Simone Lawson
The process of amending state constitutions varies across the United States. While most states require voter approval for constitutional amendments, the specific procedures and requirements differ. Some states, like Florida, have commissions that propose amendments, while others allow citizen-initiated amendments or constitutional conventions. Legislatures also play a role, with some states requiring majority or supermajority legislative support. The ratification process, as outlined in Article V of the Constitution, involves Congress proposing an amendment, followed by state ratification and administrative steps overseen by the Archivist of the United States and the National Archives and Records Administration (NARA).
| Characteristics | Values |
|---|---|
| Number of states requiring voter approval for constitutional amendments | 49 out of 50 states |
| States with no requirement for voter approval | Delaware |
| States with a process for initiated constitutional amendments | 18, including Arizona, California, Colorado, Florida, and Nevada |
| States with automatic ballot referrals for voters to decide on holding a convention | 14, including Alaska |
| States with laws outlining how a constitutional convention can be called | 44 |
| States requiring a supermajority of voters to ratify citizen-initiated amendments | Nevada |
| States with commissions to place amendments on the ballot | Florida |
| States requiring the highest number of signatures for amendment supporters | Arizona and Oklahoma (15% of votes cast in the last gubernatorial election) |
| States with the lowest signature requirement for amendment supporters | Massachusetts (3% of votes cast in the last gubernatorial election) |
| States requiring geographic distribution of signatures | Just over half, including Colorado |
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What You'll Learn
- Delaware is the only state that doesn't require public voting for constitutional amendments
- Legislatures in 49 out of 50 states must seek voter approval to amend state constitutions
- Citizen-initiated amendments need approval from a simple majority of voters in most states
- Amendments proposed by Congress require a two-thirds majority vote in the House of Representatives and the Senate
- State legislatures generate more than 80% of constitutional amendments considered and approved annually
Delaware is the only state that doesn't require public voting for constitutional amendments
In the United States, the process of amending a state's constitution varies across different states. While most states require public voting for constitutional amendments, Delaware is an exception to this rule.
Delaware is unique in that proposed amendments to its state constitution are not submitted to voters for approval or rejection. Instead, amendments are adopted after gaining approval from two consecutive legislatures, with a mandatory general election in between. This process is outlined in Article XVI, Section 1 of the Delaware Constitution.
The Delaware Supreme Court has ruled that substantial compliance with the state's publication requirements is sufficient, as long as the electorate is not misled. Proposed amendments must be disseminated to the public through eligible newspapers and online platforms within a specific timeframe before the next general election.
In contrast, most other states allow citizens to have a direct say in the amendment process. For example, states like Hawaii, Minnesota, Tennessee, and Wyoming require amendments to be approved by a majority of voters in the entire election. Illinois offers a flexible approach, allowing amendments to be approved by either a three-fifths majority of voters on the amendment or a simple majority of all voters in the election.
Additionally, about half of the states facilitate the amendment process through citizen-initiative procedures. These initiatives typically require supporters to collect signatures equivalent to a certain percentage of votes from the previous gubernatorial election. Once qualified, citizen-initiated amendments are generally ratified by a simple majority of voters, although some states demand a supermajority.
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Legislatures in 49 out of 50 states must seek voter approval to amend state constitutions
In the United States, the process of amending state constitutions varies across different states. Legislatures in 49 out of 50 states must seek voter approval to amend state constitutions. Delaware is the only state where voter approval is not required for state constitutional amendments.
In most states, citizen-initiated amendments must be ratified by a simple majority of voters. However, several states require a supermajority of voters for ratification. Nevada stands out with an additional requirement, mandating that citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
State legislatures are responsible for generating more than 80% of the constitutional amendments considered and approved annually across the country. The legislative rules and procedures for amending state constitutions through referred ballot measures differ among the states. Some states require amendments to secure the support of a majority of legislators, while others mandate supermajority legislative support.
The simplest path to legislative approval of amendments is through a majority vote in a single session, which is permitted in 10 states. Twenty-five states have set a higher threshold, with 16 requiring a two-thirds vote and nine demanding a three-fifths vote. Additionally, some states have signature-collection requirements for citizen-initiated amendments, with thresholds ranging from 3% to 15% of the votes cast in the previous gubernatorial election.
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Citizen-initiated amendments need approval from a simple majority of voters in most states
The United States has a complex system of constitutional amendment processes, which vary from state to state. Citizen-initiated amendments are a crucial aspect of direct democracy, empowering citizens to propose and enact changes to their state constitutions. These amendments are typically placed on the ballot through citizen initiatives, where supporters must collect a certain number of petition signatures from registered voters. The number of signatures required varies across states, with some states also imposing geographic distribution requirements for signature collection.
