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at least three quarters (38 of 50) have to approve 

Before an Amendment can be added to the Constitution, at least three-fourths of the states need to approve it. The process to adding an Amendment to the US Constitution happens in two steps: Proposal and Ratification.

The proposal can happen in a national convention, or the amendment can be proposed by the Congress. Then, in order to be ratified the states vote on the legislature.

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