Jonah Patel
The process of amending the Constitution of the United States is outlined in 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 constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, it must be ratified by either a simple majority of voters in most states or a supermajority in several states. The process of amending state constitutions varies, but they generally offer multiple paths for amendment, and citizen-initiated amendments are considered in several states.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification | Administered by the Archivist of the United States |
| Amendment submission | Submitted to the states for ratification |
| Number of states required for ratification | 38 out of 50 |
| States requiring majority approval by voters | Hawaii, Minnesota, Tennessee, Wyoming, Illinois |
| States allowing citizen-initiative processes | 17, including Mississippi until 2021 |
| Signature collection requirements | Vary by state, ranging from 3% to 15% of votes cast in the last gubernatorial election |
| States requiring supermajority approval for citizen-initiated amendments | Nevada |
| States with frequent citizen-initiated amendments | California, Colorado |
| Total number of constitutional conventions held | 250 |
| Countries requiring legislative approval before submitting to voters | Australia, Ireland, Switzerland |
| Country-specific requirements | Australia: majority of voters in a majority of states; Ireland: simple majority |
| Publication requirement for amendment bills | 30 days before introduction in the National Assembly |
| Supermajority requirement in the National Assembly | Two-thirds (267 out of 400 members) |
| Voting rights laws and amendments | Civil Rights Acts, Voting Rights Act of 1965, Voting Accessibility Act of 1984, UOCAVA, MOVE Act, NVRA, HAVA |
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What You'll Learn
Voting rights laws and federal protections
One of the earliest federal protections against discrimination in voting was created by the Civil Rights Act of 1870. This was later strengthened by the landmark Voting Rights Act of 1965, which explicitly prohibited voter discrimination based on race, colour, or membership in a language minority group. It also mandated that certain places provide election materials in languages other than English. Additionally, the Act imposed restrictions on states with a history of voter discrimination, requiring them to obtain federal approval before enacting voter restrictions.
The Thirteenth Amendment (1865) outlawed slavery except as punishment for crimes, while the Fourteenth Amendment (1868) granted citizenship to anyone "born or naturalized in the United States" and guaranteed due process and equal protection rights. The Fifteenth Amendment (1870) explicitly stated that voting rights could not be denied or abridged by any state based on race, colour, or previous conditions of servitude.
The National Voter Registration Act (NVRA) of 1993 introduced new ways to register to vote and mandated that states maintain accurate voter registration lists. The Help America Vote Act (HAVA) of 2002 authorized federal funding for elections and established the U.S. Election Assistance Commission (EAC) to assist states in complying with HAVA standards on voter education, registration, and ballots.
The process of amending the Constitution is outlined in Article V. Amendments can be proposed by Congress with a two-thirds majority vote in both houses or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, the Archivist of the United States administers the ratification process. After receiving the required number of authenticated ratification documents, the Archivist certifies the amendment, making it officially part of the Constitution.
While states have their own voter ID rules, most require voters to present identification to vote in person. Federal laws, such as the Voting Accessibility for the Elderly and Handicapped Act of 1984, ensure that polling places are accessible to people with disabilities. Additionally, acts like the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the Military and Overseas Voting Empowerment (MOVE) Act of 2009 improve access to voting for military voters and those living abroad.
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State-specific requirements
State legislatures generate more than 80% of constitutional amendments considered and approved annually across the country. States vary in their requirements for legislatures to craft amendments, with some requiring amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. Some states require legislative support to be expressed in a single session, while others require two consecutive sessions.
The simplest way for an amendment to gain legislative approval is for it to be approved by a majority vote in a single session, which is possible in 10 states. Twenty-five states have a higher threshold, with 16 requiring a two-thirds vote and nine requiring a three-fifths vote.
Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. Abstaining from voting on an amendment in these states is essentially the same as voting no. Illinois allows amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.
Seventeen states allow amendments to be enacted via citizen-initiative processes, although the specific requirements for signature collection vary. Arizona and Oklahoma have the highest bar, requiring 15% of the votes cast in the last gubernatorial election, while Massachusetts has the lowest, at 3%. Some states also have geographic distribution requirements for signature collection.
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Citizen-initiated amendments
The process typically begins with citizens gathering signatures to qualify their proposed amendment for the ballot. The number of signatures required varies by state and is often tied to the number of votes cast in the previous gubernatorial election. For example, Arizona and Oklahoma require signatures from 15% of the previous election's voters, while Massachusetts sets the lowest bar at 3%. Some states also have geographic distribution requirements, such as collecting signatures from a certain percentage of registered voters in each state senate district.
