Jonah Patel
The process of amending state constitutions in the US varies across states. While state legislatures propose constitutional amendments in every state, the requirements for legislatures to craft amendments vary. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. In some states, amendments can be approved by a majority vote in a single session, while others require approval in two consecutive sessions. Additionally, 18 states allow amendments to be placed directly on the ballot through citizen initiatives, and 17 states provide for amendments via citizen-initiative processes. Court rulings can also impact state constitutions, with federal courts having the power to declare an amendment to a state constitution invalid if it conflicts with the US Constitution.
| Characteristics | Values |
|---|---|
| Number of ways to amend state constitutions | 4 |
| Examples | Amendments crafted by legislatures, citizens, conventions, and commissions |
| Most common source of amendments | State legislatures (over 80%) |
| Requirements for legislatures to craft amendments | Majority or supermajority legislative support; some require support in a single session, others in two consecutive sessions |
| Number of states allowing amendments with a majority vote in a single session | 10 |
| Number of states requiring amendments to be approved by a majority of voters in the entire election | 4 (Hawaii, Minnesota, Tennessee, and Wyoming) |
| Number of states providing a path for enacting amendments via citizen-initiative processes | 17 |
| Number of states allowing voters to bypass state legislatures to place constitutional amendments directly on the ballot through an initiative process | 18 |
| Number of states requiring voter ratification of proposed state constitutional amendments | 49 |
| Number of states allowing amendments by constitutional initiative | 18 |
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What You'll Learn
State legislatures generate most amendments
State legislatures play a pivotal role in the amendment process, as they are responsible for generating the majority of amendments considered and approved annually. From 2006 to 2024, voters across the country approved 891 out of 1,244 proposed amendments, demonstrating their significant role in shaping state constitutions.
State legislatures are the primary drivers of constitutional change, with over 80% of amendments originating from them. The specific requirements for legislatures to craft amendments vary across states. Some states mandate majority backing from legislators, while others demand supermajority legislative support. Additionally, there are differences in whether legislative support must be expressed in a single session or across two consecutive sessions. The simplest path to securing legislative approval is through majority voting in a single session, an option available in ten states.
Legislatures also play a crucial role in calling for constitutional conventions, which have historically been a significant avenue for amending state constitutions. While it has been decades since the last full-scale state constitutional convention, conventions remain a viable option. Legislators typically initiate these conventions, and most states require a majority legislative vote to approve a convention referendum. A supermajority legislative vote is mandated in certain states, and some states bypass the legislature altogether, allowing voters to decide directly on holding a convention.
Beyond the direct amendment process, state legislatures also influence constitutional changes through commissions. While commissions in most states can only recommend amendments for legislative consideration, Florida stands out as the exception. Florida's Constitution Revision Commission and Taxation and Budget Reform Commission are empowered to place amendments directly on the ballot for voter approval. These commissions meet every 20 years, ensuring regular opportunities for constitutional revision in the state.
In conclusion, state legislatures are the primary drivers of constitutional amendments, generating the vast majority of the amendments considered and approved each year. The amendment process is further enriched by the interplay of citizen-initiated amendments, constitutional conventions, and the work of commissions. The variation in requirements and pathways for amendment approval across states underscores the dynamic and complex nature of the legislative process in the United States.
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Citizen-led initiatives
Citizen-initiated amendments are allowed in 17 or 18 states, including California, Colorado, Illinois, and Mississippi. In 2021, the Mississippi Supreme Court ruled that the state's constitutional initiative process was unusable due to an issue with the number of congressional districts from which signatures had to be collected.
Examples of citizen-led initiatives include:
- Missouri voters approved a minimum wage hike to $15 an hour and paid sick leave.
- Arizonans voted against eliminating term limits for state supreme court justices.
- Coloradans approved the establishment of a new board to handle judicial ethics proceedings.
- Voters in eight states adopted measures to amend their state constitutions to add language that only citizens can vote in their elections.
- An initiative to legalize recreational marijuana in Florida received 56% of the vote but failed to reach the 60% threshold needed to pass.
