How States Constitutionally Pass Amendments

The process of amending a state constitution varies across the United States. While Congress proposes amendments to the Constitution, which are then ratified by three-fourths of the states, individual states may have their own processes for amending their constitutions. For instance, Arizona allows for three methods of amending its constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Similarly, Florida is unique in allowing constitutional commissions to submit amendments directly to voters. In contrast, Massachusetts requires citizen-initiated amendments to secure support from one-fourth of the legislature before appearing on the ballot.

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Congress proposes an amendment with a two-thirds majority vote

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed either 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.

The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. This is the only method for proposing amendments that has been used thus far. Since the founding, Congress has followed this procedure to propose thirty-three constitutional amendments, which were sent to the states for potential ratification. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each house required for submission to the states for ratification.

When Congress proposes an amendment in the form of a joint resolution, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process.

The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or the state calls 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, which is immediately conveyed to the Director of the Federal Register.

State legislatures can call a convention without voter approval

The United States 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, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.

In most states, a majority legislative vote is needed to call a convention referendum, while a supermajority legislative vote is required in others. Notably, in four states, it is possible to bypass the legislature and directly call a convention through an initiative process. These initiative processes vary from state to state. For example, in Florida, proponents must collect signatures equal to 15% of the total number of votes cast in the last presidential election.

Some states, including Alabama, only require a simple majority of each legislative chamber to back a constitutional convention question before putting it to a vote. A simple majority vote of the electorate is then needed to call the convention. In California, a two-thirds vote by each chamber is required to refer the question to the voters, but only a simple majority is needed to call the convention.

Interestingly, some states, such as Georgia, Louisiana, Maine, South Dakota, and Virginia, allow their state legislatures to call a convention without the voters' consent. However, any constitutional changes proposed at the convention must be approved by the voters. For instance, in Louisiana, the governor, Jeff Landry, is pushing for a convention to update the state's constitution, with the aim of putting a revised constitution to voters in an upcoming election.

Citizen-initiated amendments require legislative approval

Citizen-initiated amendments are a means for citizens to propose and vote on constitutional amendments directly, without requiring legislative referral. This process, known as the initiative process, allows citizens to gather a predetermined number of signatures to place a measure on a ballot for a referendum or popular vote. The number of signatures required varies across states, with some states setting higher thresholds than others. For example, Arizona and Oklahoma have the highest requirement, needing signatures equal to 15% of the votes cast in the last gubernatorial election. On the other hand, Massachusetts has the lowest requirement at 3%.

Once the required number of signatures is obtained, the proposed amendment is put to a vote. Most states require approval by a simple majority of voters, while some states, like Florida, demand a higher threshold of 60% voter approval. Notably, Nevada imposes an additional condition, requiring citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.

While citizen-initiated amendments do not need court or legislative approval, they may be subject to judicial review to ensure they do not conflict with the U.S. Constitution. This review can result in amendments being struck down if they are deemed inconsistent with federal law.

It is worth noting that state legislatures generate over 80% of the constitutional amendments considered and approved annually across the country. This highlights the dominance of legislative bodies in the amendment process, despite the availability of citizen-initiated amendment procedures.

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Amendments must be ratified by three-fourths of the states

The process of amending the Constitution of the United States 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 ultimately rests with Congress, which can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate.

Alternatively, two-thirds of state legislatures (36 out of 50 states) can call for a constitutional convention to propose amendments. However, this has never been done in the history of the United States. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be done through state legislatures or state conventions, depending on what Congress specifies.

The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who 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 until an amendment is adopted or fails.

At the state level, the process of amending constitutions varies. Some states, like Florida, allow constitutional commissions to submit amendments directly to voters. Other states, like Arizona, provide multiple methods for amending their constitutions, including citizen-initiated processes, legislative processes, and state constitutional conventions. The requirements for approving amendments also differ, with some states requiring simple majorities and others demanding supermajorities or successive legislative sessions for ratification.

Some states require amendments to be passed in successive legislative sessions

The process of amending state constitutions varies across different states in the United States. While some states require amendments to secure the backing of a majority of legislators, others require supermajority legislative support.

Some states require amendments to be passed in one legislative session, while others require them to be passed in two successive legislative sessions. In Connecticut, for example, when an amendment receives a 75% vote in both legislative chambers, it goes on the ballot. However, when an amendment receives a simple majority vote in both legislative chambers, it must pass during two successive legislative sessions to go on the ballot.

Tennessee has a similar process, requiring a simple majority vote in the first legislative session and a two-thirds vote in the second legislative session. Additionally, Tennessee requires amendments to be placed on general election ballots with a gubernatorial election.

Hawaii also requires amendments to be passed in two successive legislative sessions, with a simple majority vote required in both sessions. Amendments in Hawaii do not require the governor's signature to be referred to the ballot.

Some states, like Massachusetts, have unique processes for citizen-initiated amendments. In Massachusetts, citizen-initiated amendments must secure support from one-fourth of the members of the legislature, voting in two consecutive sessions, before they can appear on the ballot.

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