Jonah Patel
State constitutions are amended regularly, and there are multiple ways to do so. The constitutions of the 50 states have been amended around 7,000 times, with some states amending their constitutions more than three to four times per year on average, and others amending only once every three to four years. Amendments can be crafted by legislatures, citizens, conventions, or commissions, with state legislatures generating more than 80% of constitutional amendments approved each year.
| Characteristics | Values |
|---|---|
| Difficulty in amending | State constitutions are easier to amend than the federal Constitution |
| Number of amendments | The US Constitution has been amended 27 times; state constitutions have been amended around 7,000 times |
| Frequency of amendments | Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average; Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions once every three to four years on average |
| Amendment processes | Amendments may be crafted by legislatures, citizens, conventions, or commissions; state legislatures generate more than 80% of amendments |
| Legislative requirements | Requirements vary, with some states requiring majority or supermajority support, and some requiring support in one or two consecutive sessions |
| Voter requirements | Four states (Hawaii, Minnesota, Tennessee, and Wyoming) require a majority of voters in the entire election to approve an amendment; Illinois allows approval by three-fifths of voters on the amendment or a majority of voters in the election |
| Citizen-initiative processes | Seventeen states allow citizen-initiated amendments, with varying signature requirements |
| Signature requirements | Requirements range from 3% to 15% of votes cast in the last gubernatorial election; some states also have geographic distribution requirements |
| Legislative role | Legislators typically cannot block citizen-initiated amendments from appearing on the ballot |
| Amendment paths | Amendments can be proposed by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of state legislatures |
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What You'll Learn
State constitutions are amended regularly
The frequency of amendments varies across states. 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 changes to their constitutions once every three to four years, on average.
State legislatures are responsible for generating the majority of constitutional amendments, with over 80% of amendments being considered and approved annually. The requirements for legislatures to craft amendments differ among states. Some states mandate majority support from legislators, while others require supermajority legislative backing. Additionally, certain states demand legislative support to be expressed in a single session, while others allow for two consecutive sessions.
There are also alternative paths to amending state constitutions. Seventeen states allow for citizen-initiated processes, where citizens can propose amendments through ballot measures. Four states, namely Hawaii, Minnesota, Tennessee, and Wyoming, require amendments to be approved by a majority of voters in the entire election. These states count abstentions as no votes. Other states, like Illinois, have different approaches, allowing amendments to be approved by three-fifths of voters on the amendment or a majority of voters in the election.
The process of amending state constitutions is a dynamic and varied practice, with states employing different methods to ensure their constitutions remain adaptable to the needs of their citizens.
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Multiple paths exist for state amendments
State constitutions are much easier to modify than the federal Constitution, and multiple paths exist for state amendments. The U.S. Constitution has been amended only 27 times, while state constitutions have been amended around 7,000 times.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. However, the requirements for legislatures to craft amendments vary across states. Some states require amendments to secure the backing of a majority of legislators, while others mandate supermajority legislative support. Additionally, certain states demand legislative support to be expressed in a single session, while others require two consecutive sessions. The path of legislative approval is easiest in the 10 states that permit approval of amendments by a majority vote in a single session.
Another avenue for state amendments is through citizen-initiated processes. Seventeen states currently allow citizen-initiated amendments, with Massachusetts and Mississippi enabling citizens to initiate indirect constitutional amendments. In Mississippi, supporters must collect signatures amounting to at least 12% of the votes cast in the preceding gubernatorial election. Arizona and Oklahoma have the highest signature requirement at 15%, while Massachusetts sets the lowest bar at 3%. Colorado has a unique distribution requirement, mandating signatures from at least 2% of registered voters in each state senate district.
Amendments can also be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, none of the amendments to the U.S. Constitution have originated from a constitutional convention. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
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State legislatures generate most amendments
State legislatures play a pivotal role in the amendment process, as they are responsible for generating more than 80% of constitutional amendments considered and approved across the country annually. This process varies from state to state, with some requiring amendments to secure the support of a simple majority of legislators, while others mandate supermajority legislative backing. Notably, a few states, like Delaware, require amendments to be approved by a two-thirds legislative vote in consecutive sessions.
