What is the art 5 of the Constitution?
Asked by: Prof. Alek Murray | Last update: February 6, 2026Score: 4.7/5 (21 votes)
Article V of the U.S. Constitution outlines the process for amending the Constitution, allowing for changes through proposals by Congress (with a two-thirds vote) or a national convention (called by two-thirds of states) and subsequent ratification by three-fourths of state legislatures or conventions, with protections for equal Senate suffrage and some original clauses until 1808.
What is article 5 of the Constitution in simple terms?
U.S. Const. art. V (stating that amendments to the Constitution may be ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ).
What is article 5 simplified?
Article V spells out a few different ways in which the Constitution can be amended. One method—the one used for every amendment so far—is that Congress proposes an amendment to the states; the states must then decide whether to ratify the amendment.
What exactly is article 5?
"Article 5" most commonly refers to two significant international and national concepts: the NATO collective defense clause, stating an attack on one member is an attack on all, and Article V of the U.S. Constitution, detailing the process for amending the Constitution. NATO's Article 5 was invoked after 9/11, while the U.S. Constitution's Article V outlines how amendments are proposed (by two-thirds Congress or state legislatures) and ratified (by three-fourths of states).
Why is article 5 so important?
Article 5 states that if a NATO Ally sustains an armed attack, every other member of the Alliance will consider this as an armed attack against all members, and will take the actions it deems necessary to assist the attacked Ally.
Article V Explained
Has Article 5 ever been invoked?
Yes, NATO's Article 5, the collective defense clause, has been invoked only once in the alliance's history: in response to the September 11, 2001, terrorist attacks on the United States. The North Atlantic Council activated Article 5 on September 12, 2001, affirming that an attack on one member is an attack on all, leading to allied support for the U.S. in combating terrorism.
What happens if the 5th is violated?
Violating the Fifth Amendment, especially the right against self-incrimination (pleading the Fifth), means any forced confessions or coerced statements must be excluded as evidence in court, leading to suppressed confessions or dismissed charges; however, the right doesn't apply to non-testimonial evidence (like DNA) and has consequences in civil cases where juries can infer guilt from silence, highlighting that police must stop questioning if a suspect invokes these rights.
Does the president have the authority to pull out of NATO?
A U.S. President cannot unilaterally withdraw from NATO; recent legislation passed by Congress requires either a two-thirds Senate vote or a separate act of Congress to exit the alliance, blocking unilateral executive action, though legal challenges and potential political confrontations over this congressional authority remain.
What is amendment 5 in simple terms?
The Fifth Amendment simplifies to: you can't be forced to testify against yourself (right to remain silent), can't be tried twice for the same crime (double jeopardy), deserve fair legal procedures (due process), and your private property can't be seized for public use without fair payment (eminent domain), plus serious crimes need a grand jury indictment first. It's a set of legal protections ensuring fairness in the justice system.
Did NATO invoke article 5 in 2025?
Article 5 has been invoked only once in NATO history, after the September 11 attacks on the United States in 2001.
Did the founding fathers put God in the Constitution?
No, the U.S. Constitution does not explicitly mention God or a supreme being in its main text, a deliberate choice by the Founding Fathers to establish a secular government and protect religious freedom, though it does contain a date reference ("Year of our Lord") and the First Amendment prevents religious tests for office, reflecting a consensus on separation of church and state despite their personal faith.
What happens if NATO country attacks another NATO country?
If a NATO country attacks another, Article 5 (the "all for one" principle) doesn't directly apply as it's for external threats, but it triggers a crisis: allies would likely condemn the aggressor, consider expulsion, and face a fundamental breakdown of the alliance, potentially leading members to cease cooperation, effectively ending NATO's collective security, benefiting adversaries like Russia and China. There's no specific treaty procedure for inter-member war, but it's considered an existential threat, forcing members to decide on severe actions, with some leaders stating "everything stops".
Why is it bad to plead the 5th?
Invoking Fifth Amendment rights can lead to severe consequences, such as inferences of liability in civil cases or termination from employment for refusing to answer questions about corporate crimes.
What are the risks of Article V?
What could be at risk in an Article V convention? With no rules to govern or limit an Article V convention, any constitutional right or civil liberty could be subject to change, including: How close are we to an Article V convention? being called.
Can a president change the Constitution?
The Constitution does not give a president the power to violate the Constitution, create or change congressional statutes, or override U.S. Supreme Court decisions—no matter what the EOs say.
What is the world's most difficult Constitution to amend?
Far from being a badge of honor, the distinction of topping the global charts on constitutional rigidity is cause for alarm. Ancient and virtually impervious to amendment, the United States Constitution has withstood all modern efforts to renovate its outdated architecture on elections, federalism, rights, and beyond.
What is Article 5 of the Constitution for dummies?
Overview of Article 5
This means that a proposed amendment first has to pass the House of Representatives and Senate with a two-thirds vote, then be ratified by three-fourths of the states. Article 5 is, without a doubt, the most important piece of the Constitution when it comes to adapting and changing with the times.
Do illegal immigrants have rights under the Constitution?
The Constitution guarantees due process rights to all “persons,” not just citizens. This means non-citizens, including undocumented immigrants, are entitled to fair treatment under the law. This includes the right to defend themselves in court.
Why is amendment 5 so important?
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
Why did France leave NATO?
This decision led by French president Charles de Gaulle complicated relations between the U.S. and Europe amidst clashing American and Communist spheres of influence. Though France remained politically in NATO, its actions cast doubt onto the organization's future as a counter to Soviet military power and influence.
What are 5 things the president can't do?
The U.S. President cannot make laws, declare war, decide how federal money is spent, interpret laws, or appoint key officials like Cabinet members or Supreme Court Justices without Senate approval, highlighting constitutional limits on executive power through checks and balances with Congress.
What is the 2% rule of NATO?
NATO's 2% rule is a guideline, established in 2014, for member countries to spend at least 2% of their Gross Domestic Product (GDP) on defense annually, showing political commitment to shared security, though it's not a legally binding obligation but a benchmark for collective defense burden-sharing, with recent increases driven by heightened security concerns following Russia's aggression in Ukraine.
Can a judge overrule pleading the 5th?
This is one of the ways that criminal cases are very different from civil cases. In civil cases, such as divorce cases or protective orders, you can still assert your Fifth Amendment privilege if necessary, but the judge or the jury is allowed to assume that “pleading the Fifth” means something bad for you.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Can police officers invoke the 5th?
As a peace officer in the State of California, you can assert your Fifth Amendment rights during an internal administrative investigation.