Constitutional Limit One: Passing Percentage Explained

The requirements for passing constitutional amendments vary across different states in the US. For instance, in Minnesota, a simple majority approval from all voters is required to pass a constitutional amendment, whereas in Tennessee, an amendment must earn a majority of those voting on it as well as a majority of all the citizens of the state voting for governor.. In Florida, a 60% vote is required for constitutional amendments, but this increases to a two-thirds vote (66.67%) for amendments proposing new state taxes or fees. In Washington, a 60% supermajority approval is needed for ballot initiatives on lotteries, but a simple majority is sufficient for other questions.

Explore related products

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Legal Guide for Police: Constitutional Issues

$31.78 $54.95

The United States Constitution: with Amendments (XXVII)

$0.99 $3.99

War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath

$58 $58

The Law Officer’s Pocket Manual, 2023 Edition

$21.99 $42.99

The Declaration of Independence and The Constitution of the United States (Bantam Classic)

$5.53 $5.95

State-specific requirements

The requirements for passing constitutional amendments vary across different states in the US. Here are some examples of state-specific requirements:

Arizona

Arizona provides for three methods of amending its constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. A simple majority is required for constitutional amendments, while a 60% vote is needed to approve ballot measures related to taxes. Arizona also has a process for citizens to initiate constitutional amendments, with the number of required signatures being 15% of the votes cast in the last gubernatorial election.

Florida

In Florida, a 60% vote is required for constitutional amendments. However, amendments proposing new state taxes or fees must receive at least a two-thirds vote (66.67%). Additionally, for an initiated constitutional amendment, signatures equalling at least 8% of the votes cast in the previous presidential election are needed from at least half of the state's congressional districts.

Minnesota

Proposed constitutional amendments in Minnesota require majority approval from all voters casting a ballot in the election. Leaving a constitutional amendment question blank on the ballot is considered equivalent to voting "no".

Massachusetts

In Massachusetts, a proposed amendment can be passed by a majority vote, provided that the total number of votes cast on the amendment equals at least 30% of the total votes cast in the election.

Montana

Montana requires a simple majority vote for voter approval of constitutional amendments. To initiate a constitutional amendment, supporters must gather signatures totalling 10% of the votes cast in the last gubernatorial election. Additionally, there is a distribution requirement, which mandates that proponents collect signatures from 10% of qualified electors in each of two-fifths of the state's legislative districts.

Nevada

Nevada voters approved a measure to protect abortion rights until viability. However, state law requires voters to approve constitutional amendments in two consecutive elections, so the measure will need to be passed again in 2026 to take effect.

Voter turnout

Simple Majority:

• Arizona and Montana: A simple majority is required to approve constitutional amendments in Arizona.
• Massachusetts: A proposed amendment can pass with a majority vote, provided that at least 30% of the total votes cast in the election are on the amendment.
• Tennessee: A proposed amendment must earn a majority of votes on the amendment and a majority of all citizens voting for governor.

Supermajority or Specific Percentage:

• Florida: Requires a 60% voter turnout for constitutional amendments. Amendments proposing new state taxes or fees must receive at least a two-thirds vote (66.67%).
• Maryland: The number of people voting "yes" must be more than 50% of the total number of Marylanders voting, not just a simple majority on the specific question.
• Minnesota: Proposed constitutional amendments require majority approval from all voters casting ballots in the election. Leaving a question blank is equivalent to voting "no."
• Nebraska: A proposed amendment becomes part of the constitution with a majority vote, provided it wins the votes of at least 35% of those voting in the election.
• Nevada: Voter approval is required in consecutive elections for constitutional amendments, as seen with a measure to protect abortion rights.
• Washington: Requires a 60% supermajority approval for ballot initiatives related to lotteries but only a simple majority for other questions.

These varying requirements highlight the importance of voter turnout in passing constitutional amendments and ballot measures, with each state employing its own standards. Understanding these thresholds is crucial for citizens to effectively exercise their democratic rights and influence policy-making through direct democracy.

Ballot measures

Some states, like Minnesota, require a simple majority of all voters casting a ballot in the election for a constitutional amendment to pass. In other words, leaving a constitutional amendment question blank on the ballot is equivalent to voting "no." Tennessee has a similar requirement, but an amendment must also receive a majority of the votes of all citizens of the state voting for governor.

Other states have specific percentage requirements for ballot measures to pass. For example, Arizona and Florida require a 60% vote for constitutional amendments, with Florida requiring a two-thirds vote (66.67%) for amendments proposing new state taxes or fees. Oregon and Washington also require a 60% supermajority vote on certain ballot measures. In contrast, Maryland requires more than 50% of the total number of Marylanders who vote overall, rather than just a simple majority of those voting on the question.

