Amending The Constitution: The Voting Threshold

The process of amending the US Constitution is a challenging and lengthy one. Since the Constitution was drafted in 1787, it has only been amended 27 times. 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. Once an amendment is proposed, it must be ratified by three-quarters of the states, either through their legislatures or ratifying conventions. This process has remained unchanged, with the exception of the method of ratification, which is at the discretion of Congress. State legislatures can also propose amendments, with citizen-initiated amendments possible in over half of the states.

Explore related products

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy

$12.65 $27.95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Amendment XV: Race and the Right to Vote (Constitutional Amendments)

$43.2

Votes for Women: The 19th Amendment in Nebraska

$11.95 $15.95

Founding Sisters and the Nineteenth Amendment (Turning Points in History, 7)

$9.73 $12.95

The Right to Vote: Politics and the Passage of the Fifteenth Amendment (The Johns Hopkins University Studies in Historical and Political Science)

$32

Two-thirds majority in Congress

The United States Constitution was written "to endure for ages to come", and the framers made it a difficult task to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.

The process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. This is the only method for proposing amendments that has been used thus far.

The two-thirds vote in each house required in proposing an amendment is a vote of two-thirds of the members present—assuming the presence of a quorum—and not a vote of two-thirds of the entire membership, present and absent. This means that a two-thirds majority of the members of Congress must be present during the vote, and at least two-thirds of those present must vote in favour of the amendment for it to pass.

Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor along with informational material.

Ratification by three-quarters of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made 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.

Once an amendment has been proposed, 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. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director of the Federal Register's duties include sending a letter of notification to each state governor, along with informational material about the proposed amendment.

The process of ratification can occur through one of two methods, as determined by Congress: ratification by the state legislatures or ratification by conventions. In either case, the amendment must be ratified by three-quarters of the states, or 38 out of 50 states, to become part of the Constitution. This means that each state's vote carries equal weight, regardless of its population or length of time in the Union.

The first method involves the state legislatures formally submitting the amendment to their state legislatures. Once a state ratifies the amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register. The second method, ratification by conventions, has only been used once in American history for the 1933 ratification of the Twenty-First Amendment.

Citizen-initiated amendments

In the United States, citizens can propose and vote on constitutional amendments directly, without needing legislative referral. This is known as an initiated constitutional amendment (ICA) and is a citizen-initiated ballot measure that amends a state's constitution. There are 18 states that allow citizens to initiate constitutional amendments, with Massachusetts and Mississippi being the only two states with indirect amendments.

For an ICA to be proposed, citizens must collect petition signatures from a certain minimum number of registered voters in a state. The number of signatures required varies depending on the state and the type of measure being proposed. In some states, such as Massachusetts, if enough signatures are collected, the initiative must first go to the legislature for approval before being put to a vote. In other states, such as Mississippi, the legislature can choose to approve, ignore, or vote against the measure, but it will still go to the ballot for a vote.

Once an ICA has been proposed, it is then put to a vote. Most states that permit ICAs require approval by a simple majority of voters, but some states impose higher thresholds. For example, Florida requires 60% voter approval, while Colorado requires 55%.

The process of initiatives and referendums allows citizens to place legislation on the ballot for a referendum or popular vote, either enacting new laws or voting down existing ones. This process is a form of direct democracy and gives citizens a more direct role in shaping the laws that govern them.

Explore related products

The Reconstruction Amendments: The Essential Documents, Volume 1

$101.99 $188

Amendment XV: Race and the Right to Vote (Constitutional Amendments: Beyond the Bill of Rights)

$29.7

U.S. Constitution: a QuickStudy Laminated Reference Guide

$6.46

Amendment XIX: Granting Women the Right to Vote (Constitutional Amendments: Beyond the Bill of Rights)

$30.31

The Power of the Black Vote: and Government Tactics to Block It

$2.99 $16.99

Politics Constitutional 25th Amendment Long Sleeve T-Shirt

$21.17

State constitutional conventions

A state constitutional convention is a gathering of elected delegates who propose revisions and amendments to a state constitution. State constitutional conventions differ significantly from conventions for amending the U.S. Constitution. State governments have broad authority to protect and promote the well-being of their residents unless the relevant state constitution says otherwise. In contrast, the federal government may only exercise powers specifically enumerated in the U.S. Constitution.

The process for calling a state constitutional convention varies from state to state, with 42 states having rules governing how a convention can be called in their state. In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically on the ballot every ten or twenty years. For example, in Alaska, Hawaii, Iowa, New Hampshire, and Rhode Island, voters automatically have the chance to vote for a convention every ten years. In Connecticut, Illinois, Maryland, Missouri, Montana, New York, Ohio, and Oklahoma, voters consider whether to hold a convention every 20 years. In other states, the legislature can call a convention without seeking legislative approval or voter approval. Some states also allow the legislature to pose the question of whether to call a convention to the people.

The last state to hold a constitutional convention was Rhode Island in 1986. In 1996, voters in Hawaii approved a constitutional convention question with 50.5% of the vote, but the Hawaii Supreme Court later ruled that the question had not passed due to a significant number of blank ballots. Louisiana considered holding a constitutional convention in 2024, which would have been the first such convention in four decades, but ultimately decided not to.

At the state level, more than 230 constitutional conventions have been held in the United States. In contrast, there has never been a federal constitutional convention since the original one. The process for amending the U.S. Constitution is intentionally difficult and time-consuming, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the states. While the U.S. Constitution has been amended only 27 times in 235 years, the average state constitution includes 115 amendments and has been revised five times.

The President's non-involvement

Amending the US Constitution is a challenging and complex process that deliberately avoids any presidential involvement. The US Constitution has been intentionally crafted to be a rigid document, making it difficult to change without a broad consensus. This is in stark contrast to ordinary legislation, where the President plays a pivotal role in enacting laws.

The process of amending the Constitution is outlined in Article V of the document itself, and it vests the power to propose and ratify amendments in Congress and the state legislatures, respectively. The President's absence from this process is conspicuous and intentional. The Founding Fathers envisioned a system of checks and balances, and by excluding the President from the amendment process, they ensured that the Constitution could not be easily manipulated by a single individual or the executive branch.

While the President plays a crucial role in shaping policies and enacting laws through their legislative agenda and veto power, their influence intentionally does not extend to altering the Constitution itself. This separation of powers reinforces the independence of the legislative branch and safeguards against potential abuses of power.

The process of amending the Constitution is deliberately designed to be arduous and time-consuming, requiring supermajorities in Congress or state legislatures. This high bar ensures that any changes to the nation's founding document reflect the will of a broad and diverse populace, protecting the rights and liberties enshrined within it.

Frequently asked questions