Articles V, VI, VII
Amendment Process, Supremacy, and Ratification
Article V: Amendment Process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof...
Proposal Methods
- 1. 2/3 of Congress proposes
- 2. 2/3 of state legislatures call convention
Ratification Methods
- 1. 3/4 of state legislatures
- 2. 3/4 of state conventions
Article VI: Supremacy Clause
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The Supremacy Clause Establishes:
- Constitution is the highest law
- Federal laws override state laws when they conflict
- Treaties are binding on all states
- State judges must follow federal law
Article VII: Ratification
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Only 9 of 13 states needed to ratify (not unanimous like the Articles of Confederation required). Delaware was first (December 7, 1787); New Hampshire was the 9th state, making the Constitution official (June 21, 1788). Rhode Island was last (May 29, 1790).
Key Takeaways
- Article V - Amendments require supermajorities (2/3 to propose, 3/4 to ratify)
- Supremacy Clause - Federal law trumps state law
- No religious test for holding office
- 27 amendments have been ratified since 1789
AP Exam Connection
Unit 1 — Constitutional Foundations (15–22% of AP exam)
The Supremacy Clause (Article VI) and the Amendment Process (Article V) are both high-frequency AP targets. Know the two proposal methods and the ratification threshold. The Supremacy Clause is the basis for federal preemption — established in McCulloch v. Maryland (1819). Know what 'preemption' means and when it applies.
Memory Tricks
"Amendment: 2/3 propose, 3/4 ratify. Two paths in, two paths out." Proposed by 2/3 of both chambers of Congress OR by a convention called by 2/3 of state legislatures. Ratified by 3/4 of state legislatures OR by conventions in 3/4 of states. In practice, all 27 amendments used the congressional proposal + state legislature ratification path.
"Supremacy Clause = federal law is always on top of the hierarchy." Article VI declares the Constitution and federal laws made pursuant to it the 'supreme Law of the Land.' State laws directly conflicting with valid federal law are preempted — they yield to federal law. Judges in every state are bound by this hierarchy.
AP-Style Writing Practice
Article V establishes the constitutional amendment process and Article VI establishes the constitutional hierarchy through the Supremacy Clause.
- Identify the two methods by which an amendment can be proposed under Article V, and explain why one method has been used for all 27 amendments while the other has never been used.
- Explain how the Supremacy Clause operates when a state law conflicts with a valid federal law, giving one example of federal preemption.
- Evaluate whether Article V's amendment process is too difficult, making the Constitution too rigid, or appropriately difficult, protecting fundamental law from hasty revision.
Tip: Part A: Congressional proposal (2/3 both chambers) vs. state convention (2/3 of state legislatures call for convention). The convention method has never been used because Congress prefers to control amendment proposals. Part B: When federal law and state law directly conflict, the Supremacy Clause preempts state law. Part C must take a position.