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been adopted.

And two of them—Prohibition and its repeal—cancel each other


out, so that overall only 15 amendments have been added since 1791, despite
vast changes in American society and its economy.
Four methods of amendment are provided for in Article V:

1. Passage in House and Senate by two-thirds vote; then ratification by major-


ity vote of the legislatures of three-fourths (now 38) of the states.
2. Passage in House and Senate by two-thirds vote; then ratification by conven-
tions called for that purpose in three-fourths of the states.
3. Passage in a national convention called by Congress in response to petitions
by two-thirds (now 34) of the states; ratification by majority vote of the
legislatures of three-fourths of the states.
4. Passage in a national convention, as in method 3; then ratification by con-
ventions called for that purpose in three-fourths of the states.

(Figure 2.2 illustrates each of these methods.) Because no amendment has ever
been proposed by national convention, however, routes 3 and 4 have never been

Figure 2.2
ROUTES OF AMENDMENT

THE NATIONAL LEVEL: THE STATE LEVEL:


PROPOSAL OF RATIFICATION OF
AMENDMENTS AMENDMENTS

Route 1
C
A
Acceptance by
Passage in House majority vote in the
and Senate, each by legislatures of
two-thirds vote* Route 2 three-fourths (38)
of the states

B
Route 3 D
Passage in a national
Acceptance by
convention called by
conventions called
Congress in
for that purpose in
response to petitions Route 4 three-fourths (38)
by two-thirds (34)
of the states
of the states**

* In each amendment proposal, Congress has the power to choose the method of ratification, the
time limit for consideration by the states, and other conditions of ratification.
** This method of proposal has never been employed. Thus amendment routes 3 and 4 have never
been attempted.

Changing the Institutional Framework: Constitutional Amendment 63

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