Malcolm Rivera
An initiative and a constitutional amendment are not the same, but they are related. An initiative is a means by which citizens can propose a constitutional amendment or a new statute. This is done by gathering a predetermined number of signatures to qualify a measure to be placed on a ballot, which is then voted on in a future election. This is direct democracy in action. A constitutional amendment, on the other hand, is a change to an existing law or constitution. Amendments can be proposed in several ways, including by legislative bodies, popular initiative, or a combination of both. For example, in California, a proposed amendment must be approved by a majority of voters, while in Australia, a majority of voters in a majority of states is required.
| Characteristics | Values |
|---|---|
| Definition | An initiative is a means through which citizens or organizations may gather a predetermined number of signatures to qualify a measure to be placed on a ballot and voted upon in a future election. A constitutional amendment is a change to existing law or a state's constitution. |
| Types of Initiatives | Constitutional amendments and statutory initiatives are the two types of initiatives. |
| Direct Democracy | States that allow for the initiative process on either the statutory or constitutional amendment level are considered to have direct democracy. |
| Number of Signatures | The number of signatures required may differ for constitutional amendments and statutory initiatives. |
| Level | Initiatives happen at the state and local level. |
| States with Initiatives | 26 US states have initiative and/or veto referendum processes at the statewide level. Examples include Massachusetts, Mississippi, California, and New York. |
| Ballot Measures | In all states except Delaware, to modify the state constitution, at least one form of ballot measure is mandatory. |
| Legislative Approval | In some states, legislative approval is required for an initiative to be placed on the ballot. |
| Court Approval | While court approval is not needed for a proposal or an initiated constitutional amendment, amendments may be overturned if they are challenged and a court finds them to be unconstitutional. |
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What You'll Learn
The initiative process
Constitutional amendments seek to change existing laws, whereas statutory initiatives propose new laws. Both types of initiatives may be placed on the ballot directly or indirectly. In the case of the latter, the measure is first considered by a state or local legislative body. If the legislative body does not pass the proposed law, the initiative is then placed on the ballot.
The number of signatures required for an initiative to qualify for the ballot varies. For example, in Mississippi, the number of signatures required was 49,660. However, the Mississippi Supreme Court ruled in 2021 that the state's signature distribution requirement could not be met as the state has four congressional districts, whereas the requirement is based on five.
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Direct vs. indirect initiatives
An initiative is a means by which citizens can propose and vote on constitutional amendments directly, without the need for legislative referral. This is done by gathering a predetermined number of signatures to qualify a measure to be placed on a ballot, which is then voted on in a future election.
The initiative process can be "direct" or "indirect". A direct initiative is placed on the ballot once supporters file the required number of valid signatures. An indirect initiative, on the other hand, is first presented to the state legislature, which then has a certain number of days to adopt the initiative into law. If the legislative body does not pass the proposed new law within the prescribed window of opportunity, the initiative must then be placed on the ballot.
There are 18 states that provide for citizen-initiated constitutional amendments, and among them, Massachusetts and Mississippi are the only two states with indirect initiated state constitutional amendments. In Massachusetts, if enough signatures are submitted for an amendment, the initiative goes to the legislature where it must gain approval in two successive legislative sessions from one-quarter of state senators and representatives voting together.
Mississippi also has an indirect initiative process, but it has not been able to be carried out in practice since 2001 due to a reapportionment that resulted in the state having four congressional districts instead of five. A 2021 decision by the Mississippi Supreme Court nullified a voter-passed initiative that permitted medical marijuana in the state, which was seen as effectively banning future use of indirect initiatives in the amendment process.
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State-level differences
In the United States, there are key differences between initiatives and constitutional amendments, particularly at the state level. While an initiative is a means for citizens or organisations to gather a predetermined number of signatures to qualify a measure to be placed on a ballot, a constitutional amendment is a change to existing law.
The initiative process can be used to propose constitutional amendments, and these can be direct or indirect. Direct initiatives are placed directly on the ballot, while indirect initiatives are sent to the state legislature first. Of the 18 states that allow citizen-initiated constitutional amendments, only Massachusetts and Mississippi have indirect processes. In Massachusetts, an initiative must gain approval from one-quarter of state senators and representatives voting together in a joint session. Mississippi has a signature distribution requirement based on five congressional districts, but this cannot be met as the state has only four districts. As a result, Mississippi's process remains in the state constitution but cannot be carried out in practice.
The number of signatures required for initiatives and constitutional amendments varies by state. For example, in California, a proposed amendment must be approved by a majority of voters, while in New York, an amendment proposal must be published for three months and then approved by an absolute majority of the members of each of the two houses, before being approved again in a succeeding term of the houses.
In some states, another round of signatures is required to qualify an initiative for the ballot if the legislature does not approve it. In other states, the legislature may propose an alternative amendment to appear on the ballot alongside the original citizen proposal. If both measures are approved by voters, the one with the most votes becomes law.
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Citizen-initiated amendments
The process typically involves citizens gathering a predetermined number of signatures to place a proposed amendment on the ballot. This signature requirement varies depending on the state, with some states mandating a certain percentage of voters' signatures, while others, like Mississippi, have signature distribution requirements based on congressional districts. However, Mississippi's signature distribution requirement has been deemed impractical by the state Supreme Court due to the state having fewer congressional districts than specified in the requirement.
Once the required number of signatures is obtained, the proposed amendment is put to a vote. Most states that permit citizen-initiated amendments require a two-thirds majority vote for the amendment to pass. This process allows citizens to bypass the traditional legislative route and directly influence their state's constitution.
It's important to note that citizen-initiated amendments are distinct from statutory initiatives, which involve proposing new laws rather than amending existing ones. While both processes involve citizen participation, they serve different purposes and may have different requirements in terms of signature thresholds and legislative involvement.
While citizen-initiated amendments offer a direct avenue for citizens to effect constitutional change, they are subject to judicial review. Courts can overturn an amendment if it is challenged and found to be unconstitutional. This safeguard ensures that the amendments align with the fundamental principles outlined in the constitution.
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The referendum process
The number of signatures required to place a measure on the ballot varies depending on the state and the type of initiative. For example, in Mississippi, the signature distribution requirement is based on five congressional districts, but this requirement cannot be met because the state only has four congressional districts. As a result, while the initiated constitutional amendment process is part of the state constitution, it cannot be carried out in practice.
In some states, the initiative process for proposing constitutional amendments can be direct or indirect. In direct initiatives, the proposed amendment is placed directly on the ballot after qualifying, while in indirect initiatives, the proposal is first sent to the state legislature. For example, in Massachusetts, an indirect initiative must gain approval from one-quarter of state senators and representatives voting together in two successive legislative sessions before it can move forward.
Overall, the referendum process allows citizens to have a direct say in whether to uphold or change existing laws, including state constitutions, through the collection of signatures and voting. However, it is important to note that the specific processes and requirements can vary significantly from state to state.
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Frequently asked questions
An initiative is a means through which citizens or organizations can propose a measure to be placed on a ballot, to be voted upon in a future election. This can be done by gathering a predetermined number of signatures. Initiatives can be direct or indirect. Direct initiatives are placed directly on the ballot, while indirect initiatives are sent to the state legislature first.
A constitutional amendment is a change to an existing law or constitution. Amendments are typically proposed by a legislative body and must be approved by a majority of voters.
No, they are not the same. An initiative is the process of getting a measure on a ballot, which can result in a constitutional amendment. A constitutional amendment is the result of that process.