The ease of amending state constitutions compared to the U.S. Constitution contributes to the high frequency of state constitutional amendments. State legislatures offer multiple paths for amendments, and state constitutional amendments are routinely adopted. For instance, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average.
Legislatures are not the sole drivers of amendments, as citizen-initiated processes also play a role. Seventeen states allow for citizen-initiated amendments, with Massachusetts and Mississippi permitting indirect amendments, where the state legislature has various options, and other states allowing for direct amendments placed on the ballot after collecting the required number of signatures.
However, the legislative route remains the most common. In states with citizen-initiated processes, legislators often cannot block a citizen-initiated amendment from appearing on the ballot. Once on the ballot, citizen-initiated amendments typically require the same level of voter ratification as legislature-crafted amendments, with a simple majority in most states and a supermajority in a few, like Nevada, which mandates approval in two consecutive elections.
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Citizen-initiated amendments are possible
Amending state constitutions is much easier than amending the federal Constitution. While the U.S. Constitution has been amended only 27 times, state constitutions have been amended around 7,000 times.
The number of signatures required varies by state. Arizona and Oklahoma have the highest requirement, needing signatures equal to 15% of the votes cast in the last gubernatorial election. Massachusetts has the lowest requirement at 3%. Some states, such as Colorado, also have geographic-distribution requirements, where signatures must be collected from a certain percentage of registered voters in each state senate district.
After collecting the required number of signatures, a proposed amendment may be placed on the ballot for voter approval. The approval process can vary by state. Some states, like Hawaii, Minnesota, Tennessee, and Wyoming, require a majority of voters in the entire election to approve the amendment. Other states, like Illinois, allow approval by either a majority of voters in the entire election or a supermajority of voters who participated in the ballot measure.
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The US Constitution is harder to amend
The US Constitution is notoriously difficult to amend. In over 230 years, there have only been 27 amendments, the last of which was passed in 1992, over 30 years ago. In contrast, the current constitutions of the 50 states have been amended around 7,000 times. Some states, like Alabama, Louisiana, South Carolina, Texas, and California, amend their constitutions more than three to four times per year on average.
The reasons for the difficulty in amending the US Constitution are multi-faceted. Firstly, the Framers, the men who wrote the Constitution, intended for the amendment process to be challenging. They believed that a long and complicated process would help create stability in the United States. Secondly, the evolution of federalism has played a role. With the proliferation of states from 13 to 50, securing the agreement of three-quarters of the states is significantly harder than it was in the past. The degree of partisan division also impacts the ease of amending the Constitution. The higher the partisan division, the more challenging it is to achieve the required supermajority agreement across legislatures that are not dominated by a single political party.
The specific process for amending the US Constitution adds to the difficulty. For an amendment to be approved, two-thirds of both houses of Congress must pass it. Then, three-fourths of all states must ratify it, either in their statehouses or at a special convention. This multi-step process, requiring substantial support across political divides, is a high bar to clear.
In comparison, state constitutions offer multiple paths for amendments, and these processes are generally more accessible. State legislatures generate more than 80% of constitutional amendments, and some states only require majority support among legislators, while others demand supermajority legislative backing. Additionally, about half of the states provide for citizen-initiated amendments, either directly or indirectly. These citizen-led processes can involve gathering signatures equal to a certain percentage of votes cast in the last gubernatorial election or achieving a specified level of voter support for the amendment. The variety and flexibility of these state-level amendment processes contribute to the overall ease of modifying state constitutions.
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Frequently asked questions
State constitutions are amended regularly and are much easier to modify than the federal Constitution. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average.
The U.S. Constitution has been amended 27 times.
The process varies from state to state. State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. Some states require majority or supermajority legislative support, and some require a single or two consecutive sessions. Amendments can also be crafted by citizens, conventions, and commissions.
Seventeen states allow amendments via citizen-initiative processes. In Massachusetts and Mississippi, citizens can initiate indirect constitutional amendments. Direct amendments are placed on the ballot once supporters file the required number of signatures. Indirect amendments are first presented to the state legislature.
The authority to amend the U.S. Constitution comes from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures.
