Eleanor Finch
The process of amending a state constitution can be initiated by state legislators or citizens, depending on the state. Citizen-initiated amendments are allowed in 18 states, while state legislatures generate over 80% of constitutional amendments considered and approved annually. The requirements for legislative support vary across states, with some requiring a simple majority and others mandating a supermajority for an amendment to pass. In some states, like Nevada, citizen-initiated amendments must be approved by a majority in consecutive elections. Additionally, conventions can be called to propose amendments, and these require legislative approval in most states. The ratification process for amendments involves submitting them to voters for approval, with a simple majority needed in most states and a supermajority in a few.
| Characteristics | Values |
|---|---|
| Percentage of state legislators to approve an amendment | Varies by state, some require a simple majority, others a supermajority |
| Percentage of voters to approve an amendment | Varies by state, some require a simple majority, others a supermajority |
| Number of states requiring voter approval for amendments | 49 out of 50 states |
| Number of states allowing citizen-initiated amendments | 18 |
| Number of states requiring supermajority legislative vote in a single session | 25 |
| Number of states requiring a three-fifths legislative vote | 9 |
| Number of states requiring a two-thirds legislative vote | 16 |
| Number of states requiring a simple majority legislative vote | At least 10 |
| Number of states requiring amendments to be approved in two consecutive elections | At least 1 (Nevada) |
| Number of states with commissions that can refer constitutional amendments to the ballot | 2 (Arizona and Florida) |
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What You'll Learn
Legislator approval varies by state
The percentage of state legislators required to approve a constitutional amendment varies across the United States. 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, or by a constitutional convention called for by two-thirds of the state legislatures. However, no amendment has ever been proposed by a constitutional convention.
State legislatures generate more than 80% of constitutional amendments approved each year. The requirements for legislatures to craft amendments vary by state. Some states require amendments to secure the support of a majority of legislators, while others require supermajority legislative support. Additionally, some states require legislative support to be expressed in a single session, while others mandate two consecutive sessions.
The path of least resistance for legislative approval of amendments is to allow approval by a majority vote in a single session, which is possible in 10 states. Twenty-five states set a higher threshold, with amendments requiring a supermajority legislative vote in a single session. Within these 25 states, nine require a three-fifths vote, and 16 require a two-thirds vote.
In addition to legislative approval, most states require voter approval for constitutional amendments. Eighteen states allow citizens to initiate constitutional amendments through ballot measures. The number of signatures required for an initiated amendment varies by state and is often based on the number of votes cast in the last gubernatorial election. For example, Arizona requires 15% of votes, while Arkansas and Ohio require 10%.
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Citizen-initiated amendments
In the United States, a ballot measure can make it onto a ballot through citizen initiative, legislative referral, or automatically in some states. Citizen-initiated amendments are a type of ballot measure that allows citizens to propose a constitutional or statutory amendment or a veto referendum for inclusion on a ballot. There are 26 states that provide citizens with the power of initiative, referendum, or both. However, only 18 states allow citizens to initiate constitutional amendments, with 16 of these being direct and 2 being indirect.
A citizen-initiated constitutional amendment can be placed on a ballot for voters through direct initiatives, which can be proposed as a state statute, constitutional amendment, or veto referendum. To do this, an individual must first file a proposed ballot measure to appear on the ballot with their designated state official. Then, citizens must collect a specified number of signatures from registered voters in a state prior to the measure being placed on the ballot. The number of signatures required varies based on the districts targeted for signature collection.
An indirect initiative follows a slightly different process, requiring citizens' signatures and approval from the state legislature. Once the minimum number of signatures is received, the state legislature may approve the statute outright without placing it on the ballot. If the statute does go on the ballot, a majority vote is needed to pass it. There are currently nine states that allow indirectly initiated state statutes: Maine, Massachusetts, Michigan, Nevada, and Washington allow the state legislature to propose alternative statutes to appear alongside indirectly initiated state statutes on the ballot.
Once citizen-initiated amendments qualify for the ballot, they generally have to be ratified in the same fashion as legislature-referred amendments, by a simple majority of voters in most states and by a supermajority of voters in several states. However, Nevada requires citizen-initiated amendments to be approved by a majority of voters in two consecutive elections.
