Jonah Patel
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. 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 the state legislatures. Once an amendment is proposed, the Archivist of the United States administers the ratification process, which involves sending the proposed amendment to the states for approval. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). In recent news, Utah voters passed two constitutional amendments, Amendments B and C, in the November 2024 election. These amendments will take effect on January 1, 2025. Additionally, there are various types of propositions or props that can be placed on ballots, including legislative propositions, initiatives, and referendums, which may propose constitutional amendments or statutory changes. For example, Prop 12 is being reviewed by the Supreme Court for its potential violation of the Constitution, while Arizona's Prop 309 proposes new voter identification requirements.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment submission | The amendment is formally submitted to the State legislatures by the Governors |
| Amendment ratification | A proposed amendment becomes part of the Constitution when ratified by three-fourths of the States (38 of 50 States) |
| Amendment process | The Archivist of the United States administers the ratification process |
| Amendment implementation | Amendments become effective on a specified date, e.g., Amendment B and C in Utah will take effect on January 1, 2025 |
| Amendment types | Props can be initiatives, referendums, or legislative propositions |
| Amendment scope | Amendments can address various issues, such as voter identification requirements, tax allocation, law changes, or constitutional changes |
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What You'll Learn
The process of amending the US Constitution
The second method is that a constitutional convention can be called for by two-thirds of the State legislatures. However, in practice, all 27 amendments to date have been proposed by Congress, with none proposed by constitutional convention. Once an amendment is proposed, the Archivist of the United States, who heads the NARA, is responsible for administering the ratification process.
The OFR plays a crucial role in this process. It examines ratification documents for legal sufficiency and authenticating signatures. Once the OFR receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment has been adopted and is now part of the Constitution.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). This can be achieved through the individual State legislatures or by calling for a convention, depending on the instructions from Congress. Once an amendment is ratified, it becomes an integral part of the Constitution and cannot be easily changed or revoked.
The Constitution's Ratification: Amendments' Impact
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State legislatures' role in the amendment process
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 lies with Congress, which proposes amendments with a two-thirds majority vote in both the House of Representatives and the Senate.
State legislatures play a crucial role in this process. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), submits the proposed amendment to the states for their consideration. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register (OFR). The OFR 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.
The Governors then formally submit the amendment to their State legislatures, which decide whether to ratify it. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
State legislatures generate more than 80% of constitutional amendments considered and approved annually across the country. While the requirements vary, some states require amendments to secure the backing of a majority of legislators, while others need supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions.
Furthermore, citizens can also initiate constitutional amendments through a process called the constitutional initiative. In most states, once these citizen-initiated amendments meet the signature and legal requirements, they are placed on the ballot without requiring the legislature's approval. However, in Massachusetts, citizen-initiated amendments must secure the support of one-fourth of the members of the legislature in two consecutive sessions before appearing on the ballot. Once on the ballot, these amendments are typically ratified by a simple majority of voters, although some states, like New Hampshire, Florida, and Colorado, require a supermajority threshold.
Amending the Constitution: Who Holds the Power?
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Utah's Amendment C: Establishing the role of county sheriff
Utah's Amendment C, also known as the Elections of County Sheriffs Amendment, was on the ballot in Utah as a legislatively referred constitutional amendment on November 5, 2024. The amendment sought to establish the role of county sheriff as an elected position, serving four-year terms, in the state constitution. This meant that voters in Utah would have the power to choose their county sheriff, who serves as the chief law enforcement officer in their community.
Prior to the amendment, Utah state law already mandated the election of county sheriffs. However, by elevating this requirement to the state constitution, Amendment C aimed to protect and ensure the election of county sheriffs in perpetuity. This change was proposed by Republican State Representative Brad R. Wilson, who believed that voters should have a say in selecting their county's top law enforcement official. The amendment was approved unanimously in the Utah State Senate and House of Representatives, demonstrating its widespread support among lawmakers.
The passage of Amendment C aligns with the practices of most other states in the country. Except for Alaska, which does not have counties, and Connecticut, which replaced its sheriffs with state and judicial marshals in 2000, the vast majority of states elect their county sheriffs. This makes the county sheriff one of the few law enforcement positions in the nation that is directly chosen by the people.
The approval of Amendment C in Utah highlights the importance placed on public engagement and accountability in law enforcement. By involving voters in the selection process, the amendment strengthens the connection between communities and their law enforcement leaders. This can lead to increased trust and collaboration, ultimately enhancing the effectiveness of public safety efforts.
