Jonah Patel
Amending a state constitution is a complex and time-consuming process that varies across different states. While the U.S. Constitution has only been amended 27 times, state constitutions are amended more frequently, with over 7,000 amendments across all 50 states. The specific requirements for amending a state constitution depend on the state in question, with some states allowing for citizen-initiated amendments through signature petitions or constitutional conventions, while others require legislative approval and voter consideration. Understanding the unique processes and requirements for each state is essential for successfully amending their respective constitutions.
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What You'll Learn
A two-thirds majority vote in both the House of Representatives and the Senate
Amending a state constitution is a complex and time-consuming process. The United States Constitution, for example, has only been amended 27 times since it was drafted in 1787. In contrast, state constitutions are amended more frequently, with the current 50 state constitutions having been amended around 7,000 times.
One of the ways to propose an amendment to the Constitution is through a two-thirds majority vote in both the House of Representatives and the Senate. This process is outlined in Article V of the Constitution, which states that "The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution". This means that for an amendment to be proposed, it must first be approved by at least two-thirds of the members present in both the House of Representatives and the Senate. It is important to note that this is a vote of the members present and not the entire membership of both chambers.
Once an amendment is proposed through this process, it then needs to be ratified by the states. There are two methods for states to ratify amendments, as outlined in Article V. The first method requires ratification by three-fourths of the state legislatures, while the second method involves ratification by three-fourths of state ratifying conventions, with Congress determining the method to be followed. This means that an amendment must be approved by at least 38 out of 50 states through one of these two methods.
The process of amending the Constitution through a two-thirds majority vote in both the House of Representatives and the Senate is a challenging task. It requires significant support and consensus in both chambers, followed by the approval of a large majority of states. This ensures that any changes made to the Constitution are carefully considered and broadly supported.
While the process of securing a two-thirds majority vote in both chambers is challenging, it is not the only path to proposing constitutional amendments. States also play a significant role in the amendment process, with the option of initiating amendments through citizen-led processes or legislative action. These processes vary by state, with some requiring supermajority support and others allowing for approval by a simple majority in a single legislative session. Additionally, in some states, citizens can propose amendments through signature petitions, with the requirements varying across states. Overall, the process of amending the Constitution is designed to be deliberate and rigorous, ensuring that any changes made are thoroughly vetted and reflect the will of the people.
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Ratification by three-fourths of the state legislatures
Amending a state constitution is a much easier process than amending the federal Constitution. While the US Constitution has been amended only 27 times, state constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times.
The process of amending a state constitution varies from state to state, but there are some commonalities. In most states, amendments can be proposed by the state legislature, citizens, conventions, or commissions. Legislatures generate more than 80% of constitutional amendments that are considered and approved each year.
For an amendment to be ratified by three-fourths of state legislatures, it must first be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other supporting documents.
Once an amendment has been proposed by Congress, it is then sent to the states for ratification. To be ratified by three-fourths of the state legislatures, an amendment must be approved by a three-fourths vote in both houses of the legislature in three-fourths of the states (38 out of 50 states). This can be done in a single legislative session or in two successive legislative sessions, depending on the requirements of each state. In some states, such as Massachusetts, a proposed amendment must earn a certain number of positive votes in a joint session of both houses of the legislature.
After an amendment has been ratified by the required number of states, the states send an original or certified copy of the ratification to the Archivist of the United States, who heads the NARA. The NARA examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director of the Federal Register acknowledges receipt and maintains custody of them until the amendment is adopted or fails. Once an amendment is adopted, the ratification documents are transferred to the National Archives for preservation. The Archivist then certifies that the amendment is valid and has become part of the Constitution, which is published in the Federal Register and U.S. Statutes at Large.
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Citizen-initiated amendments
The process typically involves proponents of a ballot initiative collecting petition signatures from a certain minimum number of registered voters in a state. This minimum number varies by state and can be based on the number of votes cast in the last gubernatorial election or a percentage of the total number of registered voters. Some states, like Arizona and Oklahoma, have higher requirements, while others, like Massachusetts, set the bar lower. Once the required number of signatures is collected, the amendment is placed on the ballot for voter consideration.
