Eleanor Finch
State constitutions in the United States are much easier to amend than the federal constitution. While the U.S. Constitution has been amended only 27 times, state constitutions have been amended around 7,000 times, with an average of 115 amendments per state. The ease of amending state constitutions is reflected in the fact that states like Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year. In contrast, states like Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years. The amendment process varies across states, with some requiring majority or supermajority legislative support, while others allow amendments by citizen initiatives or a combination of both processes.
| Characteristics | Values |
|---|---|
| Difficulty level to amend | State constitutions are easier to amend than the federal constitution. |
| Number of amendments | The federal constitution has been amended 27 times, while state constitutions have an average of 115 amendments and collectively contain more than 7,000 amendments. |
| Length | State constitutions are nearly four times the length of the federal constitution. |
| Amendment process | The federal constitution requires a two-thirds vote by both houses of Congress or a convention called by two-thirds of the states for proposing an amendment, while state legislatures generate more than 80% of constitutional amendments and vary in their requirements for legislatures to craft amendments. |
| Voter involvement | In 18 states, voters can place a constitutional amendment on the ballot without legislative involvement by collecting a certain number of signatures. In four states, amendments must be approved by a majority of voters in the entire election. |
| Signature requirements | Signature requirements for citizen-initiated amendments vary by state, with Arizona and Oklahoma setting the highest bar at 15% of votes cast in the last gubernatorial election, and Massachusetts the lowest at 3%. |
| Legislative approval | 10 states allow amendments to be approved by a majority vote in a single session, while 25 states require a supermajority legislative vote. |
| Ballot frequency | Some states have laws that automatically place the question of holding a constitutional convention on the ballot every 10 or 20 years. |
| Prohibited topics for amendments | Amendments cannot relate to religion, religious practices, or religious institutions; the judiciary; reversing judicial decisions; or powers, creation, or abolition of courts. |
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What You'll Learn
State constitutions are amended more often than the federal constitution
State constitutions are amended more frequently than the federal constitution. The US Constitution is notoriously challenging to change and has only been amended 27 times. In contrast, state constitutions are amended regularly, with the current 50 state constitutions amended approximately 7,000 times.
The reasons for this discrepancy are rooted in the varying requirements and processes for amending state versus federal constitutions. Amending the US Constitution requires a two-thirds vote by both houses of Congress or a convention called by two-thirds of the states. Following this, ratification demands approval from three-fourths of state legislatures or state conventions. The current political polarization and the state-based structure of the amendment process pose additional challenges.
On the other hand, state constitutions offer multiple paths for amendments, making the process more accessible. While the specific procedures differ across states, the state legislature's role is crucial. State legislatures generate over 80% of constitutional amendments considered and approved annually. Some states require majority backing from legislators, while others mandate supermajority support. The least burdensome route is allowing amendments by a majority vote in a single session, available in 10 states. Twenty-five states set a higher threshold, with 16 requiring a two-thirds vote.
Additionally, 18 states recognize the right of citizens to adopt amendments through a constitutional initiative, bypassing the legislature. These initiatives may require signatures ranging from 3% to 15% of votes cast in the last gubernatorial election. Some states, like Colorado, also have geographic distribution requirements for signature collection. Once an initiative meets the signature threshold, it proceeds to the ballot for voter approval, with requirements varying from a simple majority to a 55% vote.
The ease of amending state constitutions has significant implications. While they cannot infringe upon federally protected rights, they can protect additional rights. For instance, Michigan voters added the "fundamental right to vote" to their state constitution, and Nevada adopted a state-level Equal Rights Amendment. This flexibility allows states to adapt their constitutions to the evolving needs and values of their citizens.
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State constitutions are longer than the federal constitution
State constitutions are far easier to amend than the federal constitution. While the US Constitution is difficult to change, with amendments requiring a two-thirds vote by both houses of Congress, or a convention called by two-thirds of the states, state constitutions offer multiple paths for amendments and are amended far more frequently. The US Constitution has been amended only 27 times, while state constitutions have been amended around 7,000 times, with an average of 115 amendments each.
This is partly because state constitutions are far lengthier documents, often resembling statutes rather than high-level frameworks for governing. The Alabama constitution, for example, contains over 350,000 words and hundreds of amendments. The Ohio Constitution provides intricate rules for drawing district lines, while the Michigan Constitution has lengthy provisions on voter registration and absentee ballots. The Texas Constitution even includes detailed banking provisions, going so far as to authorise the use of ATM machines.
The ease of amending state constitutions is also due to the variety of processes available for their amendment. In 18 states, voters can place a constitutional amendment on the ballot without legislative involvement by collecting a certain number of signatures. This is known as a citizen-initiative or constitutional initiative process. The number of signatures required varies by state, with Arizona and Oklahoma setting the highest bar at 15%, and Massachusetts the lowest at 3%. Some states also have geographic distribution requirements, such as collecting signatures from a minimum percentage of registered voters in each state senate district.
