Simone Lawson
The process of amending a constitution differs between US states, with some requiring a simple majority and others a supermajority for an amendment to be passed. State constitutions are amended more frequently than the federal constitution, with the 50 state constitutions being amended around 7,000 times compared to 27 amendments to the US Constitution. While governors have the authority to veto legislative measures, their role in constitutional amendments is more limited. Governors can play a role in the convention process and may be required to sign off on amendments, but they do not have the power to veto a constitutional amendment that has been passed by the state legislature or ratified by a convention.
| Characteristics | Values |
|---|---|
| Can a governor veto a constitutional amendment? | No, a governor cannot veto a constitutional amendment. |
| Amendment of state constitutions | Amendments are crafted by legislatures, citizens, conventions, and commissions. |
| Amendment processes | State constitutions vary in how often they are amended. |
| Governor's role | Governors advance and pursue new and revised policies and programs using tools such as executive orders, executive budgets, and legislative proposals and vetoes. |
| Veto powers | Governors have the power to veto whole legislative measures. |
| Types of vetoes | "Pocket veto," "line-item," "reduction," and "amendatory." |
| Legislative bills | Every legislative bill passed by the state legislative body is presented to the governor for signing. |
| Legislative approval of amendments | The easiest route is to permit approval by a majority vote in a single session. |
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What You'll Learn
Governors cannot veto constitutional amendments
While governors can advance and pursue new and revised policies and programs using tools like executive orders, executive budgets, and legislative proposals and vetoes, they cannot veto constitutional amendments. The U.S. Constitution is difficult to change and has only been amended 27 times. On the other hand, state constitutional amendments are adopted regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
State legislatures generate more than 80% of constitutional amendments considered and approved each year. States vary in their requirements for legislatures to craft amendments, with some requiring majority backing from legislators and others requiring supermajority legislative support. In some states, bills will die unless the governor signs them within a specified number of days (a "pocket veto"). Governors also have "reduction" or "line-item" veto power in some states, allowing them to remove budget items or strike general items from legislation.
However, when it comes to constitutional amendments, the process is different. In states like Alabama, Arizona, and Alaska, amendments do not require the governor's signature to be referred to the ballot. Instead, they are placed on the ballot based on votes from the state legislature, with a simple majority or a specific percentage of votes required, depending on the state.
Once a proposed amendment is sent to the states for ratification, it must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. While the specific procedures for state-level constitutional conventions may allow for a role for governors, they do not have the power to veto the amendments themselves.
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State constitutions are easier to amend than federal
State constitutions are far easier to amend than the federal constitution. The US Constitution is notoriously challenging to change and has only been amended 27 times. In contrast, state constitutional amendments are adopted regularly, with the current constitutions of the 50 states having been amended approximately 7,000 times.
The ease of amending state constitutions is evident in the frequency of amendments. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average. On the other hand, states like Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions less frequently, with amendments occurring only once every three to four years, on average.
The multiple paths for amending state constitutions contribute to their flexibility. State legislatures play a significant role, generating over 80% of constitutional amendments approved annually. However, the requirements for legislatures to craft amendments vary. Some states require amendments to secure a simple majority, while others mandate supermajority support. Additionally, some states need legislative support in a single session, while others require two consecutive sessions. The simplest path to legislative approval of amendments is through a majority vote in a single session, an option available in 10 states.
Beyond state legislatures, citizen-initiated amendments are another avenue for change. While they account for less than 20% of amendments adopted annually, certain states, like California and Colorado, actively consider these amendments. In 17 states, voters can place a constitutional amendment directly on the ballot without legislative involvement by collecting a specified number of signatures. This direct involvement of citizens in the amendment process underscores the accessibility of amending state constitutions compared to the federal constitution.
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Governors can veto legislative bills
Governors play a crucial role in the legislative process and have a range of tools at their disposal, including the power to veto legislative bills. While the scope of gubernatorial power varies from state to state, all 50 state governors possess the authority to veto entire legislative measures. This power to veto allows governors to exert significant influence over the direction of state policies and programmes.
The process of vetoing a bill can vary across states. In some states, a bill will only come into effect if the governor signs it within a specified time frame. If the governor does not sign the bill within the allotted time, it may become law without their signature or be effectively vetoed. This is known as a "pocket veto". Governors may also have different types of veto powers available to them, such as "line-item", "reduction", and "amendatory" vetoes. A "line-item" veto allows governors to strike a general item from a piece of legislation, while a "reduction" veto lets them remove specific budget items. With an "amendatory" veto, governors can revise legislation to align with their priorities.
