Omar Bennett
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 the amendment process, the involvement of voters varies across different states. In most states, legislatures are required to seek voter approval to amend their state constitutions. Citizen-initiated amendments, which are allowed in 18 states, generally have to be ratified by a simple majority of voters. However, in some states, citizen-initiated amendments face additional requirements, such as approval in two consecutive elections. In addition to citizen-initiated amendments, there are other avenues for voters to participate in the constitutional amendment process, such as through constitutional conventions or ballot initiatives.
| Characteristics | Values |
|---|---|
| Number of states requiring voter approval for the ratification of state constitutional amendments | 49 |
| Name of the state which doesn't require voter approval | Delaware |
| Number of states allowing citizens to initiate constitutional amendments | 18 |
| States requiring majority approval of voters in the entire election | Hawaii, Minnesota, Tennessee, and Wyoming |
| States providing an alternative path for enacting amendments via citizen-initiative processes | 17 |
| States requiring signatures equal to 15% of the votes cast in the last gubernatorial election | Arizona and Oklahoma |
| States requiring signatures equal to 3% of the votes cast in the last gubernatorial election | Massachusetts |
| States maintaining a geographic-distribution requirement for signature collection | 26 |
| States requiring approval by a majority of voters in two consecutive elections | Nevada |
| Number of constitutional conventions held from 1776 to 1986 | 250 |
| Number of amendments submitted to voters in Rhode Island's 1986 convention | 14 |
| Number of amendments approved by voters in Rhode Island's 1986 convention | 8 |
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What You'll Learn
Voter-initiated amendments
In most states, proponents of a voter-initiated amendment must first collect a certain number of petition signatures from registered voters. The number of signatures required is typically tied to the number of votes cast in the previous gubernatorial election, with thresholds ranging from 3% to 15% across different states. Once the required number of signatures is collected, the proposed amendment can be placed on the ballot for voter consideration.
In some states, such as California and Tennessee, voter-initiated amendments must be approved by a majority of voters in a referendum. This can be done through a general or special election, depending on the state's requirements. For example, in Tennessee, the proposed amendment must be published in newspapers of wide circulation for at least six months before the next legislative election and must receive approval from an absolute majority of voters in three separate readings on three separate days.
Other states, like Nevada, have additional requirements for voter-initiated amendments. In Nevada, these amendments must be approved by a majority of voters in two consecutive elections, making it a more challenging process.
While voter-initiated amendments provide a direct pathway for citizens to propose changes to their state constitutions, they are relatively infrequent. On average, less than 2 out of every 10 amendments adopted each year across the country are citizen-initiated. Nonetheless, states like California and Colorado are known for considering citizen-initiated amendments at a brisk pace.
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Ratification by voters
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 the amendment process, the process involves both Congress and state legislatures. Congress proposes an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. This process can vary from state to state, with some states allowing for citizen-initiated amendments, while others require legislative referral. Ultimately, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states).
While the specific process can vary across states, voter approval plays a crucial role in the ratification of constitutional amendments in most states. Out of the 50 states, 49 require voter approval for the ratification of state constitutional amendments. This means that in the majority of states, any proposed amendment must be approved by a majority of voters, either through a referendum or a general election. For example, in California, there are three methods for proposing an amendment: by the legislature, by constitutional convention, or by voter initiative. All proposed amendments must then be approved by a majority of voters.
Some states, like Massachusetts, allow for indirect initiatives, where the proposal first goes through the state legislature before being put to a vote. In other states, like Hawaii, Minnesota, Tennessee, and Wyoming, amendments must be approved by a majority of voters in the entire election; abstaining from voting is essentially counted as a "no" vote.
The process of citizen-initiated amendments adds another layer of complexity. In most states, these amendments must be ratified by a simple majority of voters, similar to legislature-referred amendments. However, in states like Nevada, citizen-initiated amendments face a higher bar, requiring approval by a majority of voters in two consecutive elections.
The involvement of voters in the ratification process underscores the democratic nature of the constitutional amendment process, ensuring that any changes to the fundamental law of the land reflect the will of the people.
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Citizen-initiated constitutional amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. While none of the 27 amendments to the Constitution have been proposed by constitutional convention, citizens do have a role in the constitutional amendment process through citizen-initiated constitutional amendments.
