Who Can Propose Constitutional Amendments?

The process of amending the US Constitution is a complex one, with the authority to do so derived from Article V of the Constitution. While the President of the United States has no role in this process, the role of a state governor is less clear. The US Constitution is notoriously difficult to amend, having only been amended 27 times, while state constitutions are amended regularly, with the 50 states amending their constitutions around 7,000 times. State governors, as state leaders, play a role in advancing and pursuing new policies and programs, and while the scope of their power varies from state to state, they often have a role in proposing constitutional amendments. However, the process of proposing and ratifying amendments can differ between states, and in some states, amendments do not require the governor's signature to be referred to the ballot.

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Governors cannot amend the US Constitution

The US Constitution is difficult to change and has only been amended 27 times. State constitutions, on the other hand, are amended regularly and with greater ease. The current constitutions of the 50 states have been amended around 7,000 times.

While governors can propose constitutional amendments at the state level, they cannot amend the US Constitution. The authority to amend the US Constitution is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process.

The process of amending the US Constitution typically involves the following steps:

• Congress proposes an amendment by a two-thirds vote in both houses or by calling a convention upon the application of two-thirds of the state legislatures.
• The proposed amendment is submitted to the states for ratification.
• A specified number of states (currently 38 out of 50) must ratify the amendment for it to become part of the Constitution.
• The Office of the Federal Register (OFR) verifies the required number of authenticated ratification documents.
• The Archivist certifies that the amendment is valid and has become part of the Constitution.
• The certification is published in the Federal Register and U.S. Statutes at Large as official notice that the amendment process is complete.

While governors may play a role in submitting proposed amendments to their state legislatures, the power to propose amendments to the US Constitution rests with Congress or the state legislatures, not with individual governors. The ratification process is managed by the Archivist of the United States and the Director of the Federal Register, further emphasizing the limited role of governors in the constitutional amendment process at the national level.

State legislatures generate most amendments

State legislatures generate more than 80% of constitutional amendments that are considered and approved around the country each year.

The process of amending state constitutions varies from state to state. Some states require amendments to be backed by a majority of legislators, while others mandate supermajority legislative support. The requirements for legislative support also differ, with some states requiring support to be expressed in a single session and others in two consecutive sessions.

The simplest route to legislative approval of amendments is to allow 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 and nine requiring a three-fifths vote.

In some states, such as Alabama, Alaska, and Arkansas, constitutional amendments can be proposed through a legislative process or a state constitutional convention. These states typically require a simple majority vote (50% plus 1) for voters to approve constitutional amendments. For example, in Alabama, a 60% vote is needed from both chambers of the state legislature during a single legislative session to place an amendment on the ballot.

While governors play a crucial role in state leadership and policy-making, their involvement in the constitutional amendment process is limited. The authority to amend the U.S. Constitution is derived from Article V, which does not include the President or state governors. Instead, it focuses on Congress and state legislatures.

Amendments don't need governor signatures

The process of amending the US Constitution is a complex one, and while governors may play a role in proposing and submitting amendments, their involvement is not a requirement for an amendment to be ratified.

The authority to amend the US Constitution comes from Article V of the Constitution. This article outlines the process by which amendments are proposed and ratified, and it does not require the signature or approval of governors. Instead, it specifies that amendments can be proposed by Congress or by a convention called by Congress in response to applications from the legislatures of two-thirds of the states.

The process of amending state constitutions varies, but they are generally easier to modify than the federal Constitution. State constitutions may offer multiple paths for amendment, including through citizen-initiated processes that do not involve the governor. In some states, amendments can be proposed by citizen initiatives that collect a certain number of signatures, and once the signature requirements are met, the amendment proceeds to the ballot without the need for legislative or gubernatorial approval.

While governors may have a role in submitting proposed amendments to state legislatures or calling for conventions, this is done in their official capacity, and the amendments do not require their signature or approval to proceed. The ratification process for constitutional amendments is administered by the Archivist of the United States, who follows established procedures and customs, ensuring that amendments meet the legal requirements without the need for gubernatorial involvement.

The lack of gubernatorial involvement in the constitutional amendment process is further supported by legal precedent. The 1798 case of Hollingsworth v. Virginia established that the President of the United States has no role in the constitutional amendment process, and by extension, neither do state governors. This precedent suggests that the amendment process is intended to be independent of executive influence, allowing for a direct expression of the will of the people and the legislatures that represent them.

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State constitutions are easier to amend

The process of amending the US Constitution is complex and has only been amended 27 times. In contrast, state constitutions are much easier to modify, with amendments being adopted regularly. The 50 state constitutions have been amended approximately 7,000 times.

The US Constitution grants states the authority to make their own rules regarding legislation and amendments. States offer multiple paths for amending their constitutions, and the process varies from state to state. Some states require a simple majority vote for constitutional amendments, while others require a supermajority legislative vote. The easiest route to legislative approval of amendments is a simple majority vote in a single session, which is available in 10 states. 25 other states require a higher threshold, with 16 of them mandating a two-thirds vote.

While governors play a crucial role in advancing and pursuing new and revised policies, their involvement in the constitutional amendment process is limited. The Hollingsworth v. Virginia case in 1798 established that the President of the United States has no role in amending the Constitution, and this would also apply to state governors. Governors can, however, veto redistricting. State legislatures generate more than 80 percent of constitutional amendments and these amendments do not require the governor's signature to be referred to the ballot in most states.

The process of amending a state constitution typically involves either a legislative process or a state constitutional convention. For example, the Alabama Constitution provides these two mechanisms, and a simple majority vote (50% plus 1) is required for voters to approve constitutional amendments. Similarly, Alaska and Arkansas also offer these two paths, with Arkansas allowing citizen-initiated amendments. The California Constitution can be amended through a legislatively referred constitutional amendment, where two-thirds of each chamber of the state legislature must propose an amendment, which is then put to a statewide ballot.

The process varies by state

The process for proposing a constitutional amendment varies across different states. While the U.S. Constitution has only been amended 27 times, state constitutions are amended regularly, with the 50 states having amended their constitutions around 7,000 times in total.

State legislatures are responsible for more than 80% of constitutional amendments that are considered and approved each year. 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 require supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions.

The simplest route to legislative approval of amendments is through a majority vote in a single session, which is possible in 10 states. Twenty-five states, on the other hand, require a higher threshold, with 16 of them mandating a two-thirds vote in a single session.

Some states, like Alabama, Arkansas, and California, allow amendments to be placed on the ballot without the governor's signature. In Arkansas, for example, a simple majority vote of 50% plus one is required for voters to approve constitutional amendments.

Other states, like Alaska, offer two mechanisms for amending their constitutions: a legislative process and a state constitutional convention. Alaska also requires a simple majority vote for voters to approve constitutional amendments.

The role of governors in the constitutional amendment process also varies. While governors generally advance and pursue new and revised policies, their scope of power differs from state to state. In some states, governors can play a role in proposing constitutional amendments, while in others, like Illinois, the governor may not be involved, with the state's House and Senate having the final word.

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