Simone Lawson
The process of amending the United States Constitution is outlined in Article V of the Constitution, which provides two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. States play a crucial role in this process, as they can propose and ratify amendments, with the Archivist of the United States administering the ratification process. Additionally, states vary in their specific amendment processes and requirements, with some allowing citizen-initiated amendments and others setting supermajority thresholds for ratification.
| 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 is the role of the OFR? | Examines ratification documents for legal sufficiency and authenticating signatures |
| When does an amendment become part of the Constitution? | When ratified by three-fourths of the States (38 out of 50) |
| What happens after an amendment is ratified? | The OFR drafts a formal proclamation for the Archivist to certify the amendment is valid |
| What is the role of the States in the amendment process? | States vary in how often they amend their constitutions and the requirements for legislatures to craft amendments |
| How do States ratify amendments? | Most States permit voters to ratify legislature-crafted amendments by a simple majority vote, while some require a supermajority threshold |
| What is another way States can enact amendments? | Through citizen-initiative processes |
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What You'll Learn
State legislatures generate most amendments
State legislatures play a significant role in the amendment process, as outlined in Article V of the United States Constitution. This article provides two methods for proposing amendments. While the first method empowers Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate, the second method involves state legislatures more directly.
The second method outlined in Article V comes into play when two-thirds of state legislatures (34 as of 1959) request that Congress call a convention for proposing amendments. This mechanism recognises that state legislatures have a crucial role in initiating the amendment process and reflects a compromise made during the 1787 Constitutional Convention. Interestingly, despite this mechanism being in place, no constitutional convention has ever been called to propose amendments, and all amendments to date have been proposed by Congress.
State legislatures are also key in the ratification process of amendments. Once an amendment is proposed, either by Congress or a constitutional convention, it must be ratified by the legislatures of three-fourths of the states (38 out of 50 states) to become part of the Constitution. This means that state legislatures have the power to approve or reject amendments, shaping the ultimate outcome of the amendment process.
The involvement of state legislatures in the amendment process doesn't end there. In some states, legislatures also play a role in citizen-initiated amendments. For example, in Massachusetts, citizen-initiated amendments must secure support from a portion of the legislature before they can appear on the ballot. This adds another layer of involvement for state legislatures in the amendment process.
While the specific requirements for legislatures to craft amendments may vary across states, it is clear that state legislatures are central to the amendment process. They have the power to trigger the proposal of amendments, ratify or reject them, and, in some cases, influence citizen-initiated amendments. This underscores the importance of state-level legislative bodies in shaping the United States Constitution.
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Ratification by three-fourths of states
Ratification by three-fourths of the states is a crucial step in the amendment process, as outlined in Article V of the US Constitution. This means that for an amendment to become part of the Constitution, it must be ratified by the legislatures of three-fourths of the states, which currently equates to 38 out of 50 states.
The process begins with Congress proposing an amendment, which must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies each state's governor about the proposed amendment, and the governors then submit the amendment to their respective state legislatures for consideration.
The state legislatures then deliberate and vote on the proposed amendment. If a state legislature ratifies the amendment, it sends an official document, known as a ratification document, to the Archivist. These documents are examined for legal sufficiency and authenticity by the Office of the Federal Register (OFR). Once the OFR verifies that the required number of states has ratified the amendment, the process moves to the next stage.
The Archivist, in conjunction with the OFR, plays a crucial role in certifying that the amendment has been duly ratified and has become part of the Constitution. This certification is then published in the Federal Register and the United States Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. This final step confirms that the amendment has been successfully integrated into the Constitution and is now legally binding.
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Citizen-initiated amendments
The initiative process can be direct or indirect. In direct initiatives, the proposal goes straight to the voters for a decision, whereas in indirect initiatives, the proposal first goes to the state legislature, which can take various actions on it before it goes to a vote. Of the 18 states that provide for citizen-initiated constitutional amendments, 16 have direct initiatives and two have indirect initiatives: Massachusetts and Mississippi.
