Simone Lawson
There are several ways to amend a state constitution in the United States. The most common method is through legislatively referred constitutional amendments, where state legislatures propose changes that are then put before voters for ratification. Citizen-initiated amendments are also possible in some states, where citizens can gather signatures to place an amendment proposal on the ballot. Additionally, constitutional conventions, where delegates meet to discuss and propose changes, have been used in the past but are less common today. Court rulings can also impact state constitutions, with federal and state courts having the power to declare amendments null and void if they conflict with existing laws. Each state has its own requirements and processes for amending its constitution, and the specific methods vary.
| Characteristics | Values |
|---|---|
| Voter ratification | Required by all states except Delaware |
| Total number of constitutional amendments proposed and put before voters (2006-2024) | 1,244 |
| Total number of approved changes to state constitutions (2006-2024) | 891 |
| Number of ways to propose constitutional amendments | 4 |
| Legislatively referred constitutional amendments | Allowed in most states |
| Initiated constitutional amendments | Allowed in 18 states |
| Constitutional conventions | Allowed in 14 states, including Hawaii and Idaho |
| Citizen signature petition | Allowed in 17 states, including Arizona, Oklahoma, and Massachusetts |
| Percentage of signatures required in Arizona and Oklahoma | 15% of votes cast in the last gubernatorial election |
| Percentage of signatures required in Massachusetts | 3% of votes cast in the last gubernatorial election |
| Number of states with geographic distribution requirements for signature collection | 26 |
| States with the easiest route to legislative approval of amendments | 10 |
| Minimum number of votes required in the Arkansas House of Representatives to place a constitutional amendment on the ballot | 51 |
| Minimum number of votes required in the Arkansas State Senate to place a constitutional amendment on the ballot | 18 |
| Number of amendments to the U.S. Constitution since its drafting in 1787 | 27 |
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What You'll Learn
Legislatively referred constitutional amendments
The legislative rules and procedures for changing state constitutions through a referred ballot measure vary from state to state. For example, in Pennsylvania, when voters reject a proposed constitutional amendment, the same amendment cannot be referred to voters for at least five years. In Maryland, a constitutional amendment affecting a specific jurisdiction must be approved statewide and in the specific jurisdiction. In Arkansas, Illinois, Kansas, and Kentucky, legislatures cannot refer more than a certain number of constitutional amendments to the ballot.
The trifecta status of a state government can also affect the frequency with which the state legislature adds measures to the ballot. For example, a legislature with both branches controlled by one party can more easily approve constitutional amendments. The governor does not have a direct role in approving constitutional amendments for the ballot, but their support or opposition can play an indirect role.
To place a legislatively referred constitutional amendment on the ballot, most states require a two-thirds supermajority vote in one session of the state's legislature. Some states require a simple majority in two separate legislative sessions, or a supermajority vote of one session.
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Citizen-initiated constitutional amendments
Amending a state constitution is much easier than amending the federal Constitution. There are multiple paths for amending state constitutions, and one common way is through citizen-initiated constitutional amendments.
For an initiated constitutional amendment to be placed on the ballot, proponents of the ballot initiative must collect a certain minimum number of petition signatures from registered voters in a state. The signature requirement varies based on the state and the districts targeted for signature collection. For example, Arizona and Oklahoma have the highest requirement, with amendment supporters needing to collect signatures equal to 15% of the votes cast in the last election for governor. On the other hand, Massachusetts has the lowest requirement at 3%. Some states also have geographic distribution requirements, such as Colorado, which requires signatures from 2% of registered voters in every state senate district.
Once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot. It is important to note that in most states, legislators cannot block a citizen-initiated amendment from appearing on the ballot. However, the requirements in some states, such as Illinois and Mississippi, are difficult and rarely used.
While citizen-initiated amendments are a common way to amend state constitutions, they account for fewer than 2 out of every 10 amendments adopted around the country each year.
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Constitutional conventions
Once a constitutional convention is called, it can propose amendments, which then go on a statewide ballot to be ratified or rejected by the state's voters. This process is similar to that of legislatively referred constitutional amendments, where state legislatures generate over 80% of constitutional amendments considered and approved each year.
In addition to legislatively referred amendments and constitutional conventions, citizen-initiated amendments are also possible in some states. However, citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted annually, and the procedures for qualifying them vary across states.
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Court rulings
Additionally, state court rulings can also lead to changes in state constitutions. State courts have the power to rule that a voter-approved amendment to the state constitution conflicts with other parts of the same constitution or is otherwise unacceptable. In such instances, the state court can order the removal of that amendment. This happened in Perry v. Schwarzenegger, where a lawsuit led to a federal court invalidating a section of the California Constitution.
The impact of court rulings on state constitutions can also be seen in cases where the court interprets the state constitution's provisions. For example, the Florida Supreme Court upheld the state's 2022 congressional map, finding that it did not violate a 2010 amendment protecting voting rights. The Wisconsin Supreme Court also played a role in amending state law by ruling that an 1849 law did not ban abortion in the state due to subsequent legislation.
While court rulings can shape and influence state constitutions, it is important to note that the process of amending state constitutions primarily involves voter ratification of proposed amendments and legislative referral of these amendments to the ballot. Court rulings are just one aspect of the complex and varying processes by which state constitutions are amended.
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State legislature majority votes
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually across the country. The requirements for legislatures to craft amendments vary from state to state. Some require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. Some states require legislative support to be expressed in a single session, while others require two consecutive sessions.
The simplest way to get legislative approval for amendments is to allow a majority vote in a single session, which is possible in 10 states. For example, in Arkansas, a simple majority vote is required during a single legislative session for the state legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Arkansas House of Representatives and 18 votes in the Arkansas State Senate, assuming no vacancies.
In California, two-thirds of the membership of each chamber of the state legislature must propose an amendment, which then goes on a statewide ballot to be ratified or rejected by the state's voters. This is an example of a state that requires supermajority legislative support.
In addition to the legislative route, there are other ways to propose constitutional amendments. These include initiated constitutional amendments put on the ballot through a citizen signature petition, and constitutional conventions. Citizen-initiated amendments make up fewer than 2 out of every 10 amendments adopted across the country each year.
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Frequently asked questions
A common way to amend a state constitution is through a legislatively referred constitutional amendment. This involves the state legislature proposing and voting on an amendment, which is then referred to the ballot for voter consideration.
The specific process may vary between states, but generally, a majority of members in each house of the state legislature must vote in favor of the proposed amendment. The legislature can then put the amendment on a special election ballot, where it is voted on by the citizens of the state.
49 out of 50 states allow for this type of amendment process, with Delaware being the only exception. In Delaware, the legislature votes on constitutional amendments but does not require voter approval.
Yes, there are several other ways to amend a state constitution, including through citizen-initiated amendments, constitutional conventions, and commissions. The availability and specifics of these processes may vary from state to state.
Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can call on Congress to initiate a Constitutional Convention to propose amendments.
