Simone Lawson
The process of amending a constitution varies across different nations and states. In the United States, Article V of the Constitution outlines two methods for proposing and ratifying amendments. The first method involves the proposal of an amendment by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures. For an amendment to be ratified, it must be approved by three-fourths of the states (38 out of 50). Individual states may have their own unique processes for proposing and approving amendments, with some requiring majority support and others demanding a supermajority legislative vote.
| Characteristics | Values |
|---|---|
| Majority required in the House of Representatives and the Senate | Two-thirds |
| Number of states required to ratify an amendment | 38 out of 50 (three-fourths) |
| Number of states requiring majority approval of voters in the entire election | 4 (Hawaii, Minnesota, Tennessee, and Wyoming) |
| Number of states allowing approval of amendments by a majority vote in a single session | 10 |
| Number of states requiring supermajority legislative support | 25 |
| Number of states requiring a three-fifths vote | 9 |
| Number of states requiring a two-thirds vote | 16 |
| Number of states allowing citizen-initiated amendments | 17 |
| Number of states requiring majority approval of voters in two consecutive elections | 1 (Nevada) |
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What You'll Learn
Two-thirds majority in Congress
The authority to amend the Constitution of the United States is derived from 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 is known as a joint resolution. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process. Since 1985, the Archivist of the United States and the Director of the Federal Register have followed procedures and customs established by the Secretary of State and the Administrator of General Services.
Congress has used Article V's procedures to propose thirty-three constitutional amendments. Twenty-seven of these have been ratified by the states, including the first ten amendments, known as the Bill of Rights. The remaining six constitutional amendments proposed by Congress have not been ratified by the states.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR verifies that it has received the required number of authenticated ratification documents, then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.
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Three-fourths of states
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments: through Congress or a constitutional convention. Once an amendment is proposed, it must be ratified by either three-fourths of state legislatures or three-fourths of state ratifying conventions, as determined by Congress. This requirement of a three-fourths majority ensures that any changes to the nation's foundational document reflect broad consensus across the country.
To understand this further, let's delve into the two methods of proposing amendments. The first method is through Congress, where a proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate. This process bypasses the President, as the joint resolution is sent directly to the National Archives and Records Administration (NARA) for processing and publication. The second method is through a constitutional convention, which has never been used to propose any of the 27 amendments to the Constitution. This method is initiated by two-thirds of state legislatures, who call for a convention to propose amendments.
The ratification process, facilitated by the Archivist of the United States and the Director of the Federal Register, follows established procedures. Once the required number of states, which is currently 38 out of 50, ratifies an amendment, the Archivist certifies its validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
While the process for amending the US Constitution is stringent and rarely utilised, it provides a mechanism for necessary changes to be made. The requirement of a three-fourths majority ensures that any amendments reflect the will of a significant portion of the country, protecting the interests of individual states and safeguarding against hasty or partisan changes to the Constitution.
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State legislatures
The process of amending the US Constitution is outlined in Article V of the Constitution. While Congress proposes most amendments, state legislatures play a crucial role in this process. There are two methods for proposing amendments: through Congress or by a constitutional convention.
In the case of citizen-initiated amendments, which are allowed in 18 states, they generally must be ratified by a simple majority of voters, though some states require a supermajority. State constitutional conventions, which were historically common, can also be used to propose amendments, requiring a majority legislative vote in most states and a supermajority in others.
The specific procedures for amending state constitutions vary across states. For instance, California offers three methods: legislative, convention, or voter initiative. The legislative method demands a two-thirds supermajority in each house, while the convention method requires a two-thirds supermajority to put the question of a convention to voters. Amendments proposed through the legislative or convention methods in Tennessee must be approved by a majority of voters in a referendum. Alabama and Alaska require a simple majority vote of 50% plus one for voters to approve constitutional amendments.
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Voter ratification
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. While the President does not have a constitutional role in this process, the Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
The process of voter ratification of constitutional amendments varies across different states. Some states require a simple majority of voters to approve an amendment, while others mandate a supermajority or three-fifths support. For instance, Alabama, Alaska, and Arizona require a simple majority vote (50% plus 1) for voters to ratify constitutional amendments. In contrast, Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections, setting a higher bar.
Four states, namely Hawaii, Minnesota, Tennessee, and Wyoming, require amendments to be ratified by a majority of voters in the entire election. Abstentions from voting on an amendment in these states are effectively treated as no votes. Illinois offers a flexible approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.
Additionally, 17 states provide an alternative route for enacting amendments through citizen-initiative processes. However, the specific requirements for these citizen-initiated amendments vary, as illustrated by the recent ruling in Mississippi regarding the number of congressional districts from which signatures must be collected.
The variation in voter ratification processes across states underscores the importance of understanding the specific procedures and requirements in each state when seeking to amend the constitution through popular vote.
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Supermajority legislative support
The process of amending a constitution varies across different countries and states. In the United States, Article V of the Constitution outlines the procedures for amending it. While it does not describe the ratification process in detail, it sets forth two methods for states to ratify amendments.
The first method involves the Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The second method involves a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
State legislatures generate more than 80% of constitutional amendments approved each year. The requirements for legislatures to craft amendments vary among states. Some require a simple majority of legislators, while others mandate supermajority legislative support. For instance, California requires an absolute supermajority of two-thirds of the membership of each house for the legislative method of amending its constitution. In contrast, 10 states allow amendments by a majority vote in a single session, and 25 states require a supermajority legislative vote in a single session, with nine demanding three-fifths and 16 requiring two-thirds.
Some states, like Alabama, Alaska, and Arizona, require a simple majority vote (50% plus 1) for voters to approve constitutional amendments. On the other hand, four states, including Hawaii and Minnesota, necessitate approval by a majority of voters in the entire election. Illinois offers a combination, allowing amendments with support from three-fifths of voters or a majority of voters in the entire election.
Conventions continue to offer a path for amending state constitutions, requiring a majority or supermajority legislative vote to call a convention referendum. A referendum on calling a convention may also be triggered by popular initiative in some jurisdictions.
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Frequently asked questions
A proposed amendment becomes part of the US Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
There are three methods for proposing an amendment to the California State Constitution: by the legislature, by constitutional convention, or by voter initiative. A proposed amendment must be approved by a majority of voters. With the legislative method, a proposed amendment must be approved by an absolute supermajority of two-thirds of the membership of each house.
There are two methods for proposing amendments to the New York Constitution. All proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, an amendment proposal must be published for three months, then approved by an absolute majority of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening.
Amendments to the Tennessee State Constitution can be proposed through the legislature or by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment with an absolute majority on three separate readings.
