Amending The Constitution: What Fraction Of Votes Is Needed?

The process of amending the US Constitution is outlined in Article V of the Constitution. This process requires a two-thirds majority vote in both the House of Representatives and the Senate to 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. While the President does not have a direct role in the amendment process, the certification of an amendment has become a ceremonial function attended by dignitaries, including the President in some cases. State legislatures play a significant role in generating and approving amendments, with varying requirements for legislative support across different states. Citizen-initiated amendments are also possible in several states, but they generally face higher thresholds for ratification. Understanding the process and requirements for amending the Constitution is crucial for implementing changes that reflect the needs and values of the nation.

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Two-thirds majority in Congress

The authority to amend the US Constitution is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the members present in each house are required to vote in favour of the amendment, assuming a quorum is present. It is important to note that this is not a vote of two-thirds of the entire membership, including those absent.

Since the founding of the United States, Congress has followed this procedure to propose constitutional amendments, which are then sent to the states for ratification. This process is facilitated by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

To date, all amendments to the Constitution have been proposed by Congress through this method, with none proposed by a constitutional convention. Once an amendment is proposed by Congress, it is forwarded directly to NARA's 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.

It is worth noting that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the OFR for processing. This process ensures that the proposed amendment is handled efficiently and effectively, with the necessary administrative support.

Three-fourths of state legislatures

The process of amending the US Constitution is outlined in Article V of the Constitution. The Constitution can be amended in two ways: by Congress or by a constitutional convention.

The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This method has been used for all 27 amendments to the Constitution. The second method involves a constitutional convention called for by two-thirds of state legislatures. This method has never been used.

Once an amendment has been proposed, it must be ratified. Ratification can be achieved in two ways: by a vote of the state legislatures or by state ratifying conventions. In either case, ratification requires the approval of three-fourths of the states (38 out of 50 states). This is known as the "three-fourths of state legislatures" criterion.

While the specific ratification process is not outlined in detail in Article V, it is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows established procedures and customs.

The process of amending state constitutions varies across states. Some states require majority support from legislators, while others require supermajority support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions. The specific path to legislative approval depends on the requirements set by each state.

Majority of voters in an election

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made in two ways. Firstly, the proposal can be 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 state legislatures, although this method has never been used.

Once an amendment has been proposed, it must be ratified. Ratification can occur in two ways, as determined by Congress. The first method is for the legislatures of three-fourths of the states (38 out of 50) to ratify the amendment. The second method is for ratification conventions in three-fourths of the states to ratify the amendment.

While the above process describes the procedure for amending the US Constitution, it is worth noting that individual states have their own processes for amending their constitutions. These processes vary, and in some states, a majority of voters in an election is required to approve an amendment. For example, Hawaii, Minnesota, Tennessee, and Wyoming require amendments to be approved by a majority of voters in the entire election. In these states, abstaining from voting on an amendment is effectively counted as a "no" vote. Illinois has a similar approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.

In addition to the above, 17 states allow for citizen-initiated amendments, which generally must then be ratified by a simple majority of voters, similar to the process for legislature-referred amendments. However, Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections, adding an extra layer of approval.

In summary, while the US Constitution outlines a specific process for amendment, individual states may have their own unique processes, some of which require the approval of a majority of voters in an election for amendments to their state constitutions to be enacted.

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Supermajority of voters

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 this process, amendments can be proposed by Congress or by a constitutional convention called for by two-thirds of state legislatures.

Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used so far, with 33 amendments proposed in this way. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.

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 done either by state legislatures or state conventions.

At the state level, the requirements for amending constitutions vary. While some states require majority support from legislators, others require supermajority legislative support. Specifically, 25 states require a higher threshold of support, with 9 requiring a three-fifths vote and 16 requiring a two-thirds vote.

In addition, some states allow for citizen-initiated amendments, which must then be ratified by voters. In most states, a simple majority of voters is needed, but several states require a supermajority of voters for ratification. For example, Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.

Citizen-initiative processes

The number of signatures required for a citizen-initiated amendment to qualify for the ballot varies by state. Arizona and Oklahoma have the highest requirement, mandating signatures from 15% of voters in the last gubernatorial election. In contrast, Massachusetts has the lowest threshold at 3%. Some states, like Colorado, also have geographic distribution requirements, such as needing signatures from 2% of registered voters in each state senate district.

Once a citizen-initiated amendment qualifies for the ballot, it must be ratified by voters. Most states require ratification by a simple majority, but some states, like Nevada, demand approval in two consecutive elections. Citizen-initiated amendments are considered more frequently in certain states, such as California and Colorado.

The citizen-initiative process empowers citizens to directly engage in the constitutional amendment process, bypassing the traditional route of legislative approval. However, it is essential to note that the specific requirements and procedures for citizen-initiated amendments can vary across states, and not all states offer this pathway for constitutional changes.

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