Isabella Carter
The process of voting on constitutional amendments varies across different countries and states. In the United States, the Constitution provides that 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. State legislatures can refer amendments to the ballot, and some states also allow citizens to initiate constitutional amendments through signature-collection requirements and voter-initiated ballot measures. The process for proposing and ratifying state constitutional amendments differs from state to state, with variations in legislative rules and procedures. Internationally, countries like Australia, Ireland, and Japan have their own unique procedures for constitutional amendments, with varying levels of complexity and success rates.
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What You'll Learn
State legislatures vs. constitutional conventions
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. There are two methods by which amendments to the Constitution may be proposed: through Congress or a constitutional convention.
State Legislatures
The first method involves Congress, which can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. After an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The original document is sent to NARA's Office of the Federal Register (OFR), which adds legislative history notes and publishes it in slip law format. 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.
State legislatures play a crucial role in this process as they have the power to ratify or reject proposed amendments. The process varies among states, with some requiring the support of a majority of legislators, while others mandate supermajority legislative support. Additionally, certain states necessitate legislative support to be expressed in a single session, while others require two consecutive sessions.
Constitutional Conventions
The second method, authorized by Article V of the Constitution, involves a constitutional convention called for by two-thirds of the State legislatures (34 out of 50). However, this method has never been used to propose amendments. In the context of amending the Constitution, a convention refers to an assembly of delegates or representatives who are tasked with proposing amendments.
Conventions are typically called by legislators, who must approve a convention referendum. The majority of states require a majority legislative vote to call this referendum, while others demand a supermajority legislative vote. Following the approval of the convention referendum, most states require it to be submitted to and approved by a majority of voters. However, a few states bypass the legislature and allow for a direct call for a convention through an initiative process.
In conclusion, while both state legislatures and constitutional conventions play a role in the amendment process, the former has been the predominant mechanism for proposing and ratifying amendments. State legislatures generate over 80% of the constitutional amendments considered and approved annually, while no amendments to the Constitution have been proposed through constitutional conventions.
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Voter approval requirements
Voter approval is a crucial aspect of the constitutional amendment process in many countries and states. In the United States, for instance, 49 out of 50 states require voter approval for the ratification of state constitutional amendments. Delaware is the lone state that does not mandate voter consent for amendments to its constitution.
The process of proposing and ratifying state constitutional amendments varies across different states. While state legislatures can typically refer amendments to the ballot, several states also empower citizens to initiate constitutional amendments directly. This is known as a citizen-initiative or popular initiative process. Seventeen states currently allow for citizen-initiated amendments, with varying requirements for signature collection to qualify for the ballot. Some states, like Arizona and Oklahoma, demand a higher threshold of signatures, while others, like Massachusetts, set a lower bar.
In addition to citizen initiatives, some states offer alternative paths for proposing amendments. These include constitutional conventions, which are called by legislators and approved by a majority legislative vote or, in some cases, a supermajority legislative vote. A few states, such as Hawaii, Minnesota, Tennessee, and Wyoming, require amendments to be endorsed by a majority of voters in the entire election. Abstentions from voting on an amendment are often considered equivalent to "no" votes in these states.
Other countries, like Australia, Ireland, and Japan, also have specific procedures for amending their constitutions. Australia, for example, requires a bill amending the Constitution to be passed by both houses of Parliament with an absolute majority. If one house refuses to pass the bill, it can be attempted again, and if it persists in its refusal, the Governor-General may submit the proposal for a referendum. For the referendum to succeed, a majority of states and a majority of combined votes across Australia must agree. Ireland, on the other hand, mandates a simple majority of voters for amendments, while Japan requires a concurring vote of two-thirds of each house in the Diet, followed by ratification through a referendum.
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Citizen-initiated amendments
Seventeen states currently allow citizens to initiate constitutional amendments. This is done through a process called the citizen-initiative process, which involves gathering a certain number of signatures in support of holding a vote on the amendment. The number of signatures required varies from state to state, with Arizona and Oklahoma having the highest requirement at 15% of the votes cast in the last gubernatorial election, while Massachusetts has the lowest requirement of 3%. Some states, like Colorado, also have geographic distribution requirements, where signatures must be collected from a certain percentage of registered voters in each state senate district.
