Amending The Constitution: A State-By-State Process

The process of amending the United States Constitution is outlined in Article Five, which offers two methods for proposing amendments: through Congress with a two-thirds majority vote in both the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of state legislatures to become part of the Constitution. While the President does not have a role in this process, it is notably challenging and time-consuming. The difficulty is reflected in the small number of amendments to the Constitution since its drafting in 1787—just 27, including the Bill of Rights. States have their own processes and varying levels of difficulty for amending their constitutions, with options for citizen-led initiatives in some.

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Amending the US Constitution

Article Five of the US Constitution outlines two methods for proposing amendments. The first method involves Congress proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method is through a constitutional convention called for by two-thirds of the state legislatures. Despite calls for a convention, none of the 27 amendments have been proposed through this method.

Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. Only once in US history, with the 1933 ratification of the 21st Amendment, has the latter method been used. Each state's vote carries equal weight, regardless of population or length of time in the Union.

The process of amending state constitutions varies across the country. Some states, like Alabama, amend their constitutions frequently, while others, like Tennessee, amend theirs infrequently. State legislatures are responsible for the majority of constitutional amendments, but some states also allow citizen-initiated amendments. Conventions, called by legislators, also offer a path for amending state constitutions, although they are rarely used.

In conclusion, amending the US Constitution is a challenging and deliberate process, reflecting the framers' intention for the document to stand the test of time. While Article Five provides a framework for proposing and ratifying amendments, the involvement of Congress and state legislatures ensures a careful and considered approach to any changes.

State legislatures and conventions

Article Five of the United States Constitution outlines two methods for proposing amendments. The first method involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method, which has never been used, involves a constitutional convention called for by two-thirds of state legislatures (34 out of 50 states).

State legislatures play a crucial role in the amendment process. They can initiate the process by calling for a convention to propose amendments. This convention mechanism was designed to empower states and prevent the national government from having absolute authority over constitutional changes. However, the convention option has yet to be invoked, and all amendments have originated in Congress so far.

Once an amendment is proposed, either by Congress or a convention, it is submitted to the states for ratification. State legislatures or state conventions can ratify the amendment, depending on what Congress specifies. To become part of the Constitution, an amendment must be ratified by three-quarters of the states (38 out of 50 states). This ensures that any change to the Constitution reflects the will of a significant majority of the country.

The process of ratification involves governors formally submitting the amendment to their state legislatures or calling for a state convention. The state's decision, whether to ratify or reject the amendment, is documented and sent to the Archivist of the United States, who administers the ratification process. The Archivist does not determine the validity of state ratification actions but certifies the facial legal sufficiency of the documents.

In conclusion, while the initiation of the amendment process through a convention called by state legislatures has not been utilised, state legislatures and conventions play a vital role in ratifying proposed amendments. This ratification process ensures that any changes to the Constitution are broadly accepted by the states and reflect the will of the people.

Citizen-initiated amendments

The US Constitution is difficult to change and has been amended only 27 times. State constitutions, on the other hand, are amended more frequently and with greater ease.

Seventeen states currently allow for citizen-initiated amendments, which account for fewer than 2 out of every 10 amendments adopted across the country each year. These states vary in their procedures for qualifying citizen-initiated amendments for the ballot. In each of these states, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment. Most of these signature-collection requirements are tied to the number of votes cast in the last gubernatorial election. Arizona and Oklahoma have the highest bar, requiring supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. In contrast, Massachusetts sets the lowest bar at 3%. Just over half of the states also maintain a geographic distribution requirement for signature collection.

Once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot, without a role for the legislature in this process.

Examples of Citizen-Initiated Amendments

• Nevada Question 6, Right to Abortion Initiative (2026)
• Nevada Question 7, Require Voter Identification Initiative (2026)

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Ratification by three-quarters of states

Article Five of the United States Constitution describes the procedure for altering the Constitution. It provides two methods for amending the nation's system of government. The first method involves Congress proposing constitutional amendments with a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves Congress calling a convention for proposing amendments at the request of two-thirds of state legislatures.

Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. Congress decides whether a proposed amendment is sent to state legislatures or state ratifying conventions for ratification. The legislatures of three-quarters of the states must ratify the amendment, or ratifying conventions in three-quarters of the states must be conducted. Each state's vote carries equal weight, regardless of its population or time in the Union. The Twenty-First Amendment, ratified in 1933, is the only amendment ratified by state conventions.

The Archivist of the United States is responsible for administering the ratification process. Once the required number of authenticated ratification documents is received, the Archivist certifies 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.

It is important to note that while states have the power to ratify amendments, there is debate over their ability to rescind ratification. The constitutional amendment process in Article Five does not explicitly address rescission. However, precedents indicate that rescission attempts may not be valid, as seen in the case of the Fourteenth Amendment, where the Secretary of State and Congress included states that had passed resolutions to rescind their ratifications in the official tally.

Article Five amendment process

Article Five of the United States Constitution outlines the procedure for amending the nation's supreme legal framework. It offers two methods for initiating this process: the first authorises Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate; the second method requires Congress, at the request of two-thirds of state legislatures, to call a convention for proposing amendments. Importantly, the President has no constitutional role in the amendment process, with amendments not requiring presidential approval.

Once an amendment has been proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways: through the legislatures of three-quarters of states (38 out of 50), or via ratifying conventions in three-quarters of states. This second method has only been used once in US history, for the Twenty-First Amendment in 1933. Each state's vote carries equal weight, regardless of its population or length of time in the Union.

Article Five does not specify deadlines for ratification, but most amendments proposed since 1917 have included a deadline. Importantly, legal scholars agree that the Article Five process can be amended using the procedures it outlines. However, there is disagreement over whether Article Five is the sole method for amending the Constitution.

The Article Five process has been initiated numerous times since 1789, with all amendments proposed by Congress and none by constitutional convention. This reflects the compromise inherent in Article Five, balancing the roles of national and state legislatures in the amendment process.

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