Malcolm Rivera
Amending a state constitution is a complex process that varies across different states. While the U.S. Constitution has only been amended 27 times, state constitutions are amended more frequently and offer multiple paths for amendments, including through legislatures, citizens, conventions, and commissions. The process of repealing a state constitutional amendment typically involves proposing a new amendment that contradicts or reverses the effects of the existing amendment. This proposal can be initiated by state legislators, citizens, or a constitutional convention, depending on the specific rules and requirements of each state. The proposed amendment then undergoes a ratification process, where it must be approved by a majority or supermajority of the state legislature, before being enacted as a formal change to the state constitution.
| Characteristics | Values |
|---|---|
| Difficulty | Amending the Constitution is a very difficult and time-consuming process |
| Number of Amendments | There have been 27 amendments to the Constitution |
| Ratification | An amendment must be ratified by three-fourths of the states (38 out of 50) |
| Proposal | Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures |
| Congress | An amendment must be proposed by two-thirds of both houses of Congress |
| State legislatures | State legislatures generate more than 80% of constitutional amendments |
| Citizen-initiative | 17 states allow citizen-initiated amendments |
| State constitutions | State constitutions are amended regularly and are much easier to modify than the federal Constitution |
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What You'll Learn
Ratification of another amendment
In the history of the United States, only one constitutional amendment has been repealed—the 21st Amendment, which repealed the 18th Amendment, also known as "Prohibition". The 21st Amendment was passed after Prohibition became unpopular, and it gave states the ability to define alcohol laws within their borders.
To repeal a constitutional amendment, another amendment must be ratified. This is because repealing amendments must be proposed and ratified by one of the same two methods of regular amendments. The two methods are:
- Congressional proposal: An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
- Constitutional convention: An amendment can be proposed through a constitutional convention demanded by two-thirds of state legislatures.
After an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register. Once the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment 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 has been completed.
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Proposal by two-thirds of the House and Senate
The Constitution's Article V outlines the process for proposing amendments, including repeals. It requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. This process is known as the congressional proposal method.
To initiate the process, a proposal for an amendment must be introduced in one of the chambers of Congress, either the House or the Senate. The proposal is then referred to a committee for review, discussion, and potential revision. The committee may hold hearings and solicit input from experts, stakeholders, and the public before deciding whether to approve, modify, or reject the proposal.
If the committee approves the proposal, it is reported back to the full chamber where it originated. A period of debate and consideration then follows, allowing members of Congress to discuss the proposal and offer amendments. After the debate, a vote is held in the chamber where the proposal originated. For an amendment to pass this stage, it must receive a two-thirds majority vote in favour.
If the proposal fails to achieve a two-thirds majority vote in the first chamber, it is typically not considered further. However, if it succeeds, it moves to the other chamber of Congress, where it undergoes a similar process of committee review, debate, and a final vote. Again, for the proposal to advance, it must secure a two-thirds majority vote in favour.
It is important to note that achieving a two-thirds majority vote in both chambers is a challenging task. Members of Congress may have differing opinions, and building a strong coalition in support of the amendment is crucial. Once the proposal has passed both chambers with the required supermajority, it moves towards the ratification stage, where it must be ratified by three-fourths of the states to become an official part of the Constitution.
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Citizen-initiative processes
Legislatively referred state constitutional amendments, or "legislative referrals", are another type of citizen-initiative process. In this process, the legislature puts proposed legislation up for a popular vote, either voluntarily or, in the case of a constitutional amendment, as a mandatory part of the procedure. 49 states allow for legislative referrals to amend their constitutions, with Delaware being the only exception.
To amend the constitution, an amendment must be proposed and ratified. Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. For an amendment to be ratified and become part of the Constitution, it must be ratified by three-fourths of the states.
While it is possible to repeal an existing constitutional amendment, it is rare, as it requires ratification of another amendment.
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State legislatures
One of the most common methods for a state legislature to initiate the repeal of a constitutional amendment is through a legislatively referred constitutional amendment. This process typically involves the legislature voting on the proposed amendment to refer it to the ballot for voter consideration. In most states, the legislature must approve the amendment during one legislative session, with some requiring a simple majority and others demanding a supermajority. For example, Alabama requires a 60% vote in both chambers during a single legislative session to place an amendment on the ballot.
Some states, like Mississippi, have an initiated constitutional amendment process that includes signature requirements from citizens. In these cases, citizens can propose amendments, but the legislature still plays a role in crafting and approving the final version.
The frequency with which state legislatures amend their constitutions varies significantly. While some states, like Alabama, Louisiana, and California, amend their constitutions multiple times per year, others, such as Tennessee, Kentucky, and Indiana, average only one amendment every three to four years.
It's worth noting that state constitutions are generally much easier to modify than the federal Constitution. State legislatures generate over 80% of constitutional amendments considered and approved annually, reflecting their central role in the amendment process.
Overall, while the specifics may differ, state legislatures are key players in repealing or amending state constitutional amendments, and they provide a pathway for citizens to propose and influence these changes.
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Constitutional convention
Amending the Constitution is a difficult and time-consuming process. In the history of the United States, only one constitutional amendment has been repealed—the 18th Amendment, which established Prohibition. This was repealed by the 21st Amendment in 1933.
Constitutional amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. A constitutional convention can be called for by two-thirds of state legislatures. This method has never been used, although it has come close to being invoked on several occasions.
The process of amending the Constitution was designed to be challenging. Although thousands of amendments have been discussed since the original document was approved in 1788, there are now only 27 amendments in the Constitution. The framers of the Constitution knew that it would need to be amended, but also that it should never be amended in a frivolous or haphazard manner.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states. This is the same process required for repealing an amendment. As a result, repealing amendments are very rare.
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Frequently asked questions
State constitutional amendments are adopted regularly, and state constitutions are much easier to modify than the federal Constitution. However, the process varies from state to state, with some requiring a majority of legislators to back an amendment and others requiring supermajority legislative support.
Amendments can be proposed by the state legislature or by citizens, conventions, and commissions. The number of signatures required for citizen-initiated amendments varies from state to state. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures.
Yes, in 1933, the 21st Amendment repealed the 18th Amendment, which had banned the manufacture and sale of alcohol in the United States.
