Simone Lawson
The process of amending the US Constitution involves collaboration between federal and state governments, ensuring that any changes reflect a broad consensus. Amendments are first proposed by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then sent to the states for ratification, where each state has its own process. Some states require amendments to be approved by a simple majority of voters, while others set a higher threshold, such as a supermajority legislative vote. Once an amendment is ratified by three-fourths of the states, it becomes part of the Constitution. This rigorous process ensures that amendments are carefully considered and have widespread support across the country.
| Characteristics | Values |
|---|---|
| Number of methods to ratify an amendment | 2 |
| First method | Ratification by legislatures of three-fourths of the states |
| Second method | Ratification by conventions in three-fourths of the states |
| Who decides the method? | Congress |
| Who proposes the amendment? | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Alternative proposer | A constitutional convention called upon by two-thirds of the state legislatures |
| Time limit | Yes, beginning with the 20th Amendment |
| Number of amendments ratified | 27 |
| Number of states required for ratification | 38 |
| Number of states with supermajority threshold | 3 |
| Number of states requiring approval by a majority of voters in the entire election | 4 |
| Number of states with citizen-initiative processes | 17 |
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What You'll Learn
Congress proposes an amendment with a two-thirds majority
The process of amending the U.S. Constitution is complex and collaborative, requiring the involvement of both federal and state governments. It begins in Congress, where a proposed amendment must gain a two-thirds majority in both the House of Representatives and the Senate. This phase underscores the need for bipartisan support, as a two-thirds vote ensures that amendments have backing from across the political spectrum.
Once an amendment clears this hurdle, it is sent to the states for ratification. Here, there are two methods by which states may ratify amendments, as outlined in Article V of the Constitution. The first and most common method is for the amendment to be ratified by state legislatures, requiring approval from three-fourths of the states (currently 38 out of 50). This process ensures that any changes to the Constitution are carefully considered and have broad support across the country.
The second method, which has only been specified once for the Twenty-First Amendment, involves ratification by conventions in three-fourths of the states. This mode of ratification is less frequently used, and each state must hold a convention specifically to consider the amendment.
It is important to note that Congress decides which of these two methods the states must use for ratifying a particular amendment. The choice lies solely with Congress and has been exercised only once in the case of the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.
The rigorous process of amending the Constitution is designed to foster thoughtful deliberation and widespread agreement, reflecting the dynamic and adaptable nature of American democracy.
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State legislatures ratify with three-fourths majority
State legislatures ratifying with a three-fourths majority is the most common method used to amend the US Constitution. This process involves Congress proposing an amendment, which is then sent to the states for ratification by a vote of the state legislatures. The amendment becomes part of the Constitution when it has been ratified by three-fourths (38 out of 50) of the states. This method ensures that any changes to the Constitution have widespread support across the country and allows states to have a direct say in the legal document that governs them.
The process begins with Congress, which must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. After gaining congressional approval, the amendment is sent to the states for ratification. This phase highlights the need for bipartisan support, as a two-thirds vote threshold ensures that only amendments with backing from both major parties move forward.
Once an amendment has been ratified by three-fourths of the state legislatures, it is sent to the Secretary of State, who can certify it as a valid part of the Constitution. The rigorous ratification process prevents hasty amendments and ensures that changes to the Constitution are well-considered and have broad support.
It is worth noting that while this is the most common method of ratification, there is an alternative process outlined in Article V of the Constitution that has never been utilized. This alternative process involves a constitutional convention called upon by two-thirds of the state legislatures. Amendments proposed by this convention would then need to be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
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Ratification by state convention
The process of amending the Constitution begins in Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. After gaining congressional approval, the amendment is sent to the states for ratification.
Congress determines whether an amendment must be ratified by state legislatures or state conventions. Ratification by state convention requires conventions in three-fourths of the states (38 out of 50) to approve the amendment. Each state holds a convention specifically to consider the amendment.
State legislatures can also call for a convention to propose amendments. If two-thirds of state legislatures request it, Congress must call a constitutional convention for proposing amendments. Amendments proposed in this way must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
To date, all amendments to the Constitution have been ratified by state legislatures. Ratification by state convention is the least used method of ratification.
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Time limits for ratification
The process of amending the U.S. Constitution is a complex one, involving collaboration between federal and state governments. This ensures that any proposed amendment reflects a broad consensus and enjoys widespread support across the country. Beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.
The inclusion of time limits in the ratification process is a relatively recent development. Prior to 1917, there were no time limits attached to proposed amendments. The 19th Amendment (Woman Suffrage) and the never-ratified Child Labor Amendment, for example, had no time restrictions. However, Congress has since recognised the importance of timely ratification and has included deadlines for subsequent amendments.
These deadlines can be included in the language of the amendment itself, thus becoming part of the ratification process that states must adhere to. Alternatively, the time limit may be specified in the proposing clause of the amendment, which is not ratified by state legislatures but can still be extended by a majority vote in Congress. This was demonstrated in 1978 when Congress extended the ratification deadline for the Equal Rights Amendment (ERA) from March 22, 1979, to June 30, 1982.
The ERA's long ratification period, spanning several decades, has raised questions about the validity of state ratifications after the initial deadline and the potential need for additional states to ratify the amendment. Despite these complexities, the inclusion of time limits in the ratification process adds a sense of urgency and ensures that amendments remain relevant and responsive to the changing needs of the country.
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Citizen-initiated amendments
Seventeen states currently provide citizens with the power to initiate constitutional amendments. Citizen-initiated amendments are placed on the ballot through citizen initiatives or legislative processes. Some are placed on the ballot automatically by a special commission or by a state constitutional convention.
To qualify for the ballot, citizen-initiated amendments must gather a certain number of signatures in support of holding a vote on the amendment. The signature-collection requirements vary across states. Arizona and Oklahoma have the highest bar, requiring amendment supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. Massachusetts sets the lowest bar, requiring signatures equal to only 3% of the votes cast. Some states also have geographic distribution requirements for signature collection, such as requiring signatures from 2% of registered voters in every state senate district.
Once citizen-initiated amendments qualify for the ballot, they are generally ratified by a simple majority of voters in most states and by a supermajority in several states. Nevada has an additional requirement that citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
On average, citizen-initiated amendments make up fewer than 2 out of every 10 amendments adopted annually across the country. However, in certain states, such as California and Colorado, citizen-initiated amendments are considered at a faster pace.
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Frequently asked questions
Congress must first propose an amendment by gaining a two-thirds majority vote in both the House of Representatives and the Senate.
The proposed amendment is sent to the states for ratification.
Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