In addition to percentage requirements, some states have signature requirements for placing constitutional amendments on the ballot. For instance, Florida requires signatures equal to 8% of the votes cast in the last presidential election from at least half of its congressional districts. Montana has a similar requirement, needing 10% of the votes from the last gubernatorial election and a distribution of signatures across legislative districts.

Explore related products

The Constitution of the United States of America and Other Writings of the Founding Fathers (Volume 7) (Timeless Classics, 7)

$28

Constitutional Diplomacy

$88.35 $93

Rule of Law: Why and How We Must Amend the Constitution

$6.99 $14.95

Constitutional Bricolage: The Art of the Do-it-Yourself Handyman Who Must Solve Problems Given Only Limited Tools and His Own Ingenuity

$39

Land Use and the Constitution: Principles for Planning Practice (AICP Handbook)

$82.99 $190

The Law Officer's Pocket Manual: 2020 Edition

$32.87 $42.95

Legislative approval

The percentage required for constitutional amendments to pass via legislative approval varies across different states in the US. In Minnesota, for instance, proposed constitutional amendments need to secure a majority approval from all voters casting a ballot in the election. This means that leaving a constitutional amendment question blank on the ballot is the same as voting "no". Tennessee has a similar requirement, where a proposed amendment must receive a majority of the votes from those voting on the amendment, as well as "a majority of all the citizens of the state voting for governor."

Massachusetts has a slightly different rule, where a proposed amendment can be passed by a majority vote, on the condition that the total number of votes cast on the amendment amounts to a minimum of 30% of the overall votes cast in the election. In Mississippi, an amendment is approved if it receives a majority vote, as long as the total number of votes cast for the initiative is at least 40% of the total votes in the election. Nebraska also follows a similar rule, where a simple majority is sufficient for a proposed amendment to become a part of the state constitution. However, it must also receive votes from at least 35% of those voting in the election.

Some states have specific requirements for certain types of amendments. For example, Arizona requires a 60% vote for passing ballot measures that involve taxes. Similarly, Florida also mandates a 60% vote for constitutional amendments, but amendments proposing new state taxes or fees must receive at least a two-thirds majority (66.67%). Utah has a unique two-thirds vote requirement for any initiatives related to the taking of wildlife. On the other hand, Washington only requires a 60% supermajority approval for ballots related to lotteries, while other questions only need a simple majority.

In addition to voter-initiated amendments, some states allow for constitutional amendments through a legislative process. For instance, New Mexico established a procedure where a commission can develop and submit proposals for constitutional amendments to the state legislature. In Montana, a constitutional amendment requires a simple majority for voter approval. However, for the Montana State Legislature to place a constitutional amendment on the ballot, two-thirds of the legislators must vote in favor of it during one legislative session. This means that out of the 150 legislators, at least 100 must support the amendment for it to be placed on the ballot.

Court rulings

The Supreme Court is the highest court in the United States and plays a crucial role in the country's constitutional system of government. The Court has the final say on matters pertaining to constitutional rights and violations. It serves as the court of last resort for those seeking justice and exercises judicial review to ensure that each branch of the government respects its limits.

The Supreme Court's rulings are not subject to any percentage-based requirements for passage. Instead, the Court's decisions are based on a majority vote among the nine justices. According to the Supreme Court's rules, four of the nine justices must vote to accept a case, and a majority of justices must agree to all the contents of the Court's opinion before it is publicly delivered. This process ensures that the Court's rulings are carefully considered and agreed upon by a majority of the justices.

The Court has both original and appellate jurisdiction. Original jurisdiction refers to cases that are tried before the Supreme Court for the first time, and it is limited to specific types of cases, such as disputes between states or cases involving ambassadors. On the other hand, appellate jurisdiction allows the Court to review decisions made by lower courts. Most of the cases heard by the Supreme Court fall under its appellate jurisdiction.

The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), enables it to declare legislative or executive acts as unconstitutional. This power allows the Court to protect civil rights and liberties by striking down laws that violate the Constitution.

In recent years, the Supreme Court has faced calls for reform, with critics arguing for the implementation of term limits and a binding code of conduct for justices. These proposals aim to address concerns about partisanship, accountability, and potential conflicts of interest among the justices. President Biden has proposed an 18-year term limit for justices and a code of conduct requiring disclosure of gifts, refraining from certain political activities, and recusal in cases with potential conflicts of interest. However, enacting these reforms faces political challenges, and some critics view them as attempts to influence the Court's ideological leanings.

Frequently asked questions