Once a citizen-initiated amendment qualifies for the ballot, it undergoes a ratification process. In most states, a simple majority of voters is required for ratification, aligning with the process for legislature-referred amendments. This simple majority rule is observed in states like California, Colorado, and Florida, where citizens actively propose amendments. Notably, Florida has two separate commissions that propose amendments, with voter approval ranging from a simple majority to a three-fifths majority, depending on the nature of the amendment.
However, it's important to acknowledge that several states demand a supermajority of voters for ratification. Nevada, for instance, stands out with its unique requirement for citizen-initiated amendments to be approved by a majority of voters in two consecutive elections. Similarly, New Hampshire mandates a two-thirds vote, while Colorado requires a three-fifths vote for most amendments. Illinois offers a flexible approach, allowing amendments to be approved by either a supermajority of voters on the amendment or a majority of voters in the entire election.
The diversity of ratification requirements underscores the complexity of the amendment process across different states. While most states opt for a simple majority, the presence of supermajority requirements in several states introduces a higher threshold for enacting citizen-initiated amendments. This variation in voter approval requirements reflects the dynamic nature of democratic decision-making and the varying levels of support needed for constitutional changes in different states.
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Amendments proposed by Congress require a two-thirds majority vote in the House of Representatives and the Senate
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments. The first method, which has been used for all amendments proposed so far, requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that at least two-thirds of the members present in each chamber must vote in favour of the proposed amendment. It is important to note that this is not a vote of all members of Congress, but only those present during the vote, assuming a quorum is met.
The second method outlined in Article V involves a constitutional convention called for by two-thirds of the state legislatures. However, this method has never been used to propose any of the 27 amendments to the Constitution. Once an amendment is proposed by Congress or a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
The process of proposing and ratifying amendments is a complex and lengthy one. At least 11,000 proposals to amend the Constitution have been introduced in Congress, but only 33 have been approved by the required two-thirds majority in both houses and sent to the states for ratification. Of these, six have been proposed by Congress but not ratified by the states.
While the specific process of proposing amendments through Congress requires a two-thirds majority vote in both chambers, it is worth noting that the overall amendment process involves multiple steps and requirements, including ratification by a significant number of states.
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State legislatures generate more than 80% of constitutional amendments considered and approved annually
State legislatures are responsible for generating more than 80% of the constitutional amendments that are considered and approved annually. This is because state constitutions are much easier to modify than the federal Constitution. The constitutions of the 50 states have been amended approximately 7,000 times in total. In contrast, the U.S. Constitution has only been amended 27 times.
The requirements for legislatures to craft amendments vary from state to state. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. There are also differences in whether legislative support must be expressed in a single session or two consecutive sessions. The simplest way to get legislative approval for an amendment is to allow it to be approved by a majority vote in a single session, which is possible in 10 states. Twenty-five states have a higher threshold, requiring a supermajority legislative vote in a single session, with nine of these states requiring a three-fifths vote and 16 requiring a two-thirds vote.
Citizen-initiated amendments make up fewer than 20% of all amendments adopted each year. These amendments must generally be ratified in the same way as legislature-referred amendments, by a simple majority of voters in most states and a supermajority in several others. Nevada, however, requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections. California and Colorado are among the states that consider citizen-initiated amendments at a notably fast rate.
Florida's constitution allows 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 topic. A Taxation and Budget Reform Commission meets every 20 years as well, but on a staggered schedule with the other commission. This means that one of the commissions meets every 10 years. This commission can only propose amendments related to taxes and budgets.
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Frequently asked questions
No. Delaware is the only state that does not require voter approval for state constitutional amendments.
49 out of 50 states require voter approval to amend a state constitution.
The process of amending a state constitution through public voting can vary across states. One common method is for citizens to initiate amendments through signature petitions. Once an amendment qualifies for the ballot, it is typically ratified by a simple majority of voters in most states and by a supermajority in several others.
Yes, some states like Alabama, Louisiana, and Maryland have specific requirements. For instance, in Alabama, a local constitutional amendment requires statewide approval unless there is a unanimous legislative vote, in which case it only needs local approval.
In most states, legislators cannot block citizen-initiated amendments from appearing on the ballot. However, the specific rules and procedures for placing amendments on the ballot may vary across states.
