What is the minimum number of state legislatures necessary to ratify the U.S Constitution?

Question

I've read in my text books and on the Web that the minimum number of states necessary to ratify the U.S Constitution is is three-quarters of the country, but doing the math that comes upto 37.5 states, which doesn't make much sense. So what is it?

Answer 1

Zero. A constitutional amendment can be ratified with the approval of zero state legislatures. But we'll get back to that.

One way to ratify an amendment is with at least 3/4 of the state legislatures. 37 out of 50 is 0.74. That's not at least 0.75. So, 37 would be not enough. 38 or more would be enough.

But Article V also allows ratification by state constitutional conventions, which can be convened and authorized separately from the state legislature. So, even if no state legislatures approve, 38 state constitutional conventions would still be enough.

Answer 2

I imagine that they would have to round up to 38, since if they had 37 states ratify it, it would not be enough. But I'm willing to bet that when amendments are ratified, more than 38 states would do it.

Don't forget that 2/3rds of Congressmen from BOTH houses must vote for it, before it moves on. And getting 2/3rds of the Senate would be hard, considering that would be 66.666666666...

Answer 3

Well, last time I checked, I think the Constitution passed OK, so you don't really need to worry about it, but we all appreciate the concern.

In terms of a constitutional amendment, then yes, you would need 3/4 of the states to ratify the amendment. So if we got 37 yes votes, then no, it doesn't pass.....but if we get 38, then it does.

Answer 4

38

Answer 5

I think you are asking "How many states does it take to ratify an amendment to the Constitution...