Isabella Carter
The process of amending a state's constitution varies across the United States. While state legislatures generate more than 80% of constitutional amendments considered and approved annually, citizens can also propose amendments through initiatives. Seventeen states allow citizens to propose amendments, which typically must be ratified by a simple majority of voters. Four states require amendments to be approved by a majority of voters in the entire election, and Illinois allows amendments to be approved by three-fifths of voters. Amendments can also be crafted by conventions and commissions.
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What You'll Learn
The Fifteenth Amendment
In the United States, citizens do vote on constitutional amendments. The Fifteenth Amendment, passed by Congress on February 26, 1869, and ratified on February 3, 1870, was one such amendment that citizens voted on. This amendment, the last of the Reconstruction Amendments, granted African American men the right to vote, stating that:
> "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
However, it is important to note that the Fifteenth Amendment did not extend the right to vote to women, and it was not until the ratification of the Nineteenth Amendment in 1920 that women gained the right to vote. Additionally, the Supreme Court interpreted the Fifteenth Amendment narrowly in the late 19th and mid-20th centuries, leading to the rise of "Jim Crow" laws in the South that undermined the voting rights of African Americans.
The Voting Rights Act of 1965 further strengthened the Fifteenth Amendment by eliminating all forms of discrimination in federal, state, and local elections and authorizing federal supervision of voter registration. This act was extended multiple times and helped to abolish remaining deterrents to exercising the right to vote.
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Voting rights laws
The process of amending the Constitution is outlined in Article V of the Constitution. While citizens do not directly vote on the amendments, they play an important role through their elected representatives and, in some states, through direct democracy mechanisms.
Federal laws and constitutional amendments protect the voting rights of citizens. For example, the Fifteenth Amendment, ratified in 1870, prohibits the denial or abridgment of the right to vote based on race, colour, or previous servitude. The Nineteenth Amendment, ratified in 1920, guarantees women's right to vote. The Twenty-fourth Amendment, ratified in 1962, eliminated poll taxes in federal elections, and the Twenty-sixth Amendment, ratified in 1971, grants citizens aged 18 and older the right to vote.
In addition to constitutional amendments, federal laws such as the Civil Rights Acts and the Voting Rights Act of 1965 further protect voting rights by prohibiting voter discrimination based on race, colour, or membership in a language minority group. These laws ensure that citizens can exercise their right to vote without facing discrimination or unnecessary barriers.
State legislatures play a significant role in the amendment process, generating more than 80% of constitutional amendments considered and approved each year. The requirements for legislatures to craft amendments vary among states, with some requiring majority legislative support and others needing supermajority support. Additionally, citizens can initiate amendments through processes such as signature-gathering campaigns or ballot initiatives, depending on the state's specific procedures.
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Citizen-initiated amendments
In the United States, a ballot measure can make it onto the ballot through citizen initiative, legislative referral, or automatically in some states. Citizen-initiated constitutional amendments are allowed in 18 states, with 16 of these states allowing for direct initiatives and two for indirect initiatives. Direct initiatives go straight to the voters, while indirect initiatives go through the state legislature first, which can take various actions on the proposal before it goes to voters.
The citizen initiative process allows citizens to propose a constitutional or statutory amendment or a veto referendum for inclusion on a ballot. This can be achieved through direct or indirect means, both of which require citizens to collect a specified number of signatures prior to being placed on the ballot. The number of signatures required varies depending on the districts targeted for signature collection.
In addition to the 18 states that allow citizen-initiated constitutional amendments, 21 states allow for citizen-initiated amendments to state statutes, and two states (Maryland and New Mexico) allow for veto referendums but not initiated state statutes or amendments. It is worth noting that even if a state does not allow citizen initiatives at the state level, they may be used at the city level to place issues on the ballot for local consideration.
Overall, 26 states provide citizens with the power of initiative, referendum, or both. Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. However, it is important to note that each state has different requirements for getting an issue on the ballot.
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State legislatures
In the United States, the process of amending state constitutions varies across states. State legislatures generate more than 80% of constitutional amendments considered and approved annually. The requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the support of a majority of legislators, while others mandate supermajority legislative support. Certain states demand legislative support to be expressed 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, which is permitted in 10 states. In Hawaii, Minnesota, Tennessee, and Wyoming, amendments must be approved by a majority of voters in the entire election. Abstaining voters in these states are essentially counted as no votes. Illinois offers a combination of these approaches, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.
Seventeen states provide an alternative method for enacting amendments through citizen-initiative processes. Signature-collection requirements are typically tied to the number of votes cast in the previous gubernatorial election. Arizona and Oklahoma have the highest threshold, mandating supporters of an amendment to collect signatures equivalent to 15% of the votes from the last gubernatorial election. In contrast, Massachusetts sets the lowest bar at 3%. About half of the states also enforce a geographic distribution requirement for signature collection. Once citizen-initiated amendments qualify for the ballot, they generally need to be ratified like legislature-referred amendments, by a simple majority or supermajority of voters, depending on the state.
State constitutional conventions were historically convened to draft initial state constitutions or implement piecemeal amendments to existing constitutions. The process of amending state constitutions has evolved, with legislatures, citizens, conventions, and commissions all playing a role in crafting amendments.
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Federal laws
In the United States, citizens do not directly vote on constitutional amendments. Instead, the process of amending the Constitution is outlined in Article V of the Constitution and involves multiple steps at the federal and state levels. Here is an overview of the process:
Proposal of Amendments
The authority to propose amendments rests with Congress, which can do so with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention called for by two-thirds of the state legislatures can propose amendments, although this method has never been used in the history of the United States. The President does not have a formal role in the amendment process.
Ratification of Amendments
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. The process can vary, but typically, the proposed amendment is submitted to the state legislatures, which then consider and vote on ratification. Some states may hold elections to choose representatives who will vote on the amendment, effectively giving citizens an indirect say in the process.
Administrative Procedures
The administrative duties associated with the amendment process are handled by the National Archives and Records Administration (NARA), specifically the Archivist of the United States and the Director of the Federal Register. They follow established procedures and customs, including examining ratification documents for legal sufficiency and authenticity. Once the required number of authenticated ratification documents is received, the Archivist certifies the amendment as valid, and it becomes part of the Constitution.
Examples of Constitutional Amendments
Some notable constitutional amendments that have shaped voting rights in the United States include the 15th Amendment, granting African American men the right to vote regardless of race or previous slave status; the 19th Amendment, granting women the right to vote; the 24th Amendment, eliminating poll taxes used to restrict voting; and the 26th Amendment, lowering the voting age to 18 for all elections.
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Frequently asked questions
A constitutional amendment is a change or addition to the original text of the United States Constitution. Amendments can be crafted by legislatures, citizens, conventions, and commissions.
It depends on the state. In some states, amendments are crafted by the state legislatures and must be approved by a majority of legislators. Other states require amendments to be approved by a majority of voters in the entire election. Seventeen states also allow for citizen-initiated amendments, which must then be ratified by a majority of voters.
The Fifteenth Amendment, ratified in 1870, granted all men the right to vote regardless of race. The Nineteenth Amendment, ratified in 1920, extended this right to women. The Twenty-fourth Amendment, ratified in 1962, eliminated poll taxes in federal elections. The Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18.
