Which statement accurately describes how amendments to the U.S. Constitution can be proposed and ratified?

• A. Proposal by two-thirds of both houses of Congress or by a national convention called by two-thirds of the states; ratification by three-fourths of state legislatures or state conventions.
• B. A simple majority in Congress and a majority in state legislatures.
• C. An executive order followed by approval by the Supreme Court.
• D. A nationwide referendum by popular vote alone.

Answer: (A)

Proposing and ratifying amendments requires a two-stage process with broad, supermajority support. An amendment can be proposed either by a two-thirds vote in both houses of Congress or, theoretically, by a national constitutional convention called for by two-thirds of the states. To become part of the Constitution, the proposal must then be ratified by three-fourths of the states, and this ratification can occur either through state legislatures or through state ratifying conventions.

This structure comes from Article V of the Constitution, which is why a simple majority in Congress and in state legislatures isn’t enough to amend the document. It also explains why executive actions, like an executive order, or a Supreme Court ruling don’t amend the Constitution on their own—courts interpret laws and constitutional provisions, but do not add or change formal constitutional text. Likewise, a nationwide referendum by popular vote alone isn’t the mechanism used to amend the Constitution.

An example helps make sense of the process: some amendments have been ratified by state conventions rather than legislatures, illustrating the alternative ratification route allowed by the Constitution. The key idea is that both proposal and ratification require supermajorities and involve multiple states, not just a simple vote.