Simone Lawson
The process of amending a state constitution differs across various states in the US. While the federal Constitution is difficult to change, having been amended only 27 times, state constitutions are amended regularly and more easily. There are multiple paths for amending state constitutions, with 18 states allowing initiated constitutional amendments put on the ballot through citizen signature petitions. The legislatures of 49 states vote on constitutional amendments before referring them to the ballot for voter consideration, with Delaware being the only exception. The majority of states require voter approval for amendments, with varying thresholds for approval. Some states require amendments to be approved by a majority vote in two consecutive legislative sessions, while others demand a supermajority vote in one or more legislative chambers.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Who proposes an amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Who can also propose an amendment? | A constitutional convention called for by two-thirds of the State legislatures |
| What happens after Congress proposes an amendment? | The Archivist of the United States administers the ratification process |
| What happens after the Archivist receives enough ratification documents? | A formal proclamation is drafted for the Archivist to certify that the amendment is valid and part of the Constitution |
| What happens after certification? | It is published in the Federal Register and U.S. Statutes at Large as official notice to Congress and the Nation |
| How often are state constitutions amended? | Alabama, Louisiana, South Carolina, Texas, and California amend more than three to four times per year on average |
| How often are state constitutions amended (cont.)? | Tennessee, Kentucky, Indiana, Illinois, and Vermont amend once every three to four years on average |
| How many paths do states offer for amending their constitutions? | Multiple paths, which are easier than amending the federal Constitution |
| How many times have state constitutions been amended? | Around 7,000 times |
| How many amendments to the U.S. Constitution have there been? | 27 |
| How many amendments have been proposed but not ratified by the states? | 6 |
| How many constitutional amendments were proposed and put before voters from 2006-2024? | 1,244 |
| How many proposed changes to state constitutions were approved by voters from 2006-2024? | 891 |
| How many states have a process for initiated constitutional amendments? | 18 |
| How many states have laws that lay out how a constitutional convention can be called? | 44 |
Explore related products
What You'll Learn
State legislatures generate most amendments
State legislatures are responsible for generating most constitutional amendments, with more than 80% of amendments considered and approved each year originating from this source. The process of amending a state constitution varies across different states. For instance, some states require amendments to be supported by a majority of legislators, while others mandate supermajority legislative support. There are also variations in the number of legislative sessions required for approval, with some states needing only a single session and others requiring two consecutive sessions.
The simplest way to obtain legislative approval for amendments is through a majority vote in a single session, which is possible in 10 states. However, 25 states have set a higher threshold, requiring a supermajority legislative vote in a single session. This can be further broken down into a three-fifths vote in 9 states and a two-thirds vote in 16 states.
Eleven states have a different requirement, mandating that amendments be approved by a majority vote in two consecutive legislative sessions. Four of these states offer an alternative route by allowing approval by a supermajority vote in a single session. Additionally, four states have even higher standards, requiring a supermajority vote in one or more legislative chambers and seeking legislative approval across consecutive sessions.
Delaware stands out as the only state that does not require voter ratification of amendments. In Delaware, amendments take effect once they receive a two-thirds legislative vote across two consecutive sessions. In contrast, the remaining 49 states require voter approval, with most states permitting ratification by a simple majority vote. However, three states, namely New Hampshire, Florida, and Colorado, have set a supermajority threshold for voter approval, with specific vote percentages required.
Beyond legislative processes, 18 states facilitate initiated constitutional amendments, allowing citizens to propose amendments through signature petitions. This method, however, is rarely used in states like Illinois and Mississippi due to its challenging requirements. Seventeen states also offer a citizen-initiative process for enacting amendments, with Mississippi being a recent addition. Additionally, 44 states have outlined the process for calling a constitutional convention, with some states automatically including this question on the ballot at regular intervals.
Amending India's Constitution: The Process Simplified
You may want to see also
Voters ratify amendments
State constitutions are much easier to modify than the federal Constitution, and state constitutional amendments are adopted regularly. The constitutions of the 50 states have been amended around 7,000 times.
Every state but Delaware requires voters to ratify proposed state constitutional amendments. From 2006 through 2024, voters approved 891 proposed changes to state constitutions out of 1,244 constitutional amendments proposed and put before voters.
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. States vary in their requirements for legislatures to craft amendments. Some require that amendments secure the backing of a majority of legislators, while others require supermajority legislative support.
Most states permit voters to ratify legislature-crafted amendments by a simple majority vote. However, some states set a supermajority threshold, such as a two-thirds vote in New Hampshire, a three-fifths vote in Florida, and a 55% threshold in Colorado.
Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. In these states, voters who abstain from voting on an amendment count as no votes. Illinois combines these approaches, allowing amendments to be approved if they are supported by three-fifths of voters on the amendment or by a majority of voters in the entire election.
Printing Amendments: A Constitutional Requirement?
You may want to see also
Amendments require majority or supermajority votes
Amending state constitutions is a much simpler process than amending the federal Constitution, and state constitutional amendments are frequently adopted. The legislatures of 49 states vote on constitutional amendments before sending them to voters for ratification. Delaware is the only state that does not require voter approval, with amendments taking effect once they are approved by a two-thirds legislative vote in consecutive sessions.
The majority of states allow voters to ratify amendments by a simple majority vote. However, 11 states require amendments to be approved by a majority vote in two consecutive legislative sessions, and four of these states provide an alternative route by allowing approval by a supermajority vote in a single session. Three states set a supermajority threshold: a two-thirds vote in New Hampshire, a three-fifths vote in Florida, and a 55% threshold in Colorado.
A total of 25 states require amendments to be proposed by a supermajority legislative vote in a single session, with nine requiring a three-fifths vote and 16 requiring a two-thirds vote. Ten states allow the easiest route to legislative approval of amendments: approval by a majority vote in a single session.
Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. Abstaining from voting on an amendment in these states is essentially the same as voting "no". Illinois combines these approaches, allowing amendments to be approved if they are supported by three-fifths of voters on the amendment or by a majority of voters in the entire election.
Amending the Constitution: A Dynamic Process
You may want to see also
Explore related products
Amendments are proposed by Congress or convention
Amending the US Constitution is a complex process, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with 50 states amending their constitutions around 7,000 times. Amendments to the US Constitution can be proposed by Congress or a convention, as per Article V of the Constitution.
Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution is forwarded directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format.
Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. To date, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, either by Congress or convention, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
While Congress determines the method of ratification, there are two options: the first requires ratification by three-fourths of the state legislatures, and the second option is ratification by three-fourths of state ratifying conventions. The Archivist of the United States administers the ratification process, and once the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register, serving as official notice that the amendment process is complete.
State constitutions have varying requirements for proposing and ratifying amendments, with some states allowing multiple paths for amendments. Some states require majority support, while others need supermajority legislative support. A few states, like Delaware, do not require voter approval for amendments, while most states require voter ratification through a simple majority vote. Some states also allow for citizen-initiative processes or constitutional conventions to propose amendments.
Electoral College: Constitutional Amendment for Change?
You may want to see also
Ratification by three-fourths of states
The process of amending a state constitution varies across different states in the US. The US Constitution is difficult to change and has only been amended 27 times. On the other hand, state constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
Amendments to the US Constitution are derived from Article V of the Constitution. Congress proposes an amendment, after which the Archivist of the United States administers the ratification process. Article V sets forth two methods for states to ratify amendments to the Constitution. The first method of ratification requires three-fourths of the state legislatures (38 out of 50 states) to ratify an amendment to the Constitution. This is known as the "legislative route".
The process typically begins with the state legislatures, which generate the majority of constitutional amendments considered and approved each year. The legislatures propose and vote on amendments, and the requirements for legislative approval vary. Some states require a simple majority vote, while others mandate a supermajority legislative vote, such as a three-fifths or two-thirds majority. Additionally, some states require approval in a single legislative session, while others necessitate consecutive sessions.
Once an amendment is ratified by the required number of state legislatures, the Archivist of the United States certifies its validity. This certification is published in the Federal Register, officially declaring the amendment as part of the Constitution.
It is important to note that the ratification process for state constitutions may differ from the process described above. While most states require voter approval for amendments to their state constitutions, the specific procedures and requirements can vary across states.
Amending State Constitutions: Understanding the Process and Requirements
You may want to see also
Frequently asked questions
The process of amending a state constitution varies across states. However, there are some common steps. First, a state legislature generates an amendment. Next, the amendment is either approved by a majority or supermajority vote in one or two consecutive legislative sessions. Finally, the amendment is approved by the voters.
Amendments to the US Constitution are proposed 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 to the US Constitution are approved when three-fourths of the states (38 out of 50) ratify them. This can be done through the state legislatures or state ratifying conventions, as specified by Congress.
The frequency of amendments to state constitutions varies across states. Some states, such as Alabama, Louisiana, and Texas, amend their constitutions more than three to four times per year on average. In contrast, other states, such as Tennessee and Vermont, amend their constitutions only once every three to four years on average.
