Omar Bennett
The process of amending the US Constitution is a complex and lengthy one. It has only been amended 27 times since 1787, with amendments including the Bill of Rights and, more recently, the abolition of poll taxes and the lowering of the minimum voting age. Amendments can 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. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This process is managed by the Archivist of the United States and the Director of the Federal Register. While the process is similar at the state level, with state legislatures generating most constitutional amendments, there is no uniform procedure, and requirements for legislative support and voter ratification vary across states.
| Characteristics | Values |
|---|---|
| Fraction of votes needed to propose an amendment | Two-thirds majority in both the House of Representatives and the Senate |
| Who proposes an amendment | Congress or a constitutional convention called for by two-thirds of state legislatures |
| Fraction of states needed to ratify an amendment | Three-fourths (38 out of 50 states) |
| States where voters ratify amendments | All states except Delaware |
| States requiring majority voter approval in the entire election | Hawaii, Minnesota, Tennessee, and Wyoming |
| States allowing approval by three-fifths of voters or a majority in the entire election | Illinois |
| States requiring supermajority legislative support | 25 states, including 9 requiring three-fifths and 16 requiring two-thirds |
| States requiring majority legislative support | 10 |
| States requiring approval in one legislative session | 36 |
| States requiring approval in two legislative sessions | 13 (4 requiring a simple majority and 9 requiring a supermajority) |
| States with citizen-initiated amendment processes | 18 (Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota) |
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What You'll Learn
Two-thirds majority in both houses of Congress
The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution grants the authority to amend it, and this power stems from Article V of the Constitution itself.
A two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. This means that for an amendment to be proposed, two-thirds of both chambers of Congress must vote in favour of it. This is a high bar to clear, as it requires a significant level of consensus among lawmakers, ensuring that any changes to the Constitution are carefully considered and broadly supported.
Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process, as outlined in 1 U.S.C. 106b. The Archivist has delegated many of the administrative duties associated with this function to the Director of the Federal Register.
It is important to note that neither Article V of the Constitution nor Section 106b provide a detailed description of the ratification process. However, once the Office of the Federal Register (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. This certification confirms that the amendment has become an official part of the Constitution and is then published in the Federal Register.
Securing a two-thirds majority in both houses of Congress is a significant challenge and underscores the careful approach taken to amending the Constitution. This process ensures that any changes to the foundational document of the United States are thoroughly vetted and supported by a supermajority in both chambers.
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Ratification by three-quarters of state legislatures
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment can be proposed by 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.
Once an amendment is proposed, it must be ratified, or approved, by three-quarters of state legislatures, or 38 out of 50 states. This process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services.
The specific process for ratification can vary across states. Some states require amendments to be approved by a majority of legislators, while others require supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions.
In certain states, amendments can be ratified through citizen-initiated processes. These processes may involve collecting citizen signatures or through constitutional conventions. For example, Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.
Overall, the process of amending the US Constitution is deliberately difficult and time-consuming, requiring broad support across a significant number of states.
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Citizen-initiated amendments
The authority to amend the US Constitution is derived from Article V of the Constitution. There are two ways to propose an amendment:
The process for citizen-initiated amendments varies by state. For example, Massachusetts requires amendment supporters to obtain signatures equal to 3% of the votes cast in the last gubernatorial election. Other states, such as Colorado, have a geographic distribution requirement for signature collection, requiring signatures from a certain percentage of registered voters in every state senate district.
Once a citizen-initiated amendment is on the ballot, the requirements for passage vary. In Illinois, an amendment can be approved by either three-fifths of voters on the amendment or a majority of voters participating in the entire election. In Nevada, citizen-initiated amendments must clear a higher hurdle—they must be approved by a majority of voters in two consecutive elections.
While citizen-initiated amendments are less common than legislatively-referred amendments, they can be an important tool for citizens to directly participate in the amendment process and shape their state's constitution.
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State constitutional conventions
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed by 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 (34 out of 50 states). While the former method has been used to propose 27 amendments, of which 23 have been ratified, the latter method has never been used.
James Madison, often referred to as the "Father of the Constitution," expressed concern about the lack of detail regarding how the convention amendment process would work, stating that "difficulties might arise as to the form" a convention would take. He was opposed to an Article V convention to consider adding a bill of rights to the Constitution, fearing unintended consequences.
Law Professor emeritus William A. Woodruff has pointed out that Madison's concerns were justified, as the 1787 convention ignored the instructions of their state legislatures. There are no restrictions on the scope of constitutional amendments in Article V, and the courts generally leave such "political questions" to the elected branches. As a result, a convention could be influenced by powerful interest groups and make radical and harmful changes to the Constitution.
In recent years, several states have considered calling for a constitutional convention to propose amendments to require a balanced federal budget and limit federal authority. However, the potential risks and unpredictability of such a convention have been noted by prominent jurists and legal scholars.
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Voter ratification
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, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it is sent to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes and publishes the amendment in slip law format. The OFR also creates an information package for the states, which includes formal "red-line" copies, as well as copies of the joint resolution.
After Congress proposes an amendment, the Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. Once the OFR receives the required number of authenticated ratification documents (38 out of 50 states or three-fourths of the states), it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
At the state level, the process of amending state constitutions varies. While most states require voter ratification of proposed amendments, the specific requirements differ. Some states require majority support, while others mandate supermajority approval, with varying thresholds. Additionally, some states allow for citizen-initiated amendments through signature petitions or constitutional conventions.
In summary, amending the US Constitution involves a complex process that originates with a two-thirds majority proposal in Congress, followed by state ratification, with the majority of states needing to approve for the amendment to become valid. At the state level, the amendment process can include voter ratification, with varying requirements, and citizen-initiated amendments through different mechanisms.
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Frequently asked questions
The US Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. Following this, three-fourths of the states (38 out of 50) must ratify the proposed amendment for it to become part of the Constitution.
No, the requirements vary across states. While most states require a simple majority vote, some states like Nevada require a supermajority of voters to approve amendments. Additionally, 18 states allow for initiated constitutional amendments through citizen signature petitions.
There are generally four ways to propose amendments: legislatively referred constitutional amendments, initiated constitutional amendments through citizen petitions, constitutional conventions, and automatic ballot referrals.
The frequency varies by state. In some states, ballot measures for constitutional conventions appear automatically every 10 or 20 years. In other states, the state legislature can place a question about holding a convention on the ballot.
Yes, every state except Delaware requires voters to ratify proposed state constitutional amendments. The specific requirements for voter ratification vary, with some states requiring a simple majority and others needing a higher supermajority threshold.