Once the required number of signatures is met, the amendment is placed on the ballot, and legislators cannot block it from appearing on the ballot. However, in Massachusetts, citizen-initiated amendments must also secure support from one-fourth of the members of the legislature. After an amendment is on the ballot, it generally needs to be ratified by a simple majority of voters, although some states, like Nevada, require approval by a supermajority or a majority in two consecutive elections.
The specific process for citizen-initiated amendments can vary from state to state. For example, in Mississippi, a 2021 court ruling rendered the state's constitutional initiative process unusable due to issues with the signature distribution requirement. On the other hand, states like California and Colorado are known for considering citizen-initiated amendments at a rapid pace.
In addition to citizen-initiated amendments, there are other ways to propose constitutional amendments, such as through a state constitutional convention or a legislative process. Conventions are typically called by legislators and require majority or supermajority legislative votes, depending on the state. Some states also require voter approval of a convention call, while others allow for automatic referendum appearances at periodic intervals.
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Legislative rules and procedures
The legislative rules and procedures for changing state constitutions through a referred ballot measure vary from state to state. In general, conventions are called by legislators, who are required to approve a convention referendum, with a majority legislative vote needed to call a convention referendum in most states and a supermajority legislative vote needed in other states. In all but a few states, a referendum on calling a convention must then be submitted to and approved by a majority of voters. However, in four states (Hawaii, Minnesota, Tennessee, and Wyoming), amendments must be approved by a majority of voters in the entire election. In Illinois, amendments can be approved by either three-fifths of voters on the amendment or by a majority of voters in the entire election.
Legislatively referred constitutional amendments are a type of legislative referral that amends a state's constitution. Legislatures in 49 of 50 states can refer amendments to the ballot, with 18 states also allowing citizens to initiate constitutional amendments. An initiated constitutional amendment (ICA) is a citizen-initiated ballot measure that amends a state's constitution. Of the 18 states that provide for ICAs, these measures are direct in 16 states and indirect in two states (Massachusetts and Mississippi). A convention-referred constitutional amendment is a constitutional amendment that a state constitutional convention proposes and requires voter approval to become part of a state's constitution.
In Tennessee, proposed amendments must be approved by a majority of voters in a referendum. The Tennessee General Assembly passes a resolution calling for an amendment and stating its wording, which must pass in three separate readings on three separate days, with an absolute majority on all readings. It is then published at least six months before the next legislative election in newspapers of wide and general circulation. After the election, the proposed amendment must go through the same procedure (absolute majority on three separate readings) and is then put on the ballot as a referendum in the next gubernatorial election.
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State ratification and the Archivist
The Archivist of the United States, who is the head and chief administrator of the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's role is to submit proposed amendments to the states for ratification, collect state ratifications, and certify amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails.
The Archivist does not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. This certification is 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.
In recent times, the signing of the certification has become a ceremonial function attended by dignitaries, including the President on some occasions. The Archivist performed the duties of the certifying official for the first time in 1992 to recognize the ratification of the 27th Amendment, which was the only amendment to be certified by the Archivist of the United States.
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Frequently asked questions
The process for a state to vote on a constitutional amendment can vary. Generally, a proposal for an amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. States can also call for a constitutional convention to propose an amendment, bypassing Congress. Once an amendment is proposed, states will typically require voter approval for ratification, with some states requiring a majority vote of all voters and others requiring a majority of voters on the amendment.
The requirements for proposing a constitutional amendment are outlined in Article V of the US Constitution. An amendment 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 the state legislatures.
The Archivist of the United States is responsible for administering the ratification process. While they do not make substantive determinations on the validity of state ratification actions, they certify the facial legal sufficiency of ratification documents, which is a final and conclusive decision.
State constitutions in the US are amended regularly. In 19 states, the state constitutions have been amended at least 100 times. State constitutions are generally easier to amend than the federal constitution, and they may offer multiple paths for amendments, including through the state legislature, constitutional convention, or citizen initiative.
