Isabella Carter
The United States Constitution allows for two methods of proposing amendments: a two-thirds vote in both houses of Congress, or a convention called for by two-thirds of state legislatures. While the latter method, referred to as an Article V Convention, has never been used to propose an amendment, it has been speculated that the threat of such a convention has influenced Congress to propose amendments pre-emptively. Over 600 state constitutional conventions have been held to amend state constitutions, with state legislatures generating more than 80% of constitutional amendments considered and approved annually.
| Characteristics | Values |
|---|---|
| Number of amendments proposed by state constitutional conventions | 0 |
| Number of state constitutional conventions held | 230-600+ |
| Number of applications for Article V Convention | 700+ |
| Number of amendments proposed by Congress | 15/27 |
| Number of amendments ratified | 27 |
| Number of state legislatures that can generate constitutional amendments | 80% |
| Number of states with majority vote requirements | 10 |
| Number of states with supermajority requirements | 25 |
| Number of amendments submitted by Rhode Island's 1986 convention | 14 |
| Number of amendments approved by voters from Rhode Island's 1986 convention | 8 |
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What You'll Learn
State vs federal conventions
The United States Constitution provides two methods for proposing amendments: through Congress or a convention of states.
Federal Convention
The first method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then sent to the states for ratification. This method has been used to propose 33 amendments, 27 of which have been ratified.
State Convention
The second method is for two-thirds of state legislatures (34 out of 50) to apply for a convention to propose amendments. Once this threshold is reached, Congress must call for such a convention. However, this method has never been used to propose an amendment.
Despite this, state constitutional conventions have been common, with over 600 held to amend state constitutions. The last state to hold one was Rhode Island in 1986. States like Alaska, Hawaii, Iowa, New Hampshire, and Rhode Island automatically give voters the chance to call for a convention every 10 years. In 2024, Louisiana considered holding a convention to overhaul its constitution, which would have been the first time in four decades that any state had done so.
The role of the President in the convention process is not specified in Article V. The Supreme Court has also not definitively ruled on the state convention amendment method, although it has handled several cases on the scope of amendments.
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Legislative vs citizen-led amendments
The process of amending 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 state constitutional convention called for by two-thirds of the state legislatures. While there have been over 600 state constitutional conventions held to amend state constitutions, none of the 27 amendments to the US Constitution have been proposed by a state constitutional convention.
The legislative process is a vital aspect of the American democratic system, emphasising the protection of minority rights and allowing all sides to be heard. Citizens play a crucial role in this process through their right to petition, guaranteed by the First Amendment. State legislatures may also "memorialize" Congress to enact specific federal laws by transmitting resolutions to the House and Senate.
However, the dynamic between legislatures and citizens' initiatives has been a point of contention. Currently, 22 states empower their citizens to place constitutional amendments directly before the voters, bypassing the legislature. Nevertheless, lawmakers often find ways to significantly amend or repeal these citizen-initiated statutes. For instance, South Dakota's legislature repealed a voter-approved ethics law, and Utah lawmakers overturned a ballot measure that revised lobbying rules and set limits on gifts to lawmakers.
Proponents of citizen-led amendments argue that it is a more direct form of democracy, allowing citizens to propose and vote on policies that directly impact them. On the other hand, legislative amendments are seen as a more deliberative process, with elected officials considering various factors and engaging in full discussions to improve bills before they become law. The legislative process also ensures that proposals are thoroughly vetted and amended before being enacted, potentially preventing hasty or ill-conceived initiatives from becoming law.
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Ratification by voters
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While Congress proposes amendments, it is the responsibility of the Archivist of the United States, who heads the National Archives and Records Administration (NARA), to administer the ratification process.
Once an amendment is proposed, it is submitted to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). This can be achieved through state legislatures or state conventions.
State conventions, also known as Article V Conventions or amendatory conventions, have never been used to propose amendments to the United States Constitution. However, they have been utilised by states to amend their own constitutions. Over 600 state constitutional conventions have been convened to modify state constitutions, with little evidence of scope overreach.
The process of amending a state's constitution through a state convention involves several steps, and the involvement of voters is crucial. While the specific details may vary among states, the general framework includes calling for a convention, drafting proposed amendments, and submitting them to the voters for ratification.
Calling for a Convention: In most states, a majority legislative vote is required to call for a convention referendum. Some states, however, demand a supermajority legislative vote. Legislators initiate the process by approving the convention referendum.
