Proposed Amendments: Easy To Pass?

The process of amending the US Constitution is a challenging one, and of the more than 11,000 proposed amendments, only 27 have been ratified. This is in stark contrast to state constitutions, which have been amended around 7,000 times. The US Constitution can be amended through two methods: the first requires a two-thirds majority vote in both the House and the Senate, while the second, which has never been used, involves two-thirds of the states requesting a convention for proposing amendments. State constitutions, on the other hand, offer multiple paths for amendment, with varying requirements for legislative support and voter approval.

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State constitutions are amended more often than the federal Constitution

State constitutions are amended more frequently than the US federal Constitution. The US Constitution has been amended 27 times since 1787, while the 50 state constitutions have been amended around 7,000 times. In 2022 alone, state constitutions were collectively amended nearly 70 times.

There are several reasons why state constitutions are amended more often. Firstly, state constitutions deal with a broader range of functions and have a wider scope, which lends itself to more frequent amendments based on changing societal needs and the will of the people. For example, Texas has had 491 amendments to its constitution since 1876, while California voters can propose amendments directly through ballot initiatives, leading to frequent updates.

Secondly, the process of amending state constitutions is often less complicated and can involve voter initiatives, where citizens can propose changes directly to the constitution, bypassing the legislative process. This leads to more frequent amendments in response to public demand. In 10 states, the easiest route to legislative approval of amendments is through a majority vote in a single session. In contrast, the US Constitution requires a two-thirds majority in each house for an amendment to be submitted to the states for ratification.

Thirdly, state legislatures generate more than 80% of constitutional amendments approved each year. States vary in their requirements, with some requiring a simple majority of legislators to back an amendment, while others require a supermajority legislative vote.

Finally, state constitutional conventions, where amendments are proposed and submitted to voters for approval, have been held regularly throughout US history. From 1776 to 1986, 250 constitutional conventions took place in the 50 states. While there has been a decline in convention activity in recent decades, they remain a potential path for amending state constitutions.

State legislatures generate most constitutional amendments

State legislatures are responsible for generating most constitutional amendments. While the U.S. Constitution has only been amended 27 times, state constitutions have been amended around 7,000 times. State legislatures generate more than 80% of constitutional amendments considered and approved each year.

The process of amending state constitutions varies. Some states require majority legislative support for amendments, while others require supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions. The path to legislative approval of amendments is most accessible in the 10 states that permit approval by a majority vote in a single session. In contrast, 25 states have a higher threshold, with 16 requiring a two-thirds vote and nine requiring a three-fifths vote.

Some states, like Florida, have additional processes for proposing constitutional amendments. Florida has two separate commissions that can place amendments on the ballot for voter approval: the Constitution Revision Commission and the Taxation and Budget Reform Commission. These commissions meet every 20 years, with staggered timelines, ensuring that one commission meets every 10 years.

The ease of amending state constitutions compared to the U.S. Constitution is evident. While the U.S. Constitution has seen over 11,000 proposed amendments, with only 27 ratified, state constitutions are amended more frequently. 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, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.

Two methods for proposing amendments

The US Constitution is difficult to change and has only been amended 27 times out of more than 11,000 proposals. However, state constitutions are much easier to modify, and state constitutional amendments are adopted regularly. The current constitutions of the 50 states have been amended around 7,000 times.

Article V establishes two methods for proposing amendments to the Constitution. 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. Since the founding of the nation, Congress has followed this procedure to propose 33 constitutional amendments, which were sent to the states for potential ratification. However, many more proposals (at least 11,000) have failed to gain the required two-thirds majority in each house for submission to the states.

The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the states. This method has sparked debates among scholars on issues such as whether Congress must call a convention upon receiving the requisite number of state applications and whether the convention can be limited to certain topics.

In addition to these methods at the federal level, states offer multiple paths for amending their constitutions. State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. The requirements for legislatures to craft amendments vary by state, with some requiring majority support and others demanding supermajority legislative backing.

Some states, like Florida, have unique processes. Florida's constitution authorizes two separate commissions to place amendments on the ballot for voter approval. A Constitution Revision Commission meets every 20 years and can propose amendments on any subject, while a Taxation and Budget Reform Commission meets every 10 years to suggest amendments dealing solely with tax and budget matters.

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A majority or supermajority vote is required to call a convention referendum

The process of amending the U.S. Constitution is a challenging one, with over 11,000 proposals put forward, but only 27 successfully ratified. The first 10 amendments, known as the Bill of Rights, were ratified in 1791.

State constitutions, on the other hand, are amended more frequently, with around 7,000 amendments across all 50 states. Some states, like Alabama, Louisiana, South Carolina, Texas, and California, amend their constitutions more than three to four times per year on average.

When it comes to calling a convention referendum, the requirements vary. In most states, a simple majority legislative vote is needed, while a few states require a supermajority legislative vote. A supermajority vote is a type of voting requirement that exceeds a simple majority, often by a significant margin. For example, in the United States, a simple majority is usually defined as 50% plus one, while a supermajority could be defined as two-thirds or three-fifths (60%).

In the context of calling a convention referendum, the specific threshold for a supermajority vote can vary depending on the state and their legislative procedures. Some states may require a two-thirds vote, while others might set the threshold at three-fifths. It's important to note that the definition of a supermajority can also be influenced by whether it includes the entire membership or just those present during the vote.

After a convention referendum is called by legislators, the process may involve submitting it to a referendum for approval by a majority of voters. This step can be bypassed in a few states, and some states require periodic referendums on calling a convention at set intervals.

Florida's constitution authorises two commissions to place amendments on the ballot

The U.S. Constitution has been amended only 27 times, whereas state constitutions are amended more frequently. State constitutional amendments are adopted regularly, with the current constitutions of the 50 states having been amended around 7,000 times.

Florida's constitution is unique in that it authorizes two separate commissions to place amendments directly on the ballot for voter approval. The Constitution Revision Commission, which meets every 20 years, can propose constitutional amendments on any subject. The Taxation and Budget Reform Commission, which also meets every 20 years, can only propose amendments related to tax and budget items. The two commissions meet on a staggered timeline, so one of them holds a meeting every 10 years. Florida's Constitution can also be amended through a legislative process, a citizen-initiated process, or a convention-referred constitutional amendment.

The most recent meeting of one of these Florida commissions took place in 2017–2018, when the Constitution Revision Commission placed several amendments on the 2018 ballot. Voters approved each of the seven amendments that remained on the ballot by Election Day, all by the requisite three-fifths popular vote required to approve most Florida amendments.

Florida is not alone in empowering commissions to recommend amendments for legislative consideration. However, it is the only state where commissions can place amendments directly on the ballot. In most states, a majority legislative vote is required to call a convention referendum, while a supermajority legislative vote is needed in others. Amendments can also be proposed by Congress, but this requires a two-thirds vote in each house.

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