Voting Power To Change The Constitution: How Many States?

The US Constitution is notoriously difficult to change and has only been amended 27 times. In contrast, state constitutions are amended regularly and with relative ease. To change the US Constitution, an amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It is then submitted to the states for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The process for amending state constitutions varies, with some states amending theirs more than three to four times per year on average, while others amend theirs only once every three to four years.

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State constitutions are amended regularly, unlike the federal Constitution

The US Constitution is notoriously challenging to change and has only been amended 27 times. In contrast, state constitutions are amended regularly and offer multiple paths for doing so. The current constitutions of the 50 states have been amended approximately 7,000 times, with some states amending their constitutions more than three to four times per year on average. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions several times a year. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions less frequently, averaging only one amendment every three to four years.

The ease of amending state constitutions compared to the US Constitution means that state constitutions often reflect the evolving will and interests of their citizens. For instance, Montana and Hawaii's state constitutions include clauses guaranteeing citizens the right to a "clean and healthful environment." These environmental clauses have no federal counterpart in the US Constitution. Similarly, 27 state constitutions have a Free Elections Clause, mandating that elections be "free," "equal," or "open." This clause also has no equivalent in the US Constitution and thus offers unique rights and remedies to citizens.

State legislatures generate more than 80% of the constitutional amendments considered and approved annually. However, the requirements for legislatures to craft amendments vary among states. Some states require amendments to secure a simple majority of legislators, while others mandate supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others demand approval in two consecutive sessions. The simplest route to legislative approval is a majority vote in a single session, available in ten states. Twenty-five states set a higher threshold, with nine requiring a three-fifths supermajority vote and sixteen necessitating a two-thirds supermajority vote.

Citizen-initiated amendments account for less than 20% of the amendments adopted annually across the country. Eighteen states allow citizen-initiated amendments, with varying procedures for qualifying them for the ballot. For instance, Massachusetts sets the lowest bar, requiring amendment supporters to obtain signatures equal to 3% of the votes in the last gubernatorial election. In contrast, Mississippi requires signatures from at least 12% of voters in the preceding gubernatorial election. Once on the ballot, a 55% supermajority vote is typically required for the approval of any constitutional amendment, except those that only remove language.

Citizen-initiative processes are used by 17-18 states to enact amendments

The US Constitution is notoriously difficult to change and has only been amended 27 times. In contrast, state constitutions are amended regularly and with relative ease. The constitutions of the 50 states have been amended around 7,000 times.

Citizen-initiative processes are used by 17 or 18 states to enact amendments. In these states, citizens can propose statutes or constitutional amendments to be put on the ballot. This is known as the initiative process. The process can be direct or indirect, depending on the state. Direct citizen initiatives are put onto the ballot without state legislature involvement if they meet certain qualifications, usually related to signature-gathering and subject matter, as well as various deadlines.

In most states, citizen-initiated amendments must meet signature requirements and other legal requirements before being placed on the ballot. The number of signatures required varies by state. For example, in Massachusetts, amendment supporters need signatures equal to 3% of the votes cast in the last gubernatorial election. In Colorado, signatures must be collected from at least 5% of the votes cast for the Colorado Secretary of State in the preceding general election, and 2% of registered voters in each state senate district.

Once on the ballot, a simple majority of voters is usually required for approval in most states, while some states require a supermajority vote. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.

Legislatively referred constitutional amendments are possible in Kansas

The US Constitution is difficult to change and has only been amended 27 times. In contrast, state constitutions are much easier to modify, and state constitutional amendments are frequently adopted. The constitutions of the 50 states have been amended around 7,000 times.

Kansas is one such state where the constitution can be amended. The Kansas Constitution can be altered in two ways, as outlined in Article 14, "Constitutional Amendment and Revision". One of these methods is through a legislatively referred constitutional amendment. This process begins with either house of the Kansas State Legislature proposing an amendment to the state's constitution. To do so, two-thirds of the members of each chamber must approve the resolution. If they approve, the proposed amendment is then put on the next statewide ballot during which members of the state legislature are elected, or on a special election ballot if the legislature agrees to hold a special election. If a simple majority of the electors of the state who vote on the proposition agree with it, it becomes part of the constitution.

The Kansas Legislature can refer no more than five constitutional amendments to an election ballot. The legislature must also specify the ballot title of the measure in their resolution authorizing it. If there is more than one proposed amendment, voters must be able to vote on them separately.

In addition to legislatively referred constitutional amendments, Kansas also allows for constitutional amendments through a constitutional convention. If two-thirds of the members of each house of the state legislature vote in favor, a question about holding a convention to amend or revise the constitution is placed on a statewide ballot. If a simple majority of those voting on that question say "yes," a convention is held. Any amendments or revisions that come out of the convention must then be presented to the state's voters.

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The US Constitution has only been amended 27 times

Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of these duties to the Director of the Federal Register, who follows established procedures and customs. The proposed amendment is then submitted to the states for their consideration, with each governor receiving a letter of notification along with informational material.

The next step in the process varies depending on the state. Some states may choose to formally submit the amendment to their state legislatures, while others may call for a convention. For an amendment to be ratified, it must be approved by three-fourths of the states, or 38 out of 50 states. This requirement highlights the challenge of amending the US Constitution and explains why it has only been amended a limited number of times.

In contrast, state constitutions offer multiple paths for amendments, and some states amend their constitutions frequently. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. Additionally, 17 to 18 states allow for citizen-initiated amendments, providing another avenue for change. These states have varying procedures, with some requiring overall signature support and others mandating geographic distribution in signature collection. The ease of amending state constitutions, as evidenced by the approximately 7,000 amendments across all 50 states, stands in stark contrast to the US Constitution's amendment process.

The President has no role in the amendment process

The process of amending the US Constitution is a challenging task that has been undertaken only 27 times in the country's history. In contrast, state constitutions are amended regularly, with the 50 states' constitutions having been changed around 7,000 times. The US Constitution does not explicitly assign the President a role in the amendment process.

The US Constitution outlines two methods for ratifying Constitutional amendments. The first method involves state legislatures, which can ratify an amendment with a three-fourths majority vote. The second method involves state conventions, which can also ratify an amendment with a three-fourths majority vote. While the President can propose legislation to Congress, the power to propose amendments rests with Congress, which can do so with a two-thirds majority vote in both Houses.

The President's role in the amendment process has been the subject of legal debate. In the 1920 Hawke v. Smith case, the Supreme Court affirmed that a constitutional amendment did not require the President's action. This decision was based on an earlier ruling in the Hollingsworth case. Despite this, some Presidents have played a role in transmitting Congress's proposed amendments to the states for ratification. For example, President George Washington sent the first twelve proposed amendments, including what would become the Bill of Rights, to the states for ratification.

While the President can propose legislation for Congress, they cannot veto a proposed amendment. This was demonstrated when President Jimmy Carter signed a joint resolution to extend the deadline for the ratification of the Equal Rights Amendment, even though he was advised that his signature was unnecessary.

Some have argued for a broader interpretation of the President's role in the amendment process, suggesting that all future constitutional amendment proposals should be presented to the President for approval or veto. However, the US Constitution does not outline any specific role for the President in amending the Constitution, and the Supreme Court's decision in Hawke v. Smith affirmed that the President's action is not required for a constitutional amendment.

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