In some states, the process may involve presenting the proposed amendment to the state legislature first, which can then take various actions. For example, in Massachusetts, a proposed amendment must earn support from 25% of the members of the Massachusetts General Court (a total of 50 positive votes) in two successive legislative sessions for it to go on the ballot.
The number of states that allow citizen-initiated amendments highlights the accessibility of amending state constitutions compared to the federal Constitution. While the process varies by state, citizen-initiated amendments provide a pathway for citizens to have a direct impact on the laws that govern them.
It is worth noting that citizen-initiated amendments make up a small proportion of the total amendments adopted each year. Additionally, the specific requirements and processes for citizen-initiated amendments can be complex and are subject to change, as seen in Mississippi's recent ruling regarding its constitutional initiative process.
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Amendments crafted by state legislatures
State legislatures generate more than 80% of constitutional amendments considered and approved across the country each year. State legislatures can amend the text of an initiated constitutional amendment through a three-fourths vote in a joint session. Legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration. Delaware is the exception, with its legislature voting on constitutional amendments but not requiring voter approval.
Most states (36 out of 49) require legislatures to approve amendments during one legislative session. An additional four states require amendments to be passed during one or two successive legislative sessions, depending on whether the amendment receives a simple majority or a supermajority. The remaining nine states require legislatures to approve amendments twice—once during one legislative session and then again during the next legislative session.
Some states require that amendments secure the backing of a majority of legislators, while others require supermajority legislative support. States also differ in whether they require legislative support to be expressed in a single session or two consecutive sessions. The simplest route to legislative approval of amendments is to permit approval by a majority vote in a single session, which is available in 10 states.
In Massachusetts, 25% of the members of the Massachusetts General Court must support a proposed amendment in two successive legislative sessions for it to go on the ballot. There are 40 members of the Massachusetts State Senate and 160 in the House of Representatives, so a proposed amendment must earn 50 positive votes. The proposed amendment does not need to earn a 25% vote from both chambers, but rather from a joint session.
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Amendments crafted by commissions
Amending a state constitution typically requires voter approval, with the exception of Delaware, which does not require voter approval for constitutional amendments. The process of amending a state constitution can vary depending on the state, and there are generally four ways that proposed amendments can be put on the ballot:
The process of amending a state constitution can involve the work of commissions, which are groups of individuals appointed to recommend and craft specific amendments. These commissions may consist of former members of Congress, state legislators, and other experts or stakeholders. Commissions provide a deliberative process that allows for careful consideration and input from various perspectives. This helps ensure that amendments are well-informed, thoroughly vetted, and aligned with the interests of the state and its citizens. The work of commissions can also extend beyond the amendment process, as they may be involved in implementing and overseeing the impact of the amendments they helped craft.
The role of commissions is particularly notable when it comes to addressing complex or contentious issues that require a nuanced approach. By involving individuals with diverse expertise and experiences, commissions can navigate the challenges inherent in amending a state constitution. They serve as a valuable resource for state legislatures and play a critical role in shaping the direction of the amendment process.
The establishment of commissions reflects a recognition of the importance of thoroughness, collaboration, and representation in the amendment process. Commissions provide a platform for diverse voices to be heard and facilitate a more inclusive approach to decision-making. This helps build public trust and ensures that a wide range of perspectives are considered, thereby enhancing the legitimacy of the amendment process.
Commissions play a vital role in the amendment process by providing expertise, promoting deliberation, and fostering inclusivity. Their work helps ensure that amendments are carefully crafted, responsive to the needs of citizens, and reflective of the values and priorities of the state. Through their contributions, commissions help shape the direction of policy and strengthen the foundation of state constitutions.
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Frequently asked questions
An amendment is a change or addition to the constitution.
States offer multiple paths for amending their constitutions, which are generally easier to change than the federal Constitution. The legislatures of 49 states vote on constitutional amendments in order to refer them to the ballot for voter consideration.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Congress, with a two-thirds majority vote in both the House of Representatives and the Senate, proposes an amendment. The Archivist of the United States is responsible for administering the ratification process. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states.
Requirements vary by state. Some states require amendments to be approved by a majority of voters in the entire election, while others require supermajority legislative support. Some states also have signature-collection requirements tied to the number of votes cast in the last gubernatorial election.