Legislatively-referred constitutional amendments are another common method of amending state constitutions. In Kansas, for instance, either house of the state legislature can propose an amendment, which must then be approved by two-thirds of the members of each chamber. The proposed amendment is then put to a statewide ballot, and if a simple majority of voters agree, it becomes part of the constitution. Ten states allow amendments to be approved by a majority vote in a single session, while 25 states require a supermajority legislative vote, with 16 of those states mandating a two-thirds vote.
The right to amend state constitutions is considered a cornerstone of state democracy, recognising the people's sovereignty as an active, ongoing commitment. However, this right is currently under threat from state legislatures, which are imposing stringent signature requirements, supermajority approval mandates, and restrictive deadlines and wording requirements for popular initiatives.
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State legislatures generate most constitutional amendments
State constitutions are much easier to amend than the federal Constitution. While the US Constitution has been amended only 27 times, state constitutions have been amended around 7,000 times, with an average of 115 amendments per state.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. The requirements for legislatures to craft amendments vary across states. Some require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. Some states require legislative support to be expressed in a single session, while others need two consecutive sessions.
The simplest way to obtain legislative approval for amendments is to allow amendments by a majority vote in a single session, which is possible in 10 states. Twenty-five states have a higher threshold, with 16 requiring a two-thirds vote in a single session.
In addition to the state legislature, there are other ways to amend state constitutions. Seventeen states allow amendments via citizen-initiative processes. Legislators typically cannot block these citizen-initiated amendments from appearing on the ballot. However, Massachusetts requires citizen-initiated amendments to secure support from a quarter of legislators in two consecutive sessions. Florida is unique in that it has commissions that can place amendments directly on the ballot.
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State amendment processes vary
Some states have a higher threshold for approving amendments, requiring a supermajority legislative vote in a single session. Nine states require a three-fifths vote, while sixteen states demand a two-thirds vote. Additionally, some states, like Colorado, have distribution requirements for initiated amendments, mandating signatures from a minimum percentage of registered voters across state Senate districts.
The frequency of state constitutional amendments also varies. For instance, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. In contrast, Tennessee, Kentucky, Indiana, Illinois, and Vermont make amendments only once every three to four years, on average.
The specific processes for amending state constitutions differ as well. For example, the process of amending the Massachusetts Constitution is governed by Article XLVIII, which allows for amendments through indirect initiative amendments while imposing restrictions on certain types of petitions. In Kansas, either house of the state legislature can propose an amendment, which, if approved by a two-thirds majority in each chamber, goes on the next statewide ballot.
Voters in several states have passed amendments that have added new rights to their state constitutions.
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State constitutions are more majoritarian
State constitutions are generally more majoritarian than the US Constitution. This is because they are easier for the majority to change, for example through the initiative process. This ease of amendment poses a threat to individual rights, especially those of racial and other minorities.
The US Constitution is notoriously difficult to amend. Proposing an amendment requires a two-thirds vote by both houses of Congress, or a convention called by two-thirds of the states. Ratification requires the approval of three-quarters of state legislatures or state conventions. By contrast, state constitutions offer multiple paths for amendment, and the process is generally less burdensome and closer to the people.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. The requirements for legislatures to craft amendments vary across states. The easiest route to legislative approval of amendments is to permit a majority vote in a single session, which is available in 10 states. Twenty-five states set a higher threshold by requiring amendments to be proposed by a supermajority legislative vote in a single session, by a three-fifths vote in 9 of these states and a two-thirds vote in 16 states.
In 18 states, voters can place a constitutional amendment directly on the ballot without legislative involvement if they collect a certain number of signatures. This is known as a citizen-initiative process. The number of signatures required varies across states, ranging from 3% to 15% of the votes cast in the last gubernatorial election. Some states also have geographic distribution requirements for signature collection, such as collecting signatures from a certain percentage of registered voters in each state senate district.
State constitutions are amended far more frequently than the US Constitution. While the US Constitution has been amended 27 times, state constitutions contain an average of 115 amendments, and collectively they contain more than 7,000 amendments. Some states, such as Alabama, Louisiana, South Carolina, Texas, and California, amend their constitutions more than three to four times per year on average.
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Frequently asked questions
Yes, state constitutions are far more often subject to amendment, revision, and reconstitution. While the federal constitution has been amended 27 times, state constitutions contain an average of 115 amendments.
Some examples of state constitutional amendments include Michigan's amendment to add an explicit "fundamental right to vote", Nevada's adoption of a state-level Equal Rights Amendment, and Illinois' amendment granting employees the "fundamental right to organize and bargain collectively".
The processes for amending state constitutions vary across states. Some common processes include legislatively referred constitutional amendments, where a majority or supermajority legislative support is required, and citizen-initiated amendments, where a certain number of signatures are required for an initiative to be placed on the ballot.
Eighteen states have a process for citizen-initiated constitutional amendments, including Arizona, Arkansas, California, Colorado, Florida, Illinois, and Massachusetts.
Amending state constitutions allows states to protect additional rights that may not be covered by the U.S. Constitution. It also provides a way for states to respond to changing circumstances and ensure that individual liberties are protected.