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Supermajority vs. majority votes
A simple majority vote is when more than half of the votes cast are in favour of a proposal. This is typically 51% of votes. A supermajority, on the other hand, requires a greater level of support than a simple majority. This could be any fraction or percentage greater than one-half, such as three-fifths (60%), two-thirds (66.66...%), or three-quarters (75%).
In the context of state constitutional amendments in the United States, the requirements for legislative approval vary. Some states require the backing of a simple majority of legislators, while others mandate supermajority support. For instance, 25 states demand a supermajority legislative vote in a single session, with 9 of these requiring a three-fifths vote and 16 asking for a two-thirds vote.
The rationale behind supermajority rules is to prevent the majority from infringing on the fundamental rights of a minority. However, it can also hinder swift responses to issues and, at times, encourage corrupt compromises.
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by 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.
In the case of citizen-initiated amendments, they typically need to be ratified by a simple majority of voters in most states. However, some states, like Nevada, demand approval by a majority in consecutive elections, while others, such as California and Colorado, are known for their swift consideration of such amendments.
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Ratification by convention
The convention method of ratification, described in Article V of the US Constitution, is an alternative route to considering the pros and cons of a proposed constitutional amendment. This method allows for the potential bypassing of state legislatures in the ratification process. It is worth noting that none of the 27 amendments to the Constitution have been proposed by constitutional convention.
State ratifying conventions, or constitutional conventions, are one of the two methods established by Article V for ratifying proposed constitutional amendments. To call a convention for proposing amendments, two-thirds of state legislatures must deem it necessary. The convention method of ratification loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, allowing the sentiments of registered voters to be more directly considered on highly sensitive issues.
The delegates of the conventions are presumed to be average citizens, and thus may be less likely to bow to political pressure to accept or reject a given amendment than state legislators. The theory is that these citizens, acting as delegates, will be more aligned with the will of the people. In Delaware, for example, the governor announces an election of delegates, with the latest date possible being the next general election held at least three months after the amendment has been proposed.
Once an amendment has been proposed, it is submitted to the states for their consideration. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states). Ratification of a proposed amendment has only been done by state convention once—the 1933 ratification process of the 21st Amendment.
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Ballot measures
Legislatively referred constitutional amendments are required in 49 out of 50 states, with Delaware being the exception. The rules and procedures for these amendments vary from state to state. Some states require a simple majority of legislators to support an amendment, while others require a supermajority. 10 states allow approval by a majority vote in a single session, while 25 states require a supermajority legislative vote in a single session, with 9 of these requiring a three-fifths vote and 16 requiring a two-thirds vote.
State constitutional conventions can also propose amendments, which require voter approval in most states. In some states, the legislature can call a convention without voter approval. Conventions are typically called by legislators and require a majority or supermajority legislative vote. In 14 states, referendums on calling a convention must appear on the ballot at periodic intervals.
While the specific processes vary, the common thread across these methods is the important role of ballot measures in allowing citizens, legislators, or conventions to propose and approve amendments to state constitutions.
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Frequently asked questions
This depends on the state. Some states require a simple majority vote (50% plus 1) for voters to approve constitutional amendments, while others require a supermajority legislative vote, which can be a three-fifths or two-thirds majority.
There are two main ways to amend a state constitution: through a citizen-initiated process or a legislative process. Citizen-initiated amendments generally have to be ratified by a simple majority of voters in most states, and by a supermajority in several states. State legislatures generate more than 80% of constitutional amendments that are considered and approved each year.
Yes, 18 states allow citizens to initiate constitutional amendments. These include Arizona, Arkansas, Massachusetts, Mississippi, Ohio, and more.
A supermajority legislative vote is when a certain percentage of legislators, greater than a simple majority, must vote in favour of a proposal for it to pass. In the context of constitutional amendments, a supermajority legislative vote typically refers to a three-fifths or two-thirds majority vote.
A direct initiative goes directly to the voters for approval, while an indirect initiative goes to the state legislature first, which can take various actions on the proposal before sending it to the voters.