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State constitutional conventions
In some states, the legislature can call a convention without seeking voter approval. However, in all but a few states, a referendum on calling a convention must be approved by a majority of voters. In 13 states, a recurring ballot measure automatically gives voters the chance to call for a convention without collecting signatures or legislative approval. Voters in Alaska, Hawaii, Iowa, New Hampshire, and Rhode Island automatically get to vote on a convention every 10 years. In Connecticut, Illinois, Maryland, Missouri, Montana, New York, Ohio, and Oklahoma, voters consider a convention every 20 years.
Louisiana may be on the verge of holding a constitutional convention, which would be the first in four decades. The state's Republican governor, Jeff Landry, has made updating the state constitution a key part of his agenda. However, opponents have criticized the lack of transparency, and interest groups have demanded guarantees that certain parts of the current document be preserved.
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Court rulings
In Colorado, the state's Supreme Court agreed with a lower court that Amendment 54 (2008), approved by voters, was unconstitutional according to other parts of the Colorado Constitution. This showcases how court rulings can directly impact the provisions of a state constitution. Similarly, the Michigan Proposal 2, Affirmative Action Initiative (2006) was declared invalid by the United States Court of Appeals for the 6th Circuit in 2011.
Additionally, court rulings can come into play when federal courts decide that an amendment to a state constitution conflicts with the U.S. Constitution. In such cases, the amendment must be removed from the state constitution and declared null and void. This highlights the interplay between federal and state laws and how federal court rulings can shape the legal landscape of individual states.
The power of the courts to review and rule on the validity of state constitutional amendments is a crucial aspect of the amendment process. It ensures that amendments align with existing constitutional frameworks and protects against potential conflicts with federal law. While the specifics of the amendment process vary from state to state, court rulings remain an important mechanism for interpreting and shaping state constitutions.
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Voter approval
The requirement for voter approval of constitutional amendments exists in almost all states. Delaware is the only state that does not mandate voter ratification of proposed amendments, allowing its legislature to approve amendments without voter input. In contrast, the remaining 49 states include voters in the amendment process, albeit with different thresholds for approval.
The threshold for voter approval of constitutional amendments varies across states. Some states, like Hawaii, Minnesota, Tennessee, and Wyoming, require a majority of voters in the entire election to approve an amendment. In Illinois, an amendment can be approved by either a three-fifths majority of voters specifically voting on the amendment or a simple majority of all voters in the election. Other states, like Florida, require a supermajority, or 60% of the vote, for an amendment to pass.
Voter-Initiated Amendments
In addition to approving amendments proposed by legislatures, voters in many states can also initiate the amendment process themselves. Eighteen states allow citizen-initiated amendments through mechanisms like signature petitions. Once an initiative qualifies for the ballot, it is typically subject to the same voter approval requirements as legislature-referred amendments. However, some states, like Nevada, require citizen-initiated amendments to be approved by a majority of voters in two consecutive elections, setting a higher bar for direct democracy.
Constitutional Conventions
Constitutional conventions, which are less common today, also involve voter approval. In most states, a majority of voters must approve a convention referendum before it can be called. During a convention, any proposed amendments are then drafted and submitted to voters for final approval.
Judicial Review of Voter-Approved Amendments
While voters play a pivotal role in amending state constitutions, state courts serve as a check on the process. Courts can review voter-approved amendments and invalidate those that conflict with other provisions of the state constitution or violate federal law. This judicial oversight ensures that amendments align with legal and constitutional frameworks.
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Frequently asked questions
Yes, state constitutions can be amended without federal approval. Each state has its own constitution, and these have seen far more amendments and revisions than the federal constitution.
State constitutional amendments can be proposed by state legislatures, citizens, conventions, and commissions. After being proposed, they usually need to be ratified by a majority or supermajority vote, depending on the state. Some states require approval by a majority of voters in two consecutive elections.
State constitutional amendments are common, with an average of 41.5 amendments proposed per year from 2006 to 2024. However, no state has rewritten its constitution in the past thirty years.
