Jonah Patel
Voter approval of constitutional amendments is a crucial aspect of the democratic process, allowing citizens to have a direct say in shaping the laws that govern them. In the United States, the process of amending the Constitution is outlined in Article V, with Congress proposing amendments that are then ratified by three-fourths of the states. While the President does not have a formal role in this process, their presence at the signing of certifications has become ceremonial. At the state level, the process varies, with 49 out of 50 states requiring voter approval for state constitutional amendments, either through the legislative process or state conventions. Citizen-initiated amendments, which are allowed in 18 states, face additional challenges, needing approval from a majority of voters in most states and a supermajority in several. This process empowers citizens to propose and approve changes to their state constitutions, ensuring that the laws reflect the will of the people.
| 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 ratification | Three-fourths of the States (38 of 50 States) |
| Number of amendments to the Constitution | 27 |
| States requiring voter approval for state constitutional amendments | 49 of 50 states |
| States allowing citizen-initiated constitutional amendments | 18 states |
| States requiring majority voter approval of constitutional convention | Hawaii, Minnesota, Tennessee, Wyoming, Illinois |
| States requiring supermajority voter approval of constitutional convention | Nevada |
| States requiring legislative majority to approve a convention referendum | Most states |
| States requiring supermajority legislative vote to approve a convention referendum | Some states |
| States requiring voter approval of a legislature-generated convention call | All but a few states |
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What You'll Learn
The process for proposing and ratifying constitutional amendments
An amendment can be proposed in two ways. The first is by a two-thirds majority vote in both the House of Representatives and the Senate, also known as a joint resolution. The second method is by a constitutional convention called for by two-thirds of the State legislatures. It is worth noting that none of the 27 amendments to the Constitution have been proposed by constitutional convention. The President does not have a constitutional role in the amendment proposal process.
Once an amendment is proposed, it is sent to the states for ratification. For an amendment to become part of the Constitution, it must be ratified by either the legislatures of three-quarters of the states (38 out of 50) or by ratifying conventions in three-quarters of the states. The vote of each state carries equal weight, regardless of its population or time in the Union. The first method has been used for all 33 amendments submitted to the states for ratification.
Once an amendment is ratified by the required number of states, it becomes an operative part of the Constitution. The Archivist of the United States is responsible for administering the ratification process and certifying 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 that the amendment process is complete.
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Ratification by three-fourths of states through legislative or state convention processes
The process of amending the Constitution of the United States is derived from Article V of the Constitution. After an amendment is proposed by Congress, it is sent to the states for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). This can be achieved through two methods: ratification by three-fourths of state legislatures or ratification by conventions in three-fourths of the states.
The first method, ratification by state legislatures, is procedurally simple. It involves proposing a resolution, memorial, or proclamation of ratification and voting it up or down in each chamber of the state legislature.
The second method, ratification by state convention, is a more complicated process. It involves convening a convention of delegates in each state, who consider and vote on the proposed amendment. This method was designed to bypass the state legislatures and more directly reflect the sentiments of registered voters on highly sensitive issues. It also allows for the potential involvement of average citizens, who may be less likely to bow to political pressure than state legislators.
The choice between the two methods of ratification is specified by Congress when proposing the amendment. In the history of the United States, only one amendment, the 21st Amendment in 1933, has been ratified by state conventions.
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Citizen-initiated amendments
In the United States, a ballot measure is a proposed law, issue, constitutional amendment, or question that appears on a statewide or local ballot for voters of the jurisdiction to vote on. Citizen-initiated amendments, also known as initiated constitutional amendments, are citizen-initiated ballot measures that amend a state's constitution.
There are 18 states that allow citizens to initiate constitutional amendments, with 16 of these states allowing for direct initiatives and two for indirect initiatives. Direct initiatives go straight to the voters, while indirect initiatives go through the state legislature, which can take various actions on the proposal before it goes to voters.
For a citizen-initiated ballot measure to be placed on a ballot, citizens must propose a constitutional or statutory amendment or a veto referendum. This can be achieved through direct or indirect means, both of which require citizens to collect a specified number of signatures prior to being placed on the ballot. This is known as the preliminary filing process, where an individual files a proposed ballot measure to appear on the ballot with their designated state official.
The number of signatures required varies based on the districts targeted for signature collection. For example, to suspend the enactment of a targeted law until the election, 126,838 valid signatures are required, while 232,072 valid signatures are needed for two rounds of signatures to get an initiated statute on the ballot.
Once the minimum number of signatures is received for an indirect initiative, the state legislature may approve the statute without placing it on the ballot. If the statute does go on the ballot, a majority vote is needed to pass it.
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Requirements for voter approval
The process of amending the US Constitution is outlined in Article V of the Constitution. While the President does not have a constitutional role in the amendment process, the authority to amend the Constitution is derived from this article. 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 must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be achieved through the legislative process or the state convention process. In 49 of the 50 states, voter approval is required for the ratification of state constitutional amendments. Delaware is the only state that does not require voter approval.
The specific requirements for voter approval vary across the states. 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 counted as a "no" vote. 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, including California and Colorado, allow amendments to be enacted through citizen-initiative processes. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
State constitutional conventions, which were more common in prior eras, also submit proposed amendments to voters for approval. These conventions are typically called by legislators and require majority legislative approval. Any proposed amendments are then ratified by voters, usually by a simple majority.
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The role of the President in the amendment process
The President of the United States does not have a constitutional role in the amendment process. The Constitution outlines that 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 state legislatures. In both cases, the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
Despite this, some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that became the Bill of Rights, to the states for ratification after they were approved by Congress. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. President Johnson, for instance, signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
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