The ability to veto legislative bills gives governors a strong hand in shaping the state's agenda and budget priorities. They can use veto powers to remove or reduce items in the budget that they disagree with or that do not align with their policy objectives. Governors often work closely with department and agency heads, many of whom they appoint, to develop and advance their legislative proposals and ensure alignment with their priorities. This collaborative process helps governors effectively utilise their veto powers to shape the legislative landscape in their states.
It is important to note that the legislature can override a governor's veto, typically by a supermajority vote. This check on the governor's power ensures a balanced power dynamic between the executive and legislative branches of state governments. While governors have the authority to veto legislative bills, the legislature retains the ability to push forward legislation even in the face of opposition from the governor. This dynamic underscores the complex interplay between the different branches of state governments in the United States.
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Governors have the power to veto state budgets
Governors have a wide range of powers and responsibilities, including the power to veto state budgets. This power is known as a "line-item veto", and it allows governors to strike a general item or delete a budget item from a piece of legislation. Governors can also use an "amendatory veto" to revise legislation.
The National Governors Association outlines that governors develop and submit annual or biennial budgets for review and approval by the legislature. Governors also have the power to veto these budgets, which is referred to as a "reduction veto". This power can be used to remove appropriations to which the governor objects. These veto powers allow governors and their budget staff to play a strong role in establishing priorities for the use of state resources.
It is important to note that the scope of gubernatorial power varies from state to state, in accordance with state constitutions, legislation, and tradition. In a smaller number of states, bills will die unless the governor formally signs them within a specified number of days. This is known as a "pocket veto". Additionally, legislatures may override vetoes, usually by a supermajority vote.
The use of the line-item veto by governors has been a source of controversy in the past. For example, in 2023, Governor Tony Evers used a line-item veto to extend a two-year temporary funding increase for schools to last over 400 years. This veto was upheld by the Wisconsin Supreme Court in 2025. In another instance, Governor Scott Walker controversially crossed out 116 words in a pension-related section of the budget bill.
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Governors can play a role in constitutional conventions
The US Constitution is challenging to change, with only 27 amendments to date. In contrast, state constitutions are amended more frequently, with around 7,000 amendments across the 50 states. State constitutions vary in how often they are amended, with Alabama, Louisiana, South Carolina, Texas, and California amending theirs more than three to four times per year, on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont make changes only once every three to four years, on average.
State legislatures are responsible for generating over 80% of constitutional amendments approved annually across the country. The procedures for amending state constitutions vary, with some states requiring majority support from legislators and others mandating supermajority legislative backing. The simplest path to amending a state constitution is through majority approval in a single legislative session, an option available in 10 states.
While governors typically do not have the power to veto constitutional amendments, they can play a role in constitutional conventions. The procedures for a constitutional convention and the threshold for sending amendments to states for ratification are not explicitly defined. Governors may have a role in state-level constitutional conventions, depending on the state legislature's process. Once a convention or Congress proposes an amendment, it must be ratified by 3/4ths of the state legislatures or by conventions in 3/4ths of the states. While governors do not approve or reject constitutional amendments during the state legislative process, their involvement in state-level conventions can vary based on specific state requirements.
In some states, bills will be vetoed unless the governor signs them within a specified time frame. Governors have various veto powers, including "pocket veto," "line-item," "reduction," and "amendatory." These veto powers allow governors to shape the use of state resources and influence legislation. State laws dictate the time frame within which a governor must sign or veto proposed legislation. While governors cannot veto constitutional amendments directly, their ability to influence the legislative process and shape policy through other types of vetoes is significant.
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Frequently asked questions
No, a governor cannot veto a constitutional amendment. Governors cannot approve or reject constitutional amendments when they are being voted on by state legislatures.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. States vary in their requirements for legislatures to craft amendments. Some require that amendments secure the backing of a majority of legislators, while others require supermajority legislative support.
Alabama, Louisiana, South Carolina, Texas, and California are states that have amended their constitutions more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont are states that amend their constitutions less frequently, only doing so once every three to four years on average.
In some states, citizens can initiate constitutional amendments through a ballot measure process. This typically involves gathering a certain number of signatures in support of the amendment and then holding a vote on the amendment.
