Short answer
A constitutional amendment becomes part of the US Constitution after the Article V process, including ratification by the required states. A federal statute is enacted through Congress and presentment. Congress cannot amend the Constitution merely by passing an ordinary bill. 1 2
Both can change federal law, but an amendment changes the Constitution while a statute is ordinary legislation under it.
On this page
At a glance
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| Question | Constitutional amendment | Statute |
|---|---|---|
| Legal level | Part of the Constitution | Federal law subject to Constitution |
| Adoption | Article V proposal and state ratification | Congressional passage and presentment |
| Example | Twenty-Sixth Amendment | An enacted federal act |
The table summarizes the cited definitions and the article’s stated scope. 1 2
What each thing is
Constitutional amendment. A change to the US Constitution adopted through the Article V proposal and ratification process. 1
Statute. A law enacted by Congress through the federal legislative process. 2
Key differences
Article V uses supermajority proposal routes and ratification by three-fourths of states. Ordinary federal legislation uses the process for bills, including bicameral passage and presentment. Courts can assess a statute against constitutional requirements. 1 2
How to tell them apart
Check the citation. Numbered constitutional amendments are part of the Constitution; public laws and United States Code sections are statutes. A proposed amendment is not an amendment in force until ratified through the required process. 1 2
Where they overlap
Both are written legal texts and can affect the same subject. Congress may pass statutes implementing constitutional provisions, but the statute does not become constitutional text. 1 2
Edge cases
Some states have their own constitutions and amendment processes; this page is about the federal Constitution. A statute can be difficult to change politically without having constitutional rank. Legal interpretation can affect the practical meaning of either text. 1 2
Why the distinction exists
A higher threshold for constitutional change distinguishes the country foundational framework from ordinary lawmaking. 1 2
Common misconceptions
A bill labeled “constitutional” is not automatically a constitutional amendment. A President signature does not substitute for state ratification under Article V. 1 2
Examples
The Twenty-Sixth Amendment changed the Constitution voting-age rule. Congress can enact statutes about election administration, but they remain statutes. 1 2
Sources
Sources checked October 3, 2026.
- Congress.gov / Library of Congress — U.S. Constitution. Article V.
- Congress.gov / U.S. House Parliamentarian — How Our Laws Are Made. Legislative process.