Eleanor Finch
Amending the US Constitution is a difficult and time-consuming process, as the framers intended. It has been amended only 27 times since 1787. In contrast, state constitutions are much easier to modify, and state constitutional amendments are adopted regularly. While the US Constitution can be amended 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, state constitutions offer multiple paths for amendments, including citizen-initiative processes, legislative processes, and state constitutional conventions. These varying processes for amending state constitutions result in different frequencies of amendments, with some states amending their constitutions more frequently than others. The processes for amending state constitutions, including the distinction between amendments and revisions, vary across states and are outlined in their respective constitutions.
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What You'll Learn
State constitutions are easier to amend than federal ones
The US Constitution is deliberately difficult to amend. Chief Justice John Marshall wrote that it was written "to endure for ages to come". Since 1787, it has been amended only 27 times. Amending the US Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification from three-quarters of state legislatures.
State constitutions, on the other hand, are much easier to modify. They offer multiple paths for amendments, which are adopted regularly. The 50 state constitutions have been amended around 7,000 times. States like Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average.
State legislatures can propose amendments, revisions, or other proposals to the constitution, which are then ratified or rejected by voters. Seventeen states also allow citizen-initiated amendments, where citizens propose amendments that are then put to a vote. Citizen-initiated amendments make up fewer than 2 out of every 10 amendments adopted per year.
Constitutional conventions are another way to amend state constitutions. These have been held 250 times since 1776, but they have become less common in recent decades. Conventions submit proposed amendments or revisions to voters for approval. Florida is unique in allowing constitutional commissions to submit amendments directly to voters.
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Amendments require a proposal and ratification
Amending the US Constitution is a challenging and lengthy process. It has only been amended 27 times since 1787, with the first ten amendments being adopted as the Bill of Rights in 1791. In contrast, state constitutions are amended frequently and with greater ease. For instance, the current constitutions of the 50 states have been amended approximately 7,000 times.
Amendments to a state constitution differ from revisions in that amendments typically involve changes to specific provisions or the addition of new ones, while revisions entail a comprehensive review and modification of the entire document. Amendments are usually proposed to address a particular issue or concern, whereas revisions are undertaken to update and modernise the constitution as a whole.
The process of amending a state constitution can vary from state to state. Some states, like California, have a detailed process outlined in their constitution, requiring a two-thirds majority vote in each chamber of the state legislature to propose an amendment, followed by statewide ratification by the voters. Other states may have different thresholds for proposing and ratifying amendments, and some allow for citizen-initiated amendments, where citizens can propose and gather support for amendments through signatures or ballot initiatives.
The US Constitution, on the other hand, has a more uniform process for amendments outlined in Article V. Amendments can be proposed by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of the state legislatures. Once proposed, amendments must be ratified by three-fourths of the states to become part of the Constitution. This process ensures that any changes made to the US Constitution have broad support across the country and are not easily influenced by temporary majorities or special interests.
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Ratification can be via state legislatures or conventions
Amending state constitutions is a much simpler process than amending the federal Constitution, with state constitutions being modified regularly. The US Constitution, on the other hand, has been amended only 27 times since 1787, making it a challenging and time-consuming process.
The authority to amend the US Constitution is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is sent to the Archivist of the United States, who administers the ratification process. The Archivist delegates many of the duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
Ratification can be achieved via state legislatures or conventions. State legislatures can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then put on a statewide ballot for ratification or rejection by the state's voters.
Some states, like California, allow the state legislature to propose revisions in addition to amendments. In other states, like Arizona, a convention can be called to revise the constitution if approved by a statewide vote. Conventions submit proposed amendments to voters for approval, and these are ratified in the same way as amendments proposed by legislatures, typically by a simple majority.
Additionally, 17 states allow for citizen-initiated amendments, where citizens gather signatures in support of holding a vote on an amendment.
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Conventions submit proposed changes to voters for approval
Amending state constitutions is a much easier process than amending the federal Constitution. While the US Constitution has been amended only 27 times, state constitutions have been amended around 7,000 times.
State constitutions offer multiple paths for amendments, and one of these is through conventions. A convention is called when two-thirds of the state legislatures ask Congress to call for one. Once a convention is called, it can propose amendments to the constitution, which are then submitted to the voters for approval.
Conventions have been a less popular path for amendments in recent times. The last full-scale state constitutional convention in the US was held in 1986 in Rhode Island. This convention submitted 14 amendments to voters, of which 8 were approved.
However, conventions continue to be a potential path for amendments. In general, convention-referred amendments are ratified in the same way as legislature-referred amendments, usually by a simple majority of voters. Florida is an exception, as it allows constitutional commissions to submit amendments directly to voters.
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Citizen-initiated amendments are possible in some states
Amending a state constitution is much easier than amending the federal Constitution. State constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
Citizen-initiated amendments are possible in several states. Seventeen or eighteen states currently allow citizen-initiated constitutional amendments. These include Arizona, California, Colorado, Massachusetts, Mississippi, Nevada, Oklahoma, and Rhode Island. Mississippi's process was rendered unusable by a 2021 Supreme Court ruling, however.
The number of signatures required to qualify citizen-initiated amendments for the ballot varies from state to state. Arizona and Oklahoma have the highest bar, requiring 15% of the votes cast in the last gubernatorial election. Massachusetts has the lowest bar, requiring only 3%. Some states also have geographic distribution requirements for signature collection, such as collecting signatures from 2% of registered voters in every state senate district.
Once citizen-initiated amendments qualify for the ballot, they generally need to be ratified by a simple majority of voters, just like legislature-referred amendments. However, some states, like Nevada, require approval by a majority of voters in two consecutive elections.
Citizen-initiated amendments are considered at a particularly brisk pace in some states, such as California and Colorado. On average, they account for fewer than 2 out of every 10 amendments adopted around the country each year.
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Frequently asked questions
The US Constitution can be amended 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. Amendments must then be ratified by three-fourths of the States (38 out of 50).
State constitutions are amended regularly and are much easier to modify than the federal Constitution. The current constitutions of the 50 states have been amended around 7,000 times. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average.
State constitutions can be amended through a legislatively referred constitutional amendment, a constitutional convention, or a citizen-initiated amendment. Seventeen states currently allow citizen-initiated amendments, and 18 states allow citizens to initiate constitutional amendments.
Amendments are changes made to a constitution, while revisions refer to the act of re-examining or changing a constitution, which may or may not result in amendments.
