Omar Bennett
The process of repealing an amendment to a state constitution varies across different states in the US. Generally, an amendment to a state constitution can be repealed by a majority vote in a single session or through a supermajority legislative vote in a single session. Some states require a three-fifths vote, while others demand a two-thirds vote. States like Hawaii, Minnesota, Tennessee, and Wyoming mandate approval from a majority of voters in the entire election. In Illinois, amendments can be approved by either three-fifths of voters or a majority of voters in the election. The US Constitution, on the other hand, is more challenging to alter, having been amended only 27 times, compared to state constitutions, which have been amended approximately 7,000 times.
| Characteristics | Values |
|---|---|
| Difficulty in repealing an amendment | The odds of repealing an amendment are extremely long. |
| Number of amendments repealed | Only one amendment, the 18th Amendment, has been repealed. |
| Amendment process | An amendment may 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 the state legislatures. |
| Ratification process | Amendments are ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states, as specified by Congress. |
| State constitutions vs. federal constitution | State constitutions are amended more frequently and have different requirements for amendment, with some requiring majority support and others requiring supermajority support. |
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What You'll Learn
- Amendments to state constitutions are easier to change than the federal Constitution
- The federal Constitution has been amended 27 times, while state constitutions have been amended around 7,000 times
- An amendment to the federal Constitution must be proposed by two-thirds of the House and Senate
- A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states
- State legislatures generate more than 80% of constitutional amendments
Amendments to state constitutions are easier to change than the federal Constitution
Amendments to state constitutions are much easier to change than the federal Constitution. The U.S. Constitution is challenging to change and has only been amended 27 times. On the other hand, state constitutions are amended frequently, with the current constitutions of the 50 states having been amended around 7,000 times. For instance, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, on average.
The process of amending the federal Constitution is lengthy and requires a proposal by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The amendment then needs to be ratified by three-fourths of the states. This process is time-consuming and requires a high level of consensus, making it difficult to amend the federal Constitution.
In contrast, states offer multiple paths for amending their constitutions, making the process more accessible. While some states require amendments to secure the backing of a majority of legislators, others require supermajority legislative support. Additionally, some states allow for amendments to be approved by a majority vote in a single session, while others set a higher threshold by requiring a three-fifths or two-thirds vote.
Furthermore, seventeen states allow for a citizen-initiative process to enact amendments, providing another avenue for change. The ease of amending state constitutions is also evident in the frequency of amendments, with state legislative bodies generating more than 80% of constitutional amendments considered and approved annually.
While the federal Constitution has a rigorous amendment process, state constitutions offer more flexibility and responsiveness to local needs and preferences. The varying requirements and paths for amendment at the state level contribute to the higher frequency of changes compared to the federal level.
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The federal Constitution has been amended 27 times, while state constitutions have been amended around 7,000 times
The US Constitution has been amended 27 times, a significantly lower number compared to state constitutions, which have been amended approximately 7,000 times. This disparity highlights the challenges and complexities of amending the federal Constitution. According to Article V of the Constitution, amending it requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by at least two-thirds of the state legislatures. The current polarised political climate and the state-based structure of the amendment process further complicate the passage of amendments.
In contrast, state constitutions offer more accessible pathways for amendments. Nearly all states allow voters to directly decide on proposed amendments, and 18 states provide an initiative process for citizens to bypass state legislatures and place amendments directly on the ballot. State constitutional conventions, although less frequent in recent decades, offer another avenue for amendments. From 1776 to 1986, 250 constitutional conventions were held across the 50 states, and they continue to be a potential mechanism for change.
The frequency of amendments also varies among states. Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more frequently, with changes occurring three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont make amendments less often, with an average of one amendment every three to four years.
The ease of amending state constitutions has resulted in their considerable length. For example, the Alabama constitution exceeds 350,000 words, with hundreds of amendments. These state constitutions often resemble statutes, with detailed provisions on various topics, such as legislative rules, voter registration, and even banking regulations.
While the US Constitution has been amended sparingly, the process of amending state constitutions is much more dynamic, with thousands of amendments shaping the rights and balances between individuals, communities, and governments. The ability to amend state constitutions is a vital right that allows states to address specific needs and protect individual liberties.
How Congress Proposes Constitutional Amendments
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An amendment to the federal Constitution must be proposed by two-thirds of the House and Senate
Amending the US Constitution is a challenging process, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
The US Constitution's Article V outlines the procedures for amending the document. It states that an amendment to the federal Constitution must be proposed by two-thirds of both the House and the Senate. This is also known as a joint resolution, and it does not require the signature or approval of the President. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) 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. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format.
Once an amendment is proposed, it must be ratified. There are two methods of ratification outlined in Article V: the first requires ratification by three-fourths of the state legislatures, while the second method involves ratification by three-fourths of state ratifying conventions. Congress determines which method the states must follow, and this choice lies solely within their discretion.
The process of repealing an amendment to the Constitution is similar to the process of amending it. Changing or deleting an amendment requires a new amendment to be proposed and ratified. Therefore, to repeal an amendment, two-thirds of the House and Senate must propose a new amendment, and it must be ratified by three-fourths of the states. Given the challenging nature of amending the Constitution, the odds of repealing an amendment are extremely slim.
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A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made by either Congress or a national convention of the states. For a proposal to be made by Congress, it must be approved by a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a proposal can be made by a convention called for by two-thirds of the state legislatures.
Once a proposal is made, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or state ratifying conventions, with Congress determining the method of ratification. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works closely with the Director of the Federal Register to ensure the proper procedures are followed.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
Once the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial event attended by dignitaries, including sometimes the President.
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State legislatures generate more than 80% of constitutional amendments
Amending state constitutions is a varied process that is generally easier than amending the federal Constitution. State legislatures generate more than 80% of constitutional amendments that are considered and approved across the country each year. However, the requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions.
The path to legislative approval of amendments also differs. The simplest route, available in 10 states, is to permit approval by a majority vote in a single session. Alternatively, amendments can be crafted by citizens, conventions, or commissions. Citizen-initiated amendments must meet signature requirements and other legal requirements before being placed on the ballot. In most states, they must then be ratified by a simple majority of voters, while several states require a supermajority.
Conventions, typically called by legislators, also offer a path for amending state constitutions. A majority legislative vote is usually required to call a convention referendum, although some states demand a supermajority legislative vote. In most states, a referendum on calling a convention must then be approved by a majority of voters. However, a few states bypass the legislature, allowing conventions to be called through the initiative process.
Amending the Constitution of the United States is a more challenging process. The authority to amend the Constitution is derived from Article V, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the State legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once proposed, an amendment is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The ratification process is administered by the Archivist of the United States, who delegates many duties to the Director of the Federal Register.
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Frequently asked questions
An amendment can be repealed by proposing another amendment. The process for amending a state constitution varies from state to state. However, it typically involves the state legislature proposing and passing an amendment with a majority or supermajority vote.
The odds of a constitutional amendment being repealed are extremely slim. Only one amendment, the 18th Amendment, which established Prohibition, has been repealed by the states.
The process for amending a state constitution varies depending on the state. Some states require a majority vote in the state legislature, while others require a supermajority legislative vote. Some states also allow for citizen-initiated amendments.
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.
