Who Approves Constitutional Amendments In Your State?

The process of amending state constitutions in the US varies across different states. State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. The legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration. However, the requirements for legislative approval differ, with some states requiring a simple majority, while others mandate supermajority legislative support. Additionally, some states require legislative approval in a single session, while others need approval in one or two consecutive sessions. Citizen-initiated amendments are also possible in several states, with varying levels of support required for ratification.

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State legislatures generate most amendments

State legislatures are responsible for generating and approving most constitutional amendments. The U.S. Constitution has only been amended 27 times, whereas state constitutions have been amended around 7,000 times, with varying frequencies across states. State legislatures generate more than 80% of these amendments, which are then considered and approved annually.

The process for amending state constitutions varies across states. Some states require amendments to secure the backing of a simple 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. The path of approval by a majority vote in a single session is the simplest and is available in 10 states. Twenty-five states have a higher threshold, with 16 requiring a two-thirds vote and nine requiring a three-fifths vote.

Beyond state legislatures, there are other avenues for proposing constitutional amendments. Eighteen states allow for initiated constitutional amendments, which are placed on the ballot through citizen signature petitions. Citizen-initiated amendments make up fewer than 20% of all amendments adopted each year, and they must typically be ratified by a simple or supermajority of voters, depending on the state. Four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election.

In addition to legislative and citizen-initiated amendments, constitutional conventions are another mechanism for proposing amendments. Forty-four states have laws outlining how a constitutional convention can be called. Some states automatically place a ballot measure asking voters to approve or disapprove of holding a convention every 10 or 20 years. In other states, the state legislature can place this question on the ballot, with varying requirements for the percentage of the legislature that must vote in favour.

Citizen-initiated amendments

State constitutions in the US are much easier to modify than the federal Constitution and are amended regularly. State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. However, citizen-initiated amendments are also possible in many states.

To initiate the process of amending a state constitution, proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state. This minimum number varies depending on the state and the type of initiative. For example, in Mississippi, there is a signature distribution requirement based on congressional districts. Once the minimum number of signatures is received, the initiative may be placed on the ballot.

After an initiative qualifies for the ballot, it generally has to be ratified by a simple majority of voters in most states and by a supermajority in several states. However, Nevada has an additional requirement that citizen-initiated amendments must be approved by a majority of voters in two consecutive elections. Citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted annually across the country. However, they are considered at a particularly brisk pace in some states, such as California and Colorado.

Amendments via constitutional conventions

The process of amending the US Constitution is outlined in 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 process does not involve the President and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

Alternatively, amendments can be proposed via constitutional conventions, also referred to as Article V Conventions. This method has never been used, but it allows for two-thirds of state legislatures (34 out of 50) to call for a convention to propose amendments. These amendments become law only after ratification by three-fourths of the states (38 out of 50).

State constitutional conventions were historically common, with over 230 assembling in the US. They were called to frame inaugural state constitutions or to replace, revise, or adopt piecemeal amendments to existing constitutions.

In 1949, six states—California, Connecticut, Florida, Maine, New Jersey, and North Carolina—applied for a convention to propose an amendment to enable the participation of the US in a world federal government. Several other states introduced or debated the same proposal. While this attempt was not successful, it demonstrates the potential for states to initiate the amendment process through constitutional conventions.

The process of amending state constitutions varies and is generally more accessible than amending the federal Constitution. State legislatures generate more than 80% of constitutional amendments approved each year, with some requiring majority or supermajority legislative support. Additionally, certain states allow amendments to be approved by a majority of voters in an election or through citizen-initiative processes.

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Ratification by the Archivist of the U.S

The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Archivist, as the head and chief administrator of the National Archives and Records Administration (NARA), ensures that the constitutional amendment process is upheld with integrity and that any changes to the Constitution are carried out in accordance with the law.

Once Congress proposes an amendment, the Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor. The governors then formally submit the amendment to their respective state legislatures or call for a convention, depending on what Congress has specified. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action, which is immediately conveyed to the Director of the Federal Register.

The Office of the Federal Register (OFR) examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation. The OFR also adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.

When the OFR verifies that it has received the required number of authenticated ratification documents (from three-fourths of the states, or currently 38 out of 50 states), it drafts a formal proclamation for the Archivist to certify 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 has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.

Delaware: an exception

The process of amending a state constitution varies across the United States. While the federal constitution has been amended only 27 times, state constitutions have been amended around 7,000 times. State legislatures generate more than 80% of constitutional amendments that are considered and approved each year. Typically, state constitutional amendments are 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.

The Delaware Constitution is an exception to the typical state constitutional amendment process. It is the fourth and current governing document for the Delaware state government and has been in effect since its adoption on 4 June 1897. The Delaware Constitution is unusual in that the legislature has the authority to amend it without a referendum. This means that Delaware is the only state in the country that does not require popular approval to adopt constitutional amendments. The state also does not allow initiatives or referendums at the state or local level.

Article XVI, Section 1 of the Delaware Constitution provides that the Delaware General Assembly can amend the constitution without a vote of the people. For the Delaware legislature to amend the constitution, two-thirds of all the members elected to each chamber must vote in favour of a proposed amendment. The Delaware Secretary of State must then publish the proposed amendment(s) three months before the next general election in at least three newspapers in each county. Following this, the subsequent General Assembly votes again on the proposed amendment(s). If an amendment receives a two-thirds majority approval of all members of each chamber, it becomes part of the constitution.

While the people of Delaware do not vote directly on constitutional amendments, they are notified of proposed amendments through newspaper publications. They may express their views and influence the process by voting for or against legislators who are seeking to amend the constitution. Delaware has also held conventions on specific issues, such as the 1853 convention on slavery, which produced a constitution that was ultimately rejected by voters.

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