments, or Article V Convention has never been called despite the 750 applications from all 50 states, is because Congress refuses to obey the Constitution and call the convention. The Constitution mandates that if two-thirds of the state legislatures (34) apply for a convention, Congress must call it. A convention can only propose amendments to the present Constitution and is not empowered to write or propose a new or replacement Constitution.

Regardless of how an amendment is proposed it must be ratified in the states either by three fourths vote in the state legislatures or by three fourths vote in state ratifying conventions. The method of ratification is by choice of Congress but Congress has no power to withhold a proposed amendment or veto it once it has been ratified.

Once an amendment is ratified, it becomes part of our present Constitution.

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15y ago

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