Article 5 Josh Weinick Jess Zabrowsky Emily Zeman

This article describes the process of adding amendments to the constitution. First, amendments may be proposed by 2/3 of both houses of congress OR by a national convention assembled at the request of at least 2/3 of the legislatures of the states. For an amendment to become a part of the constitution it must be ratified by either the legislatures of three-fourths of the states OR three-fourths of the state ratifying conventions. Congress chooses the method for ratifying. The last part of this article states that amendments made before 1808 may not affect slave laws and direct tax stated in Article 1 of the constitution and that no state “shall be deprived of its equal Suffrage in the Senate.”

This clause is important to the Constitution because it allowed for an easier method to change laws and the government, and is the only part of the Constitution that allows for changes to be made. In the Articles of Confederation, all of the states had to agree to make a change to the Constitution, but this clause states that 2/3 of Congress and 3/4 of the states have to agree to make a change (amendment) to the Constitution. Therefore, this clause makes it easier to ratify an amendment than in the Articles of Confederation.

This article embodies the Constitutional principles of federalism, separation of powers, and checks and balances. The process of proposing and ratifying an amendment is divided between the federal and state government (federalism). Congress has the power to propose the amendments and have two thirds pass the proposal, but the states have the power to ratify it with a three fourths vote. Congress can propose an amendment whenever, “two thirds of both Houses shall deem it necessary”. This is separation of power because only Congress has the power to propose amendments. The article allows the states to check Congress’ power because they must ratify it before Congress’ proposed amendment is put into effect.