To initiate the process, proponents of a ballot initiative must collect a certain number of petition signatures from registered voters in their state. The number of signatures required varies by state and is often based on the number of votes cast in the last gubernatorial election. For example, Arizona and Oklahoma have the highest requirement, needing signatures equal to 15% of the votes cast in the last gubernatorial election. In contrast, Massachusetts has the lowest requirement at 3%. Some states also have geographic distribution requirements, such as needing signatures from a certain percentage of registered voters in each state senate district.
Once the required number of signatures is collected, the amendment is placed on the ballot for voters to decide on. In some states, the initiative first goes to the state legislature, which can take various actions on the proposal before it reaches the voters. This process is known as an indirect initiative. In contrast, a direct initiative bypasses the legislature and goes directly to the voters.
While citizen-initiated constitutional amendments provide a pathway for citizens to have a direct impact on their state's constitution, it is important to note that they are relatively uncommon. On average, citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted annually across the country. However, certain states, such as California and Colorado, are known for considering these amendments at a faster pace.
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State constitutional conventions
A state constitutional convention is a gathering of elected delegates who propose revisions and amendments to a state constitution. State constitutional conventions differ from conventions to propose amendments to the United States Constitution, also referred to as an Article V Convention. While the U.S. Constitution has been amended 27 times in 235 years and has never been subject to a complete revision, the average state constitution includes 115 amendments and has been revised five times. This is because state governments possess broad authority to protect and promote the well-being of their residents unless the relevant state constitution says otherwise.
In most states, the process for calling a constitutional convention is established in their constitution, and states use a wide range of approaches. In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically on the ballot every ten or twenty years. In others, the legislature can call a convention without seeking voter approval. Some states allow the legislature to pose the question of whether to call a convention to the people. As of 2023, 42 states have rules that govern how a constitutional convention can be called in their state.
In 13 states, a recurring ballot measure automatically gives voters the chance to call for a convention without collecting signatures or seeking legislative approval. The last time voters approved a constitutional convention question was in 1996 in Hawaii, although no convention was ultimately held due to issues with blank ballots. No state has used this mechanism to initiate a convention since 1984, when Rhode Island voters approved the question and held a convention two years later.
Scheduled automatic ballot referrals for constitutional convention questions in 2022 included Alaska, Missouri, New Hampshire, and Rhode Island. In 14 states, a constitutional convention question is an automatic ballot referral, meaning no legislative vote is required. However, in Oklahoma, state officials have declined to place a question on the ballot since 1970.
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Legislator requirements
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 the amendment process, the process typically involves Congress, the Archivist of the United States, and the states. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification, where three-fourths of the states must approve for the amendment to become part of the Constitution.
At the state level, the process for proposing and ratifying amendments can vary. In most states, legislatures play a crucial role in this process, as they can refer amendments to the ballot. However, the specific requirements for legislators vary across states:
- In some states, a simple majority of legislators is required to propose an amendment. For example, in Tennessee, the General Assembly passes a resolution with an absolute majority on three separate readings on three separate days.
- Other states require a supermajority, such as California and Texas, which mandate a two-thirds majority of the elected membership of each house for an amendment to be approved.
- A few states, like Massachusetts and Mississippi, allow for indirect initiatives where the proposal goes through the state legislature before reaching the voters.
- Additionally, in states like Colorado, there may be geographic distribution requirements for signature collection, ensuring support across different regions of the state.
- Legislators can also play a role in calling for a constitutional convention, which is another method for proposing amendments. In most states, a majority legislative vote is needed to call for a convention, while some states require a supermajority.
While the specific procedures may differ, the role of legislators in the constitutional amendment process is crucial. They initiate and shape the proposals, ensuring they meet the necessary thresholds for approval before being presented to the voters for ratification.
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Frequently asked questions
The constitutional amendment process involves proposing and ratifying changes to a state's constitution. Amendments can be proposed by state legislatures or by citizens through initiatives or conventions. After an amendment is proposed, it must be ratified, typically by a majority vote of the state's citizens.
Yes, voters play a crucial role in the constitutional amendment process. In 49 out of 50 states, voter approval is required to ratify state constitutional amendments. Citizens can also initiate constitutional amendments in 18 states by collecting petition signatures from registered voters. Additionally, voters can decide to hold a convention to propose amendments in some states.
Voters can participate in the constitutional amendment process by voting on proposed amendments, signing petitions for citizen-initiated amendments, and deciding on holding conventions to propose amendments. In some states, voters can also directly propose amendments through a referendum process.
