Jonah Patel
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or two-thirds of state legislatures can call for a constitutional convention. For an amendment to be ratified, it must be approved by three-fourths of state legislatures or three-fourths of state ratifying conventions, as determined by Congress. This means that 38 out of 50 states must approve a constitutional amendment for it to become part of the Constitution. The process of amending state constitutions varies across states, with some requiring majority approval and others a supermajority, and some allowing citizen-initiated amendments.
| Characteristics | Values |
|---|---|
| Number of states required to approve an amendment | 38 of 50 states (or three-fourths of the states) |
| Who proposes the amendment | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Other ways to propose an amendment | Constitutional convention called for by two-thirds of the State legislatures |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified by states | 27 |
| Number of states that require voter approval for amendments | 49 |
| Number of states that allow citizen-initiated amendments | 17-18 |
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What You'll Learn
Congress proposes an amendment with a two-thirds majority
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the approval or signature of the President. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist delegates many of the duties associated with this function to the Director of the Federal Register.
The process of ratification is not detailed in Article V of the Constitution or in the relevant section of the United States Code. Instead, the Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties. Once an amendment is ratified, the Archivist certifies that it is valid and has become part of the Constitution. 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.
Congress can specify whether an amendment should be ratified by state legislatures or state conventions. For an amendment to be ratified, it must be approved by three-fourths (38 out of 50) of the state legislatures or three-fourths of state ratifying conventions, depending on the method specified by Congress. State legislatures generate more than 80% of constitutional amendments considered and approved each year. The requirements for legislatures to craft amendments vary by state, with some requiring majority support and others requiring supermajority support.
Since the founding of the United States, Congress has proposed 33 constitutional amendments using Article V's procedures. Twenty-seven of these amendments have been ratified by the states and have become part of the Constitution. This includes the first ten amendments, known as the Bill of Rights. The process of amending the Constitution through a convention called for by two-thirds of the state legislatures has never been used.
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State legislatures generate most amendments
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress proposes an amendment, after which the Archivist of the United States administers the ratification process.
State legislatures play a crucial role in this process, generating more than 80% of constitutional amendments considered and approved annually. The specific requirements for legislatures to craft amendments vary by state. Some require amendments to secure the support of a majority of legislators, while others mandate supermajority legislative support. The path of least resistance for legislative approval of amendments is through a majority vote in a single session, which is possible in 10 states. Twenty-five states have a higher threshold, requiring supermajority legislative support in a single session, with nine of these states requiring a three-fifths vote and sixteen demanding a two-thirds vote.
In addition to legislative processes, citizen-initiated amendments are another avenue for constitutional changes. Seventeen states currently allow amendments through citizen initiatives. Once these citizen-initiated amendments qualify for the ballot, they typically undergo the same ratification process as legislature-referred amendments, requiring a simple majority of voters in most states and a supermajority in several others. Notably, Nevada imposes an additional condition, necessitating approval by a majority of voters across two consecutive elections.
While the role of state legislatures in generating amendments is significant, it is worth noting that Congress has the authority to propose amendments, and no amendment has yet been proposed by a constitutional convention. The process of amending the Constitution is a collaborative effort between federal and state entities, ensuring that any changes reflect the will of the people and uphold the principles of democracy.
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Ratification by three-fourths of state legislatures
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose amendments. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures, or three-fourths of state ratifying conventions, as determined by Congress. This means that out of the 50 states, 38 must approve an amendment for it to become part of the Constitution.
State legislatures generate more than 80% of constitutional amendments considered and approved each year. The requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the support of a majority of legislators, while others mandate supermajority legislative support. Additionally, some states demand legislative support to be expressed in a single session, while others require two consecutive sessions.
The simplest approach to securing legislative approval for amendments is through a majority vote in a single session, which is possible in 10 states. In contrast, 25 states set a higher threshold, with 9 requiring a three-fifths vote and 16 mandating a two-thirds vote. Amendments can also be enacted through citizen-initiative processes in 17 states, where they are typically ratified by a simple majority of voters. However, states like Nevada require citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.
While state constitutional conventions were historically common, there has not been a full-scale convention in the US since 1986. Conventions are typically called by legislators and require majority or supermajority legislative support. In most states, a referendum on calling a convention must then be approved by a majority of voters. Despite the decline in convention activity, they remain a potential avenue for amending state constitutions.
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Citizen-initiated amendments
The process of amending the US Constitution is outlined in Article V, which sets forth two methods for states to ratify amendments. The first method requires ratification by the legislatures of three-fourths of the states, while the second method allows Congress to require approval by three-fourths of state ratifying conventions. While these methods are commonly used, it has been argued that the people of the United States may amend the Constitution using methods beyond those specified in Article V.
As of 2024, 18 states allow for citizen-initiated constitutional amendments, including Massachusetts and Mississippi, which employ indirect methods. In Massachusetts, after obtaining sufficient signatures, the initiative goes to the legislature and must receive approval in two successive legislative sessions from a portion of state senators and representatives. On the other hand, Mississippi's process was rendered unusable by a 2021 state Supreme Court ruling, which highlighted the need to revise the signature collection process to accurately reflect congressional districts.
The initiative process empowers citizens to engage in direct democracy by proposing and voting on constitutional amendments. However, it is important to note that not all proposed amendments will secure enough support to be placed on the ballot, and even successful amendments may be overturned if challenged and found unconstitutional. Overall, citizen-initiated amendments represent a small portion of the amendments adopted annually, with state legislatures generating over 80% of approved amendments.
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Conventions: three-fourths approval
The United States Constitution provides two methods for states to ratify amendments. These are outlined in Article V, which also establishes Congress's authority to propose and ratify amendments.
The first method of ratification requires three-fourths (or 38 out of 50) of the state legislatures to approve an amendment to the Constitution. Alternatively, the second method allows Congress to require that three-fourths of state ratifying conventions approve a proposed amendment.
State legislatures generate more than 80% of constitutional amendments considered and approved annually. The requirements for legislatures to craft amendments vary across states. While some require amendments to secure the backing of a majority of legislators, others mandate supermajority legislative support. Additionally, there are differences in whether legislative support must be expressed in a single session or two consecutive sessions.
Conventions were historically called regularly to frame inaugural state constitutions or make amendments to existing ones. While there has been a decline in convention activity in recent decades, they remain a viable path for amending state constitutions. Conventions are typically called by legislators, who must approve a convention referendum. The majority of states require a majority legislative vote to call a convention referendum, while others demand a supermajority legislative vote. In most cases, a referendum on calling a convention must be approved by a majority of voters, although a few states do not require voter approval.
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Frequently asked questions
An amendment must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
Congress determines the method the states must follow for proposed amendments to become effective. The Archivist of the United States administers the ratification process, and the Director of the Federal Register performs ministerial duties.
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 the State legislatures.