Drafting Proposed Amendments: Once the convention is convened, delegates are responsible for discussing and drafting potential amendments to the state constitution. This process can involve debates, negotiations, and compromises to ensure that the amendments reflect the will of the people and address relevant issues.
Submitting Amendments to Voters: After the proposed amendments are finalised, they are submitted to the voters for their approval. This step ensures that the people of the state have the final say in amending their constitution. The amendments are typically ratified by a simple majority of voters, similar to the process for legislature-referred amendments. However, the specific requirements may vary among states.
Florida, for example, stands out as the only state that empowers constitutional commissions to place amendments directly on the ballot for voter approval. The Constitution Revision Commission and the Taxation and Budget Reform Commission are authorised to propose amendments, with the former meeting every 20 years and able to address any subject, while the latter meets every 20 years on a staggered schedule and is limited to tax and budget items.
The involvement of voters in ratifying amendments proposed by state conventions is a critical aspect of the democratic process. By approving or rejecting the amendments, voters have a direct impact on shaping the state's constitution. This ensures that the amendments reflect the values, needs, and consent of the governed, reinforcing the principle of popular sovereignty.
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Congress' role
The process of amending the US Constitution is outlined in Article V of the Constitution. While amendments to the Constitution may be proposed by state constitutional conventions, none of the 27 amendments to the Constitution have been proposed in this way. Instead, Congress has proposed amendments, 33 of them, with 27 of these ratified by three-fourths of the states.
Congress may propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The proposal takes the form of a joint resolution, which does not require the signature or approval of the President. Once proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Congress also plays a role in the state convention method of proposing amendments. If two-thirds of the state legislatures (34 out of 50) apply, Congress shall call a convention for proposing amendments. However, this method has never been used, and there is a concern that an Article V convention could become a "runaway convention" that exceeds its scope.
In the state convention method, Congress specifies whether governors submit the amendment to their state legislatures or call for a convention. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid, which is published in the Federal Register and U.S. Statutes at Large. This serves as official notice to Congress and the nation that the amendment process is complete.
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Runaway conventions
The "runaway convention" is a term used to describe the fear that a convention called to propose amendments to the United States Constitution could exceed its scope and propose radical changes. This concern arises from the fact that if two-thirds of the states (34 out of 50) submit applications proposing the same amendment, Congress is required to call an amendments convention, but it has no further power to control or regulate it. This has never happened before, and there is no definitive determination by the Supreme Court regarding the state convention amendment method.
The idea of a "runaway convention" has been called a myth by some, who argue that it is not based on historical precedent, law, or logic. They point out that over 600 state constitutional conventions have been held to amend state constitutions, with little evidence of scope exceedance. Additionally, delegates to an Article V convention are chosen by and act as legal agents of the states, and their instructions from the state legislatures are binding. State legislatures can recall any delegates who exceed their authority, and actions taken outside the scope of a delegate's authority would be void. Furthermore, any proposed amendments would still need to be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution, providing a final layer of protection.
The term "runaway convention" first gained prominence in the 1960s, coinciding with rising popular demand for constitutional amendments. During this period, leading establishment liberals, such as Theodore Sorensen and Arthur Goldberg, are believed to have capitalized on the confusion between an "amendments convention" and a "constitutional convention" to stoke fears of a "runaway convention". Their goals were reportedly twofold: to protect controversial Supreme Court decisions, such as Roe v. Wade, from being reversed by constitutional amendment, and to block momentum for amendments imposing term limits and requiring a balanced federal budget.
Despite the myth of a "runaway convention", Congress has at times proposed amendments in response to the threat of an Article V Convention. This includes the Bill of Rights, the Seventeenth, Twenty-First, Twenty-Second, and Twenty-Fifth Amendments, and the Twenty-seventh Amendment. These amendments were proposed, at least in part, to prevent the convention from taking control of the amendment process.
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Frequently asked questions
None of the 27 amendments to the US Constitution have been proposed by constitutional convention.
There have been over 230 state constitutional conventions in the US. Another source places this number at over 600.
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.
No, the convention method has never been used. All 27 amendments have been proposed by a two-thirds vote in both houses of Congress, and 27 of these have been ratified by three-fourths of the states.
Some commentators argue that states can determine the scope of a convention by applying for a convention on a specific subject or group of subjects. However, others argue that the text of the Constitution provides only for a general convention, not limited in scope.
