Isabella Carter
Voting on a constitutional amendment can happen in several ways, and the process varies depending on the jurisdiction. In the United States, amendments to the federal constitution 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 state legislatures. Amendments to state constitutions can be proposed by state legislatures or, in some states, by citizen initiative. Once an amendment is proposed, it typically requires approval by a majority or supermajority of voters to become part of the constitution. The specific requirements for amending constitutions differ from state to state, with some states requiring approval in one legislative session and others in two consecutive sessions. Federal laws, such as the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, also play a role in protecting and expanding voting rights.
| Characteristics | Values |
|---|---|
| Who can propose an amendment? | 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. |
| Who can propose an amendment at the state level? | State legislatures, citizens (in 18 states), or a constitutional convention. |
| Who can vote on an amendment? | In 49 out of 50 states, voter approval is required for the ratification of state constitutional amendments. Delaware is the exception. |
| How many states must approve an amendment? | Three-fourths (38 out of 50 states) must approve an amendment, either through the legislative process or the state convention process. |
| What is the process for approving an amendment? | The process varies by state, with some requiring a simple majority and others a supermajority. Some states require approval in one legislative session, while others require two. |
| What are some examples of constitutional amendments that expanded voting rights? | The 15th Amendment (1870) granted African American men the right to vote, the 19th Amendment (1920) granted women the right to vote, the 24th Amendment (1964) eliminated poll taxes, and the 26th Amendment (1971) lowered the voting age to 18. |
| What are some federal laws that protect voting rights? | The Civil Rights Acts of 1870, the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act of 1984, the National Voter Registration Act (NVRA) of 1993, and the Help America Vote Act (HAVA) of 2002. |
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What You'll Learn
Voting rights laws and amendments
- Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
- Two-thirds of state legislatures (38 out of 50 states) can call for a constitutional convention to propose amendments.
Once an amendment is proposed, it must be ratified. For federal constitutional amendments, three-fourths of the states (38 out of 50) must approve, either through their legislative process or a state convention. State constitutional amendments, on the other hand, require voter approval in 49 out of 50 states, with Delaware being the exception.
The journey towards voting rights began with the 15th Amendment, ratified in 1870, which granted African American men the right to vote regardless of race or prior slave status. However, many states employed tactics like literacy tests and poll taxes to suppress the African American vote. The 19th Amendment, ratified in 1920, extended voting rights to women. The 24th Amendment, ratified in 1964, eliminated poll taxes, and the 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
Over time, additional laws have been enacted to protect voting rights and make voting more accessible. The Civil Rights Acts, including the Voting Rights Act of 1965, prohibited voter discrimination based on race, colour, or language minority status. The Voting Accessibility for the Elderly and Handicapped Act of 1984 ensured polling places were accessible to people with disabilities. The National Voter Registration Act (NVRA) of 1993 simplified voter registration, and the Help America Vote Act (HAVA) of 2002 authorized federal funding for elections and established the US Election Assistance Commission (EAC) to assist states in improving voter education, registration, and ballot standards.
While significant progress has been made in expanding and protecting voting rights, ongoing efforts continue to ensure that all eligible citizens can exercise their right to vote freely and fairly.
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Federal laws and voting rights
Federal laws govern voting rights in the United States. The right to vote is commonly regarded as one of the most important American freedoms. However, for much of American history, this right has been granted to some and denied to others. Over time, a series of amendments to the Constitution have expanded and protected the voting rights of new groups.
U.S. election laws date back to Article 1 of the Constitution, which gave states the responsibility of overseeing federal elections. Many constitutional amendments and federal laws protecting voting rights have been passed since then. The 15th Amendment, ratified on February 3, 1870, gave African American men the right to vote. However, many were unable to exercise this right due to discriminatory practices and laws such as literacy tests, grandfather clauses, and intimidation by the Ku Klux Klan. The 19th Amendment, ratified in 1920, expanded voting rights to American women.
The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English. The act placed limits on certain states with a history of voter discrimination, requiring them to obtain federal approval before passing voter restrictions. This rule was struck down by a 2013 Supreme Court decision.
The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote and mandated states to maintain more accurate voter registration lists. The Help America Vote Act (HAVA) of 2002 authorized federal funding for elections and established the U.S. Election Assistance Commission (EAC) to assist states in adopting minimum standards for voter education, registration, and ballots.
In addition to federal laws, individual states have their own voter ID requirements. While most states require some form of identification before voting, the specific requirements vary by state.
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State constitutional conventions
The delegates at these conventions are responsible for proposing and discussing potential amendments. The composition of delegates can vary, and in some cases, citizens can play a direct role in the process. Once the convention has concluded, any proposed amendments are typically referred to the states for approval, either through the legislative process or the state convention process.
The legislative process for approving amendments can differ among states. Some states require amendments to secure the support of a majority of legislators, while others mandate supermajority legislative support. The legislative approval process can occur in a single session or across two consecutive sessions. In most states, a simple majority vote is required during two successive legislative sessions to place a constitutional amendment on the ballot. However, some states, like Nevada, have additional requirements for citizen-initiated amendments, necessitating approval by a majority of voters in two consecutive elections.
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Congress proposing an amendment
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments to the Constitution may 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 does not require presidential approval.
Once an amendment is approved by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) 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. The OFR also assembles 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.
The Archivist of the United States, who heads the NARA, is then responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once a proposed amendment is ratified by three-fourths of the States (38 out of 50 States), it becomes part of the Constitution.
In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
It is important to note that, historically, all 33 amendments submitted to the states for ratification have originated in Congress. The alternative convention method, which involves calling for a constitutional convention with two-thirds of the State legislatures, has not been used.
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Ratification of an amendment
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed by Congress or by a constitutional convention. Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it is submitted to the States for their consideration. The proposed amendment is sent to each State Governor, along with informational material. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). This can be achieved through the legislative process or a state convention process. In 49 out of 50 States, voter approval is required for the ratification of state constitutional amendments. Delaware is the only state that does not require voter approval.
When the required number of authenticated ratification documents is received, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.
The Archivist of the United States is responsible for administering the ratification process and has delegated many of the associated duties to the Director of the Federal Register. The Archivist certifies that a proposed amendment has been ratified after receiving official notice from three-fourths of the States. This certification includes publishing the amendment's text along with a list of the states that have adopted it.
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Frequently asked questions
A constitutional amendment is a change to a federal or state constitution.
Amendments to the federal constitution 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 state legislatures. Amendments to state constitutions can be proposed by state legislatures, or by citizens in 18 states.
A proposed amendment becomes part of the federal Constitution as soon as it is ratified by three-fourths of state legislatures. Amendments to state constitutions become valid when they are ratified by voters, with the exception of Delaware, where voter approval is not required.
