Amendments: How Many States Must Agree?

The United States Constitution is designed to be responsive to the changing needs of the country. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This rigorous process ensures broad support for any changes made to the Constitution and empowers states to have a direct say in the foundational legal document that governs them. While the U.S. Constitution has only been amended 27 times, state constitutions are amended more frequently, with around 7,000 amendments across the 50 states.

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Ratification by three-fourths of states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The Constitution has been amended 27 times, and the process of ratification by three-fourths of states is an important aspect of this process. This process ensures that any changes to the Constitution are carefully considered and widely accepted.

When an amendment is proposed by Congress, it is sent to the states for ratification. Each state's legislature must vote on whether to ratify the amendment, and the process can vary from state to state. Some states require a simple majority vote, while others demand a supermajority or even a vote of the people.

To become part of the Constitution, an amendment must be ratified by three-fourths of the states, which currently equates to 38 out of 50 states. This requirement ensures that any changes to the Constitution reflect the will of a significant majority of the country. Once an amendment has been ratified by the required number of states, the Director of the Federal Register drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution.

The process of ratification by three-fourths of states is designed to be deliberate and rigorous. It ensures that any changes to the Constitution are widely supported and carefully considered. This process also highlights the role of the states in the constitutional amendment process, demonstrating the importance of federalism in the United States' system of government.

While the process of amending the Constitution at the federal level is challenging, state constitutions are amended more frequently and with varying levels of difficulty. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, while other states, such as Tennessee, Kentucky, Indiana, Illinois, and Vermont, amend their constitutions less frequently, averaging once every three to four years.

Congress proposal with a two-thirds majority

The United States Constitution is designed to be a resilient document that can adapt to the changing needs of the country. Amending it is a rigorous and time-consuming process that requires broad support and consensus. The process of amending the Constitution begins in Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. This phase highlights the need for bipartisan support, as any proposed amendment must gain a substantial majority in Congress before moving forward.

The authority to amend the Constitution is derived from Article V of the Constitution itself. While the President does not have a constitutional role in the amendment process, the process typically starts with Congress proposing an amendment in the form of a joint resolution. This resolution is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in this stage, adding legislative history notes to the joint resolution and publishing it in slip law format.

The OFR also prepares an information package for the states, which includes formal "red-line" copies of the joint resolution and other relevant documents. This package ensures that the states have the necessary information to review and consider the proposed amendment. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process, although neither Article V of the Constitution nor the relevant legislation outlines this process in detail.

Once a proposed amendment has gained a two-thirds majority in Congress, it moves to the state ratification phase. This phase involves the legislatures of the states, with the requirement that three-fourths of the states (38 out of 50) must ratify the amendment for it to become part of the Constitution. State ratification is a critical and deliberative step, empowering states to have a direct say in the foundational legal document that governs them. It ensures that amendments reflect a broad consensus and that local voices play a role in shaping national laws.

The process of amending the Constitution, including the requirement of a two-thirds majority in Congress, highlights the importance of widespread agreement and thoughtful consideration in making any changes to the supreme law of the land. It ensures that amendments have broad support and are not just the result of temporary political fixes but rather reflect enduring changes that impact the entire nation.

State constitutional conventions

The process of amending the US Constitution is outlined in Article V of the Constitution. This process involves two steps: proposing an amendment and ratifying it. While 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, only 27 amendments have been successfully added to the Constitution.

An amendment can be proposed by the US Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures (34 states). However, this latter method has never been used. Once an amendment is proposed, it is sent to the states for ratification.

Once a convention is called, any proposed amendments must be ratified by the voters. For example, in Alabama, a simple majority vote of 50% plus one is required for voters to approve constitutional amendments. Similarly, Alaska requires a simple majority vote for ratifying amendments. In contrast, other states, like Hawaii, Minnesota, Tennessee, and Wyoming, require amendments to be approved by a majority of voters in the entire election. Illinois has a unique approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.

In addition to state constitutional conventions, there are other methods for amending state constitutions. These include legislative processes, citizen-initiative processes, and commissions. State legislatures generate over 80% of constitutional amendments approved each year. The requirements for legislatures to craft amendments vary across states. Some states, like Alabama, amend their constitutions frequently, while others, like Tennessee and Kentucky, amend theirs infrequently.

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Citizen-initiative processes

There are 17 states that currently allow citizen-initiative processes to enact amendments, although this number was 18 before Mississippi's process was rendered unusable by a 2021 court ruling. In these states, citizens can propose and vote on constitutional amendments directly, without needing legislative referral. This direct method bypasses the state legislature and places the amendment on the ballot if certain qualifications are met, usually related to signature-gathering, subject matter, and deadlines.

The number of signatures required to qualify an amendment for the ballot varies by state. Arizona and Oklahoma have the highest bar, requiring supporters to collect signatures equal to 15% of the votes cast in the last gubernatorial election. Massachusetts has the lowest threshold 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 and other legal requirements, the amendment is placed on the ballot, and legislators cannot block it. In some states, if the legislature does not approve an initiative, another round of signatures may be required to qualify it for the ballot. If the legislature passes a substantially similar law, it precludes an election on the original proposal.

While no court or legislative approval is needed for a citizen-initiated amendment, they may be overturned if they are challenged and found to be unconstitutional. Most states that permit the process require a two-thirds majority vote.

Legislatures and commissions

Amending the US Constitution is a challenging and lengthy process. The Constitution has only been amended 27 times since it was drafted in 1787, and state constitutions are amended much more frequently. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines two methods of ratifying amendments.

The first method, and the most common, involves state legislatures. This method requires the approval of the legislatures in three-fourths of the states (38 out of 50 states). This process ensures that any changes to the Constitution have widespread support across the country and empowers states to have a direct say in the foundational legal document that governs them. States vary in their requirements for legislatures to craft amendments, with some requiring a simple majority and others demanding a supermajority legislative support. Amendments can be proposed by a majority vote in a single session in 10 states, while 25 states require a supermajority legislative vote in a single session, with nine of these states needing a three-fifths vote, and 16 requiring a two-thirds vote.

The second method involves conventions held in three-fourths of the states. This method has only been used once for the ratification of the 21st Amendment, which repealed Prohibition. This option allows states to reflect the will of their constituents directly, and the Supreme Court ensures that this process is constitutional.

In addition to these methods, there are also citizen-initiative processes for enacting amendments in 17 states, including Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota. These processes often involve signature-collection requirements tied to the number of votes cast in the last gubernatorial election. Arizona and Oklahoma have the highest bar, requiring 15% of the votes, while Massachusetts has the lowest threshold at 3%. Some states, like Florida, also have commissions that are authorized to propose amendments, such as the Florida Taxation and Budget Reform Commission and the Constitution Revision Commission, which convene every 20 years.

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