Constitutional Amendment

A constitutional amendment is a formal change or addition to the U.S. Constitution, proposed by a two-thirds vote in both houses of Congress (or a national convention) and ratified by three-fourths of the states, making it one of the few ways to permanently override a Supreme Court interpretation.

Verified for the 2027 AP US Government examLast updated June 2026

What is Constitutional Amendment?

A constitutional amendment is a formal, permanent change to the text of the Constitution itself. Article V lays out the process. An amendment can be proposed by a two-thirds vote in both the House and Senate, or by a national convention called by two-thirds of state legislatures. It then has to be ratified by three-fourths of the states. That double supermajority is intentional. The framers wanted the Constitution to be changeable, but only when there's overwhelming national agreement, not just a temporary majority.

For AP Gov, the amendments themselves do a huge amount of work across the course. The first ten (the Bill of Rights) anchor all of Unit 3's civil liberties content. The 14th Amendment is arguably the most-tested amendment in the entire course because its due process clause powers selective incorporation and its equal protection clause powers civil rights cases like Brown v. Board. And the amendment process itself shows up in Unit 2 as one of the formal checks Congress and the states hold over the Supreme Court.

Why Constitutional Amendment matters in AP Gov

Constitutional amendments thread through three units. In Unit 2, the CED lists ratification of a constitutional amendment as one of the ways other branches can limit the Supreme Court's power (AP Gov 2.11.B), and the 22nd Amendment's term limits show up as evidence of concern about expanding presidential power (AP Gov 2.6.A). In Unit 3, almost every topic is built on a specific amendment. The First Amendment grounds free speech doctrine (AP Gov 3.3.A), the Second, Fourth, and Eighth Amendments frame the individual-freedom-versus-public-order debate (AP Gov 3.6.A), the 14th Amendment drives selective incorporation (AP Gov 3.7.A) and equal protection rulings (AP Gov 3.12.A), and the Ninth Amendment supports arguments for unenumerated rights like privacy (AP Gov 3.9.A). In Unit 4, the amendment process reflects core values like rule of law (AP Gov 4.1.A). If you can name the right amendment for a given scenario, you've won half the battle on most Unit 3 questions.

How Constitutional Amendment connects across the course

Bill of Rights (Unit 3)

The Bill of Rights is just the first ten constitutional amendments, ratified together in 1791. Every civil liberties topic in Unit 3 traces back to one of these amendments, so knowing which right lives in which amendment is non-negotiable.

Selective Incorporation and the 14th Amendment (Unit 3)

The 14th Amendment is the bridge that makes the Bill of Rights apply to state governments, not just the federal one. Through its due process clause, the Court has extended protections like free speech and the right to counsel to the states one case at a time.

Checks on the Judicial Branch (Unit 2)

When the Supreme Court interprets the Constitution, the only way to permanently overrule that interpretation is to change the Constitution itself. That's why the CED lists amendment ratification as a formal check on judicial review.

Expansion of Presidential Power (Unit 2)

The 22nd Amendment capped presidents at two terms after FDR won four. The CED uses it as evidence that the country worried about presidential power growing too large, which makes it a great example for arguments about formal limits on the executive.

Is Constitutional Amendment on the AP Gov exam?

Multiple-choice questions usually test amendments through application, not recitation. You'll get a scenario and have to identify which amendment is at stake. For example, practice questions ask which amendment's interpretation was shaped by the 'separate but equal' doctrine (the 14th), which amendment Allan Bakke relied on in his admissions challenge (also the 14th, equal protection), and how selective incorporation connects the Bill of Rights to the states. On FRQs, amendments are your evidence. The SCOTUS comparison FRQ almost always turns on a constitutional clause from an amendment, and the argument essay rewards you for citing specific amendments rather than vague 'constitutional rights' language. Also be ready to name amendment ratification as a check on the Supreme Court when a question asks how other branches limit judicial power.

Constitutional Amendment vs Federal legislation (like the Civil Rights Act of 1964)

An amendment changes the Constitution itself and requires supermajorities in Congress plus three-fourths of states. A law just needs a simple majority and the president's signature, and the Supreme Court can strike it down. The Civil Rights Act of 1964, Title IX, and the Voting Rights Act are laws, not amendments. Students mix these up constantly on Unit 3 questions about government responses to social movements.

Key things to remember about Constitutional Amendment

  • A constitutional amendment must be proposed by two-thirds of both houses of Congress (or a national convention) and ratified by three-fourths of the states, which is why only 27 exist.

  • Ratifying an amendment is one of the formal checks on the Supreme Court because it permanently overrides the Court's interpretation of the Constitution.

  • The 14th Amendment is the workhorse of Unit 3, powering both selective incorporation (due process clause) and civil rights cases like Brown v. Board (equal protection clause).

  • The 22nd Amendment, which limits presidents to two terms, is the CED's go-to evidence that Americans grew concerned about expanding presidential power.

  • The Civil Rights Act of 1964 and Title IX are statutes, not amendments, so don't call them amendments on an FRQ.

  • The Ninth Amendment supports arguments for unenumerated rights, like privacy, that aren't explicitly listed in the Constitution.

Frequently asked questions about Constitutional Amendment

What is a constitutional amendment in AP Gov?

It's a formal change or addition to the Constitution's text, proposed by a two-thirds vote in both houses of Congress (or a national convention) and ratified by three-fourths of the states under Article V. There are 27 total, and the first ten are the Bill of Rights.

Is the Civil Rights Act of 1964 a constitutional amendment?

No. It's a federal statute passed by simple majorities in Congress, not an amendment ratified by the states. The CED treats it as a policy response to a social movement (Topic 3.11), and unlike an amendment, a future Congress could repeal it.

How is a constitutional amendment different from a Supreme Court ruling?

A Court ruling interprets the Constitution and can be overturned by a later Court, while an amendment changes the actual text and can only be undone by another amendment. That's why the CED lists amendment ratification as a check on the Supreme Court's power (LO 2.11.B).

Why is the 14th Amendment so important on the AP Gov exam?

Its due process clause is the vehicle for selective incorporation, applying the Bill of Rights to the states, and its equal protection clause is the basis for cases like Brown v. Board of Education (1954) and Bakke's admissions challenge. It connects nearly every Unit 3 topic.

Can the president veto a constitutional amendment?

No. The president has no formal role in the Article V process. Amendments go straight from a two-thirds congressional vote (or convention) to the states for ratification by three-fourths of them.