Malcolm Rivera
The process of amending the US Constitution is a complex one, with only 27 amendments to date, and it requires a proposal by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention called for by two-thirds of the state legislatures can propose an amendment. 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. On the other hand, state constitutions are much more flexible and are amended regularly, with varying procedures depending on the state. For example, in Colorado, citizens can initiate constitutional amendments with 5% of the votes cast for the secretary of state in the previous election, while in Illinois, 8% of votes cast for governor are required.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention by two-thirds of state legislatures |
| Number of amendments to the Constitution | 27 |
| Number of amendments to state constitutions | Around 7,000 |
| States with most frequent amendments | Alabama, Louisiana, South Carolina, Texas, and California |
| States with least frequent amendments | Tennessee, Kentucky, Indiana, Illinois, and Vermont |
| Number of states allowing citizen-initiated constitutional amendments | 18 |
| Signature requirement for citizen-initiated amendment in Colorado | 5% of votes cast for the Colorado secretary of state in the preceding general election |
| Signature requirement for citizen-initiated amendment in Illinois | 8% of votes cast for governor in the previous gubernatorial election |
| Legislative session requirement for Kentucky State Legislature to place an amendment on the ballot | 60% |
| Number of amendments allowed on one election ballot in Kentucky | 4 |
| Legislative session requirement for Illinois General Assembly to place an amendment on the ballot | 60% |
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What You'll Learn
- Amendments can be proposed by Congress with a two-thirds majority vote in both the House and Senate
- Amendments can also be proposed by a constitutional convention called for by two-thirds of state legislatures
- State legislatures generate over 80% of constitutional amendments approved annually
- State constitutions are amended regularly and are easier to modify than the federal Constitution
- Ratification of an amendment is administered by the Archivist of the United States
Amendments can be proposed by Congress with a two-thirds majority vote in both the House and Senate
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate. This is a joint resolution that does not require the approval or signature of the President. Once an amendment is proposed, it is sent to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, along with an information package for the states.
The amendment process also allows for citizen-initiated amendments in some states. These amendments are placed on the ballot after meeting signature and legal requirements. In some states, such as Massachusetts, citizen-initiated amendments must secure support from a portion of the legislature before appearing on the ballot. Once on the ballot, citizen-initiated amendments generally require ratification by a simple majority of voters, with a few states requiring a supermajority.
State legislatures generate more than 80 percent of constitutional amendments considered and approved each year. The requirements for crafting amendments vary by state, with some requiring majority support and others supermajority support. A few states, like Kentucky, have specific vote count requirements for the House and Senate. Additionally, some states require legislative support to be expressed in a single session, while others need two consecutive sessions.
It is important to distinguish between amendments to the US Constitution and amendments to state constitutions. While the US Constitution has only been amended 27 times, state constitutions are amended more frequently, with some states amending their constitutions multiple times a year. The processes for amending state constitutions vary and may include mechanisms such as citizen-initiated processes, legislative processes, and state constitutional conventions.
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Amendments can also be proposed by a constitutional convention called for by two-thirds of state legislatures
The Constitution of the United States provides two methods for proposing amendments: firstly, by a two-thirds majority vote in both the House of Representatives and the Senate, or secondly, by a constitutional convention called for by two-thirds of the state legislatures. This second method is derived from Article V of the Constitution, which states that "on the Application of two-thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments".
This convention method has never been used to propose an amendment, and all 27 amendments to date have been proposed by Congress. However, it is an important mechanism as it allows states to bypass Congress and propose amendments independently. This was included in the Constitution by its drafters as they recognised that the congressional proposal method was controlled by the federal government and could not be relied upon to address federal governmental abuses.
Despite its potential, the convention method has not been utilised due to concerns about a ""runaway convention", where a convention could be called to propose amendments on one subject but then deviate and propose amendments on other matters. This has been a significant obstacle to the use of the convention method, as it has deterred people who would otherwise support amendments that would limit the federal government's powers.
The process of amending the Constitution is a complex and important aspect of the United States government, and the convention method is a unique feature of the Constitution that has yet to be fully explored.
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State legislatures generate over 80% of constitutional amendments approved annually
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment may 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 becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
While the US Constitution has only been amended 27 times, state constitutions are amended regularly and are much easier to modify. The current constitutions of the 50 states have been amended around 7,000 times, with some states amending their constitutions more than three to four times per year on average.
State legislatures generate more than 80% of the constitutional amendments approved annually. 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 mandate supermajority legislative support. The specific requirements also depend on whether the legislative support needs to be expressed in a single session or across two consecutive sessions.
To facilitate legislative approval, ten states allow amendments to be approved by a majority vote in a single session. In contrast, 25 states have higher thresholds, with nine requiring a three-fifths supermajority vote and 16 mandating a two-thirds supermajority vote. Additionally, some states, like Kentucky, impose limits on the number of constitutional amendments that can be added to a single election ballot.
In addition to the legislative process, some states also allow for citizen-initiated constitutional amendments. Eighteen states enable citizens to initiate constitutional amendments, with varying signature requirements to qualify for the ballot. Once on the ballot, the approval requirements differ, with some states requiring a simple majority and others mandating a supermajority vote for the amendment to pass.
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State constitutions are amended regularly and are easier to modify than the federal Constitution
The US Constitution is notoriously challenging to modify, and this is reflected in the small number of amendments that have been made to it. In contrast, state constitutions are amended regularly and are far easier to modify.
The US Constitution has been amended only 27 times, and the process is initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. However, this has never been the method by which an amendment has been proposed. The President does not have a role in the amendment process, and the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
State constitutions, on the other hand, offer multiple paths for amendments and are amended with far greater frequency. For example, the constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended, on average, more than three to four times per year. At the same time, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions, on average, only once every three to four years. State legislatures are responsible for generating more than 80% of the constitutional amendments approved annually across the country.
The requirements for state legislatures to craft amendments vary. Some states require a simple majority of legislators, while others demand a supermajority legislative vote. Further, some states require support to be expressed in a single session, while others need two consecutive sessions. The simplest route to legislative approval is a majority vote in a single session, which is possible in 10 states. Twenty-five states require a supermajority legislative vote in a single session, with nine of those requiring a three-fifths vote and 16 mandating a two-thirds vote.
In addition to the legislative process, 18 states allow citizens to initiate constitutional amendments. The number of signatures required for an initiated amendment varies by state. For example, in Colorado, the number of signatures must equal 5% of the votes cast for the secretary of state in the previous general election. In Illinois, the requirement is 8% of the votes cast for governor in the preceding gubernatorial election. Amendments proposed by citizens must then be approved by a majority of voters, with some states, like Nevada, requiring approval by a majority of voters in two consecutive elections.
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Ratification of an amendment is administered by the Archivist of the United States
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985. The Archivist does not make any substantive determinations as to the validity of State ratification actions. However, it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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 prepared by the OFR. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation 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 and serves as official notice to the Congress and the Nation that the amendment process has been completed.
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Frequently asked questions
The US Constitution can be amended either 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 Congress proposes an amendment, the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50).
State constitutions are much easier to modify than the US Constitution, and they offer multiple paths for amendment. Eighteen states allow citizens to initiate constitutional amendments through ballot measures. State legislatures generate more than 80% of constitutional amendments that are considered and approved each year. The requirements for legislatures to craft amendments vary by state, with some requiring majority support and others supermajority support.
The frequency of amendments to state constitutions varies. For example, the constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year on average. On the other hand, the constitutions of Tennessee, Kentucky, Indiana, Illinois, and Vermont are amended only about once every three to four years.
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