Malcolm Rivera
The process of voting for constitutional amendments can vary depending on the state and the specific amendment in question. In the United States, the Constitution outlines the process for proposing and ratifying amendments, with Article V granting Congress the authority to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. State legislatures play a significant role as well, generating a large proportion of constitutional amendments annually, and citizen-initiated amendments are also possible in some states. The process of voting for constitutional amendments involves legislative approval, with requirements varying by state, and citizen engagement through signature collection and, ultimately, ratification. Understanding the specific procedures and requirements for voting on constitutional amendments is essential for citizens to effectively exercise their right to shape the Constitution.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Three-fourths of the States (38 out of 50) |
| Ratification process administration | The Archivist of the United States, who heads the National Archives and Records Administration (NARA) |
| Ratification certification | Signed by the President or the Archivist, witnessed by dignitaries |
| State amendment processes | Vary in requirements, with some requiring majority or supermajority legislative support, and others allowing citizen-initiated amendments |
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What You'll Learn
Voting rights laws
One of the earliest federal protections against voting discrimination was outlined in the Civil Rights Act of 1870, which was later amended by the Voting Rights Act of 1965. This act prohibited voter discrimination based on race, colour, or membership in a language minority group. It also mandated that certain jurisdictions provide election materials in languages other than English and imposed restrictions on states with a history of voter discrimination.
Another significant piece of legislation is the Voting Accessibility for the Elderly and Handicapped Act of 1984, which ensures that polling places are accessible to individuals with disabilities. The National Voter Registration Act (NVRA) of 1993 also improved the voting process by creating new ways to register to vote and requiring states to maintain more accurate voter registration lists.
The right to vote has been further expanded through constitutional amendments. The 15th Amendment, ratified in 1870, granted African American men the right to vote, although many states implemented literacy tests and other barriers that prevented them from exercising this right. The 19th Amendment, ratified in 1920, extended the right to vote to women. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. Finally, the 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
The process of amending the Constitution is outlined in Article V. An amendment 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. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
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State-level amendments
The process for voting on state-level constitutional amendments varies across the United States. State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. While the specifics differ, the general process involves legislatures crafting and voting on amendments before referring them to voters for ratification.
State requirements for legislatures to craft amendments vary. Some states require amendments to secure the backing of a majority of legislators, while others mandate supermajority legislative support. Certain states demand legislative support to be expressed in a single session, while others require two consecutive sessions. Obtaining approval through a majority vote in a single session is the easiest route, available in 10 states.
The ratification process for voters also differs among states. Most states permit ratification of legislature-crafted amendments by a simple majority vote. However, New Hampshire, Florida, and Colorado have set a supermajority threshold. Four states, Hawaii, Minnesota, Tennessee, and Wyoming, require amendments to be approved by a majority of voters in the entire election. Illinois offers a hybrid approach, allowing amendments to be approved by either a three-fifths vote on the amendment or a majority of voters in the election.
Additionally, seventeen states provide an alternative path for enacting amendments through citizen-initiative processes. These states vary in their procedures for qualifying citizen-initiated amendments for the ballot, with most requiring an overall number of signatures in support tied to the previous gubernatorial election's vote count. Arizona and Oklahoma have the highest bar, mandating signatures equal to 15% of votes cast in the last gubernatorial election. In contrast, Massachusetts sets the lowest threshold at 3%.
Beyond legislative and citizen-initiated amendments, some states allow for commission-referred amendments. For example, Florida has the Florida Taxation and Budget Reform Commission and the Constitution Revision Commission, which propose amendments at regular intervals.
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Federal laws protecting voting rights
Federal laws in the United States have been enacted over the years to protect Americans' right to vote and make it easier for citizens to exercise that right. The Civil Rights Acts created some of the earliest federal protections against discrimination in voting, with the first protections outlined by the Civil Rights Act of 1870. The 14th Amendment, ratified in 1868, extends citizenship to all natural-born or naturalized Americans, guaranteeing that rights of citizenship, like voting, cannot be restricted by the states. The 15th Amendment, ratified in 1870, prohibits restricting the right to vote due to "race, colour, or previous condition of servitude".