Once the required number of signatures is verified and approved, the proposed amendment is placed on the ballot for voter consideration. At this stage, the process may differ depending on whether it is a direct or indirect initiative. In a direct initiative, the proposed amendment goes directly to the voters for a majority vote. On the other hand, an indirect initiative requires approval from the state legislature before appearing on the ballot, and some states allow the legislature to propose alternative statutes to be voted on alongside the citizen-initiated amendment.
After the ballot measures are voted on, the amendment process is completed. This typically involves an official certification that the amendment has become a valid part of the constitution, published in federal records. While most citizen-initiated amendments require ratification by a simple majority of voters, some states, like Nevada, require approval by a majority in two consecutive elections.
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Legislative procedures
The legislative procedures for voting on two constitutional amendments can vary depending on the state and the specific amendment process being followed. However, here is a general overview of the legislative procedures involved in the constitutional amendment process:
Proposal
The process of amending the Constitution of the United States is outlined in 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 constitutional convention called for by two-thirds of state legislatures. The proposal takes the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.
Submission to States
The Archivist of the United States submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, as specified by Congress.
Ratification
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). In 49 states, voter approval is required for the ratification of state constitutional amendments. The process for proposing and ratifying these amendments can vary, with some states allowing citizens to initiate constitutional amendments through ballot measures. These citizen-initiated amendments must then be ratified by a simple majority or supermajority of voters, depending on the state. Once an amendment is ratified by enough states, the OFR transfers the records to the National Archives for preservation.
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Historical context
The right to vote in the United States has been a contested issue since the nation's founding. The original approach to voting, as outlined in the Constitution and the Bill of Rights enacted in the late 18th century, gave states the responsibility of overseeing federal elections and determining voter eligibility.
Historically, voter eligibility was often restricted to white male property owners, with only a few states and cities allowing free African Americans and women to vote. This began to change after the Civil War with the passage of the 13th, 14th, and 15th Amendments, known as the "Reconstruction Amendments." The 15th Amendment, ratified in 1870, granted all male citizens the right to vote regardless of race or previous slave status. However, discriminatory practices and laws, such as poll taxes, literacy tests, and the intimidation tactics of the Ku Klux Klan, prevented many African Americans from exercising this right.
The 19th Amendment, ratified in 1920, extended the right to vote to women. The 24th Amendment, ratified in 1964, prohibited states from requiring poll taxes for voting, which had been used to disenfranchise African Americans and low-income whites. The Voting Rights Act of 1965 further prohibited voter discrimination based on race, colour, or membership in a language minority group and placed limits on states with a history of voter discrimination.
More recently, the 26th Amendment, ratified in 1971, lowered the voting age from 21 to 18, enfranchising a significant portion of the youth population. These amendments, along with ongoing efforts to protect voting rights, have shaped the modern understanding of voting eligibility and access in the United States.
The process of proposing and ratifying constitutional amendments is outlined in 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 constitutional convention called for by two-thirds of the state legislatures. The amendment process involves multiple steps, including notification to state governors, consideration by state legislatures or conventions, and the collection and verification of ratification documents. The final certification of an amendment is published in the Federal Register and serves as official notice of its adoption into the Constitution.
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Frequently asked questions
The US Constitution can be amended by Congress with a two-thirds majority vote in the House of Representatives and the Senate, or by a constitutional convention requested by at least two-thirds of the states. After an amendment is proposed, the Archivist of the United States administers the ratification process, which requires approval by three-fourths of the states (38 out of 50).
There have been 27 amendments to the US Constitution, including:
- The 15th Amendment (1870): Granted male citizens the right to vote regardless of race or prior slave status.
- The 19th Amendment (1920): Gave women the right to vote.
- The 24th Amendment (1964): Eliminated poll taxes used to restrict voting.
- The 26th Amendment (1971): Lowered the voting age to 18 for all elections.
The process for amending state constitutions varies by state, but it can generally be done through the legislature, a constitutional convention, or a citizen/voter initiative. Amendments typically require approval by a majority or supermajority of voters, and some states have signature collection requirements for citizen initiatives.
Citizen-initiated amendments often require supporters to collect signatures equal to a percentage of votes cast in the last gubernatorial election, such as 15% in Arizona and Oklahoma, or 3% in Massachusetts. Amendments must then be approved by voters, sometimes in multiple elections, and may need to meet geographic distribution requirements for signatures across different areas.