While some may argue that the amendment is an unnecessary change, as the existing law already ensured the election of county sheriffs, the protection it offers under the state constitution reinforces the stability and continuity of this practice. The success of Amendment C in Utah underscores the value of democratic processes in shaping the role and responsibilities of key officials, particularly those responsible for public safety and security.
The 22nd Amendment: Presidential Term Limits Explained
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Dallas' Prop A: Raising hotel taxes for redevelopment
Dallas Prop A: Raising hotel taxes for redevelopment
Dallas Proposition A, or Prop A, asks voters whether to raise the rate of hotel occupancy taxes collected from customers who rent rooms from hotels, motels, and short-term rentals in the city from 13% to 15%. The 2% increase is expected to generate $1.5 billion over 30 years, which will be used to fund redevelopment projects, including a new downtown convention center and the renovation of six Fair Park venues: the Cotton Bowl, Coliseum, Automobile Building, Band Shell, Centennial Building, and Music Hall.
The proposition has garnered support from various prominent figures and organizations, including Mayor Eric Johnson, former U.S. Sen. Kay Bailey Hutchison, and the Hotel Association of North Texas. The current convention center has significant maintenance needs, and the proposition aims to address these issues while also revitalizing the area and potentially increasing tourism-related revenue.
If Prop A is approved by voters, the city of Dallas will be legally bound to use the additional tax revenue solely for the designated projects. This restriction is a standard procedure for constitutional amendments, ensuring that the funds are utilized for their intended purpose. The process of amending the constitution involves proposing an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states.
The Dallas Prop A is an example of how constitutional amendments can be utilized to address specific issues and allocate funds for targeted initiatives, in this case, focusing on the redevelopment of the city's convention center and surrounding areas.
Amendments: Their Home in the North Carolina Constitution
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Arizona's Prop 309: Requiring photo ID for voting
Arizona's Proposition 309, also known as the Arizonans for Voter ID Act, proposes to require a photo ID for in-person voting and an affidavit for mail-in ballots. Backers of the proposition argue that it will help restore voter confidence in election integrity by ensuring that only legal votes are accepted and counted. They believe it is necessary to protect people's information, confirm identity, and keep consumers safe.
Proposition 309 has been supported by various groups, including the Arizona Free Enterprise Club, the Arizona Republican Party, the Goldwater Institute, the Election Transparency Initiative, America First Policy Institute, and Arizonans for Voter ID. The proposition aims to address the "utility loophole" in the current law, which allows for a “disparate requirement of ID" for in-person and mail-in voting. Currently, Arizona is one of 35 states that require some form of voter ID at the polls.
Under Proposition 309, voters who cast their ballots in person would no longer be able to present an alternative to photo ID. Acceptable forms of photo ID include a driver's license, passport, or tribal ID with a photo. For those without an address on their ID, additional documentation with their address would be required. The Arizona Department of Transportation would be responsible for issuing free non-operating licenses to individuals who need them for voting purposes.
For mail-in voting, Proposition 309 would require voters to include their date of birth and a voter ID number, such as a driver's license number, government-issued ID number, or the last four digits of their social security number, in addition to their signature on the affidavit. This measure is designed to apply an objective standard of written identification and ensure the integrity of the voting process.
Critics of Proposition 309 argue that it will create unnecessary barriers for certain voters, particularly tribal members, elderly voters, and young voters who may face challenges in obtaining or updating their IDs. They claim that the proposition is a solution to a non-existent problem and will only make it more difficult for some individuals to exercise their constitutional right to vote. County recorders in Arizona have also expressed their opposition to the proposition, stating that it does not add any value to the election process and is based on lies about voter fraud in the state.
Amendments: Expanding Our Constitutional Rights
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Frequently asked questions
Props are initiatives placed on a ballot by petition. There are various kinds of props, including legislative propositions, which are placed on the ballot by the legislature and permitted by all states.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. 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 ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution.
Utah voters recently passed two constitutional amendments: Amendment B, which changes the limit of distributions to Utah schools, and Amendment C, which establishes the office and term of a county sheriff.
Yes, amendments can be rejected or rescinded by the states. In the case of Amendment C in Utah, it was already voted on and passed by the state, but it will not take effect until January 1, 2025.
If a prop is found to conflict with a constitutional amendment, it may be reviewed by the courts and potentially deemed unconstitutional. For example, Prop 12 is currently being reviewed by the Supreme Court as it is argued to violate the Constitution's "dormant commerce clause".
