Jonah Patel
The process of amending the US Constitution is a difficult and time-consuming task. It has only been amended 27 times since 1787, and none of the amendments have been proposed by constitutional convention. Amending state constitutions, on the other hand, is a much easier process, with 17 states allowing for citizen-initiated amendments. This raises the question: can a citizen propose a constitutional amendment?
| Characteristics | Values |
|---|---|
| Difficulty | Very difficult and time-consuming |
| Number of amendments to date | 27 |
| Amendment proposal methods | Two methods: Congress proposes with a two-thirds majority vote in both the House of Representatives and the Senate; or a constitutional convention is called for by two-thirds of the State legislatures |
| Ratification | Requires ratification by three-fourths of the States (38 of 50 States) |
| State constitutions | Much easier to modify, amended around 7,000 times |
| Citizen-initiated amendments | 17 states allow citizen-initiated amendments through a citizen-initiative process |
| Signature requirements | Vary by state, with Arizona and Oklahoma requiring 15% of votes from the last gubernatorial election, and Massachusetts requiring 3% |
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What You'll Learn
The US Constitution is difficult to change
The US Constitution is notoriously difficult to amend, and for good reason. The founding document was written "to endure for ages to come", as Chief Justice John Marshall noted in the early 1800s. Amending the Constitution is a complex and lengthy process, and it has only been modified 27 times since 1787, including the first 10 amendments, which were adopted as the Bill of Rights in 1791.
The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing changes. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, a constitutional convention can be called for by two-thirds of the state legislatures, although this method has never been used. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
While citizens cannot directly propose amendments to the US Constitution, they can play a role through citizen-initiative processes in some states. Seventeen states allow citizens to initiate amendments by gathering signatures in support of holding a vote on the proposed change. The number of signatures required varies by state, with Arizona and Oklahoma setting the highest bar at 15%, while Massachusetts requires the lowest at 3% of votes cast in the last gubernatorial election.
Compared to state constitutions, the US Constitution is much more challenging to amend. State constitutions are amended regularly, with the current 50 state constitutions having been amended approximately 7,000 times. Some states, like Alabama, Louisiana, South Carolina, Texas, and California, amend their constitutions three to four times per year on average. In contrast, the US Constitution has only been amended a handful of times in over two centuries.
The amendment process for the US Constitution is deliberately arduous, ensuring that any changes made are carefully considered and have a significant impact on the nation. While citizens can indirectly influence the process through state-level initiatives, the final decision rests with Congress and the state legislatures, reflecting the founding fathers' intention for the Constitution to be a durable and stable framework for the nation.
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State constitutions are easier to amend
The United States Constitution is notoriously difficult to amend, and the process is deliberately designed to be challenging. The Constitution has been amended only 27 times since 1787, and the amendment process is considered "very difficult and time-consuming". It requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. This makes it challenging for citizens to propose and enact constitutional amendments at the federal level.
However, state constitutions are a different matter. They are much easier to amend, and state constitutional amendments are adopted regularly. The current constitutions of the 50 states have been amended approximately 7,000 times, with some states amending their constitutions as often as three to four times per year. This is because states offer multiple paths for amending their constitutions, making the process more accessible and flexible.
One way that states make it easier to amend their constitutions is by allowing citizen-initiative processes. Seventeen states currently provide this path for enacting amendments, where citizens can propose and drive support for constitutional amendments. Each state has its own procedures and requirements for qualifying citizen-initiated amendments for the ballot. Generally, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment, with requirements often tied to the number of votes cast in the previous gubernatorial election. For example, Arizona and Oklahoma have the highest bar, requiring 15% of votes from the last gubernatorial election, while Massachusetts sets the lowest bar at 3%.
Additionally, states vary in their requirements for legislatures to craft amendments. Some states require majority support from legislators, while others mandate supermajority legislative backing. The easiest route to legislative approval of amendments is through majority vote approval in a single session, which is possible in 10 states. In contrast, 25 states set a higher threshold by requiring supermajority support.
Overall, the ease of amending state constitutions compared to the federal Constitution lies in the variety of paths available, the inclusion of citizen-initiative processes, and the lower thresholds for legislative support and voter approval. These factors contribute to a more dynamic and responsive amendment process at the state level.
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Congress proposes amendments with a two-thirds majority
The authority to amend the US Constitution is derived from Article V of the Constitution. This article establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members present in each house must vote in favour of the proposed amendment. It is important to note that this is not a vote of two-thirds of the entire membership of each house, but rather the members who are present during the vote.
Since the founding of the United States, Congress has followed this procedure to propose thirty-three constitutional amendments. These proposed amendments are then sent to the states for potential ratification. However, it is worth mentioning that at least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the required two-thirds majority in each house.
Once Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process has been completed.
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Amendments are ratified by three-fourths of the states
The process of amending the US Constitution is a difficult and time-consuming task. It has been amended only 27 times since 1787, and none of these amendments have been proposed by constitutional convention. State constitutions, on the other hand, are amended regularly and with much more ease. The current constitutions of the 50 states have been amended around 7,000 times.
The US Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, Article V of the Constitution states that Congress shall call a convention for proposing amendments upon the request of two-thirds of the states. This method has never been used.
Once an amendment is proposed, it is sent to the States for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The Archivist of the United States is responsible for administering the ratification process. The Governors of each state formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action.
The process for amending state constitutions varies across the country. Seventeen states currently allow for citizen-initiated amendments, where amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment. For example, Arizona and Oklahoma require amendment supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election, while Massachusetts sets the bar at 3%. In 10 states, the easiest route to legislative approval of amendments is to permit approval by a majority vote in a single session. Another 25 states require a higher threshold, such as supermajority legislative support.
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Citizens can propose amendments in 17 states
The US Constitution is difficult to change, having only been amended 27 times since it was drafted in 1787. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amending the Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both Houses of Congress and then ratified by three-fourths of the states (38 out of 50).
State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted regularly. The current constitutions of the 50 states have been amended around 7,000 times. Seventeen states currently provide a path for enacting amendments through citizen-initiative processes. These states vary in their procedures for qualifying citizen-initiated amendments for the ballot. In each of these states, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment. Most of these signature-collection requirements are tied to the number of votes cast in the last gubernatorial election. For example, Arizona and Oklahoma have the highest bar, requiring amendment supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. In contrast, Massachusetts sets the lowest bar at 3%.
Just over half of the states also maintain a geographic distribution requirement for signature collection. For instance, signatures must be collected from 2% of registered voters in every state senate district, as in Colorado. In all but one state where the constitutional initiative process is available, legislators cannot block a citizen-initiated amendment from appearing on a ballot. Once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot, and the legislature has no role in this process.
Florida is another example of a state that allows citizens to propose constitutional amendments. Proposed amendments to the Florida Constitution may be made by a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. A proposed amendment requires at least 60% approval from voters to pass.
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Frequently asked questions
Yes, citizens can propose constitutional amendments in 17 states through citizen-initiative processes. These states vary in their procedures for qualifying citizen-initiated amendments for the ballot. Most states require amendment proponents to gather a certain number of signatures in support of holding a vote on the amendment.
The US Constitution can be amended 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. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50).
The US Constitution has been amended 27 times since it was drafted in 1787. In comparison, state constitutions are amended more frequently, with the current constitutions of the 50 states having been amended around 7,000 times.
