Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can prompt Congress to call a constitutional convention for proposing amendments. For an amendment to be ratified and become part of the Constitution, it must be approved by three-fourths of state legislatures or conventions, as specified by Congress. While Congress determines the ratification method, it does not have a role in the amendment process. State legislatures can also amend their own constitutions through various methods, including legislatively referred amendments, initiated amendments, and constitutional conventions.
| Characteristics | Values |
|---|---|
| Number of ways proposed constitutional amendments can be put on the ballot | 4 |
| Number of states that allow constitutional amendments through citizen signature petitions | 18 |
| Number of states that require legislatures to approve amendments during one legislative session | 36 |
| Number of states that require amendments to be passed during one or two successive legislative sessions | 4 |
| Number of states that require legislatures to approve amendments twice | 9 |
| Number of constitutional amendments proposed by Congress but not ratified by the states | 6 |
| Number of constitutional amendments ratified by the states | 27 |
| Number of signatures required for an initiated constitutional amendment for the ballot in Arizona | 15% of votes cast for governor in the most recent gubernatorial election |
| Number of months petitions can be circulated in Arizona | 24 |
| Number of months before the election at which signatures must be submitted in Arizona | 4 |
| Number of votes required for voter approval in Arizona | Simple majority |
| Number of votes required to pass ballot measures to approve taxes in Arizona | 60% |
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What You'll Learn
Two-thirds majority in Congress
The United States Constitution outlines 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 two-thirds of the members present, assuming a quorum, must vote in favor of the proposed amendment. This method has been used for all 27 amendments to the Constitution.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures. This process bypasses Congress and allows states to propose amendments directly. However, even in this case, the proposed amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states, as specified by Congress.
It is important to note that the President does not play a constitutional role in the amendment process. Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, delegates many duties to the Director of the Federal Register, who examines ratification documents and maintains custody of them until an amendment is adopted or fails.
While Congress has the power to propose amendments with a two-thirds majority, the process of amending the Constitution involves multiple steps and the participation of various entities, including state legislatures and the NARA. The specific requirements for amending the Constitution vary across different states, with some requiring simple majorities and others demanding supermajorities or successive legislative sessions for approval.
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Two-thirds of state legislatures call for a convention
Article V of the United States Constitution outlines two methods for proposing amendments to the Constitution. One of these methods involves two-thirds of state legislatures calling for a convention. This method has never been used, but it has been widely discussed and has almost reached the required threshold on several occasions.
The first method for proposing amendments to the Constitution, as outlined in Article V, involves a two-thirds vote in both houses of Congress. This method has been used 33 times, and 27 of these amendments have been ratified by three-fourths of the states. The second method, which has never been used, allows for two-thirds of state legislatures (34 out of 50) to call for a convention to propose amendments. These amendments become law only after ratification by three-fourths of the states (38 out of 50).
The process of amending the Constitution is complex and has been the subject of debate and interpretation by scholars, attorneys, and the courts. The political question doctrine and the Court's ruling in the 1939 case of Coleman v. Miller have left it an open question as to whether federal courts could assert jurisdiction over a legal challenge to Congress if it refused to call a convention. The Supreme Court has also referred to the Article V convention process on four occasions but has never definitively interpreted its meaning.
While the Article V convention method has never been used at the federal level, there have been over 230 constitutional conventions at the state level. Some states, such as Florida, have established commissions that have the authority to propose amendments to their state constitutions. Additionally, 18 states allow for initiated constitutional amendments, which are put on the ballot through a citizen signature petition. The requirements for these petitions vary by state, with some states, such as Arizona, requiring 15% of the votes cast for governor in the most recent gubernatorial election.
In summary, while two-thirds of state legislatures can call for a convention to propose amendments to the Constitution, this method has never been used. The process of amending the Constitution is complex and involves multiple steps, including ratification by three-fourths of the states. The interpretation and implementation of Article V have been the subject of ongoing discussion and vary at the federal and state levels.
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State legislatures approve amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in this process, the authority to amend the Constitution rests with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate.
Once Congress proposes an amendment, it is sent to the Archivist of the United States, who administers the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
State legislatures play a crucial role in this process. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). There are two methods for states to ratify amendments:
- Legislative Ratification: Three-fourths of state legislatures must ratify the amendment. This is the most common method, with 36 states requiring legislatures to approve amendments during one legislative session. An additional four states require passage during one or two successive sessions, and the remaining nine states require approval twice during two separate legislative sessions.
- Ratification Conventions: Three-fourths of state ratifying conventions or state conventions must approve the amendment. In some states, the legislature can call a convention without seeking voter approval, while other states allow voters to decide whether to hold a convention.
It is important to note that the Congress determines which method the states must follow for a proposed amendment to become effective.
In addition to the above methods, there are other ways to propose and approve constitutional amendments at the state level. These include legislatively referred constitutional amendments, initiated constitutional amendments through citizen petition, and, in some states, commission-referred amendment processes.
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Ratification by three-fourths of state legislatures
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution involves two steps: proposing an amendment and ratifying it.
The first step of proposing an amendment can be done in two ways. The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is for two-thirds of the state legislatures to apply for a constitutional convention to propose amendments.
Once an amendment has been proposed, it must be ratified. There are two methods for ratifying an amendment, and Congress decides which method must be used. The first method is for three-fourths of the state legislatures (38 out of 50 states) to ratify the amendment. The second method, which has only been used once for the Twenty-First Amendment, is for three-fourths of state ratifying conventions to approve the amendment.
When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once the Director has received the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution.
In addition to the process outlined in Article V, some states allow for alternative methods of proposing and ratifying constitutional amendments. These methods include legislatively referred constitutional amendments, initiated constitutional amendments through citizen signature petitions, and constitutional conventions.
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Court rulings can affect state constitutions
State legislatures can propose amendments to their constitutions, which become part of the constitution if approved by voters. Court rulings can also affect state constitutions. The US Supreme Court can review state laws and determine their constitutionality. If a state law is found to violate the US Constitution, the Supreme Court has the power to strike it down.
While the Supreme Court can review state laws, it cannot overturn state court rulings on state laws that are not governed by statute. State court rulings can create a form of "'law'" that has the same force and effect as a law enacted by statute. The Supreme Court's authority to review the constitutionality of a state law is not limited by whether it arises from a statute or judicial precedent.
The Supreme Court's rulings can impact the interpretation of state constitutions and the space for state constitutional law. For example, the Supreme Court's decisions can influence how state courts interpret their constitutions, potentially leading to more protective state constitutional decisions. The Supreme Court has expressed tolerance for state courts interpreting their constitutions to provide greater protection than its interpretations of the federal Constitution.
In some cases, the Supreme Court's rulings on federal constitutional rights may leave room for state courts to reach different outcomes under state constitutional law. For instance, the Supreme Court may rule against a search-and-seizure claim under the Fourth Amendment, but state courts can still interpret their state constitutions to impose more stringent constraints on police conduct.
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Frequently asked questions
There are two methods through which state legislatures can amend the constitution. The first method is by proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is by calling a constitutional convention requested by two-thirds of the state legislatures.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. Once the required number of authenticated ratification documents are received, the Archivist certifies that the amendment is valid and has become part of the Constitution.
There are four ways to propose constitutional amendments: through legislatively referred constitutional amendments, through initiated constitutional amendments, through constitutional conventions, and through commission-referred amendment processes.
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