The Voting Rights Act of 1965 was another significant piece of legislation that prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English. The act placed limits on certain states with a history of voter discrimination, requiring them to obtain federal approval before passing voter restrictions. This legislation was signed into law 95 years after the 15th Amendment was ratified, as African Americans in the South continued to face tremendous obstacles to voting, including literacy tests, poll taxes, and other bureaucratic restrictions.
The 19th Amendment, ratified in 1920, extended voting rights to all women. The 24th Amendment, ratified in 1964, explicitly banned poll taxes, which often prevented low-income citizens of all races from voting. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
Other federal laws, such as the National Voter Registration Act and the Help America Vote Act, require states to maintain accurate and current lists of legally registered voters. The Department of Homeland Security shares database information with states to fulfill this duty. Federal law also prohibits foreign nationals from participating in federal, state, or local elections by making any contributions or expenditures.
While the federal government has the power to protect voting rights and regulate elections, it may lack the tools to do so effectively. Thus, states also play a crucial role in protecting voting rights by removing barriers to voter registration, simplifying the voting process, and passing state-level voting rights acts.
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Constitutional conventions
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures. Notably, none of the 27 amendments to the Constitution to date have been proposed by constitutional convention.
State legislatures generate more than 80% of constitutional amendments considered and approved annually. States differ in their legislative support requirements for crafting amendments, with some requiring a simple majority and others mandating supermajority support. Twenty-five states demand higher support, with nine requiring a three-fifths vote and sixteen needing a two-thirds vote.
Some states allow citizen-initiated amendments, where proponents must gather a certain number of signatures to support holding a vote on the amendment. The number of signatures often correlates with the votes cast in the previous gubernatorial election. Once the signature and legal requirements are met, the amendment proceeds to the ballot, where ratification occurs similarly to legislature-referred amendments.
The proposed amendment becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50). The ratification process is administered by the Archivist of the United States, who delegates specific duties to the Director of the Federal Register. The certification of the amendment's validity is published in the Federal Register, officially concluding the amendment process.
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Citizen-initiated amendments
A citizen-initiated constitutional amendment is a ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments, with 26 states providing citizens with the power of initiative, referendum, or both. The citizen initiative process allows citizens to propose a constitutional or statutory amendment or a veto referendum for inclusion on a ballot. This can be achieved through direct or indirect means, both of which require citizens to collect a specified number of signatures before being placed on the ballot.
A direct initiative is when a citizen-initiated ballot measure is placed directly on the ballot for voters to decide. To do this, an individual must first file a proposed ballot measure with their designated state official. Once this preliminary filing is complete, citizens must collect a minimum number of petition signatures from registered voters in a state. The number of signatures required varies based on the districts targeted for signature collection.
An indirect initiative, on the other hand, requires citizens' signatures and approval from the state legislature. Once the minimum number of signatures is received, the state legislature may approve the statute without putting it on the ballot. If the statute does go on the ballot, a majority vote is needed to pass it. There are nine states that allow indirectly initiated state statutes: Maine, Massachusetts, Michigan, Nevada, and Washington allow the state legislature to propose alternative statutes to appear alongside indirectly initiated state statutes on the ballot.
It is important to note that none of the 27 amendments to the Constitution have been proposed by constitutional convention. All amendments have been proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
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Frequently asked questions
The constitutional amendment process begins with a proposal 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. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
The requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support, such as a three-fifths or two-thirds vote. Additionally, some states require legislative support to be expressed in a single session, while others require it in two consecutive sessions.
Citizens can play a role in the constitutional amendment process through citizen-initiated amendments. In most states, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment, with the requirement often tied to the number of votes cast in the previous gubernatorial election. Once the signature and other legal requirements are met, the amendment is placed on the ballot.
States offer multiple paths for amending their constitutions, and the processes can vary significantly. While some states, like Mississippi, previously permitted citizen-initiated amendments, a 2021 court ruling rendered the process unusable until revisions are made. Other states, like Massachusetts, require citizen-initiated amendments to secure support from a portion of the legislature before they can appear on the ballot.