In Massachusetts, citizen-initiated amendments must secure support from one-quarter of the members of the legislature, in two consecutive sessions, before they can appear on the ballot. In Mississippi, prior to a 2021 ruling, the legislature could approve, ignore, vote against, or propose an alternative amendment to appear on the ballot alongside the original citizen proposal. However, following a Mississippi Supreme Court decision that nullified a voter-passed initiative, the state's indirect initiative process is effectively banned until the process is revised to accurately reflect the number of congressional districts from which signatures must be collected.
The number of signatures required to qualify an initiative for the ballot varies by state and is often tied to the number of votes cast in the previous gubernatorial election. For example, Arizona and Oklahoma require amendment supporters to collect signatures equal to 15% of the votes cast in the last election for governor. Some states also have different signature requirements for direct and indirect initiatives, with indirect initiatives requiring signatures from a certain number of registered voters in each congressional district.
While no court or legislature needs to approve a citizen-initiated amendment, such amendments may be subject to judicial review and can be struck down if found to conflict with the U.S. Constitution. Most states that permit these amendments require approval by a simple majority of voters, although some states impose higher thresholds. For example, Florida requires 60% voter approval, Colorado requires 55%Nevada requires approval by a majority of voters in two consecutive elections.
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Congress proposes an amendment
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution begins with a proposal, which can be made in two ways. Firstly, Congress can propose an amendment whenever two-thirds of both Houses deem it necessary. This is done through a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
The second method for proposing an amendment is through a constitutional convention called for by two-thirds of the State legislatures. However, this method has never been used. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50 States) to become part of the Constitution. The Archivist of the United States is responsible for administering the ratification process, and the OFR examines the ratification documents for legal sufficiency and an authenticating signature.
Upon receiving the required number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete. The process of amending the Constitution is deliberately difficult and time-consuming, ensuring that any changes made are significant and widely supported.
It is worth noting that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. The amendment process is a careful and deliberate procedure that involves Congress, the States, and the Archivist of the United States, ensuring that any changes to the Constitution reflect the will of the people and are properly ratified and certified.
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States vary in amendment frequency
The frequency with which states propose and ratify amendments varies. Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average. Tennessee, Kentucky, Indiana, Illinois, and Vermont, on the other hand, amend their constitutions only once every three to four years on average.
State legislatures generate more than 80% of constitutional amendments considered and approved annually across the country. However, the requirements for legislatures to craft amendments vary across states. For instance, most states allow voters to ratify legislature-crafted amendments by a simple majority vote. However, New Hampshire, Florida, and Colorado have set a supermajority threshold. New Hampshire requires a two-thirds vote, Florida requires a three-fifths vote for most amendments, and Colorado requires a 55% threshold for most amendments. Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. Illinois combines these approaches, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.
Seventeen states allow amendments via citizen-initiative processes. These states vary in their procedures for qualifying citizen-initiated amendments for the ballot. Most states require amendment supporters to collect signatures equal to a certain percentage of votes cast in the last gubernatorial election. Arizona and Oklahoma have the highest bar, requiring 15% of the votes cast in the last gubernatorial election. In Massachusetts, citizen-initiated amendments must secure the support of one-fourth of the members of the legislature, voting in two consecutive sessions, before they can appear on the ballot. Once citizen-initiated amendments qualify for the ballot, they are generally ratified by a simple majority of voters in most states and a supermajority in several states. Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments can be 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 state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50).
The Archivist of the United States is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the action. Upon receiving the necessary number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution.
State legislatures play a crucial role in proposing and ratifying amendments. Two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. Additionally, legislatures are responsible for ratifying proposed amendments, with each state's governor formally submitting the amendment to their state's legislature for consideration.
Yes, citizens can initiate amendments in some states through a process called a citizen-initiative. In these states, citizens must gather a certain number of signatures in support of holding a vote on the amendment. Once the signature requirements are met, the amendment is placed on the ballot and, if approved by voters, proceeds to the ratification stage.
