Amendments Galore: State Constitutions With Most Revisions

which state constitution has the most amendments

The constitutions of the 50 states in the United States have been amended around 7,000 times, with some states having had multiple constitutions throughout their history. The U.S. Constitution, on the other hand, has only been amended 27 times. State constitutions are much easier to modify, with amendments being adopted regularly. The frequency of amendments varies by state, with Alabama, Louisiana, South Carolina, Texas, and California amending their constitutions more than three to four times per year on average. At the other end of the spectrum, states like Tennessee, Kentucky, and Indiana amend their constitutions once every three to four years. The state with the most amendments is Maine, which has amended its constitution 177 times.

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The Maine Constitution has been amended 177 times

The Maine Constitution, first adopted in 1820, has been amended 177 times, making it the state constitution with the most amendments. The most recent amendments were approved by voters on November 7, 2023, with three additional amendments approved since 2018. The Maine Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

The constitution can be amended in two ways: through the legislative process or a state constitutional convention. A two-thirds majority (66.67%) vote is required during one legislative session for the Maine State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 101 votes in the Maine House of Representatives and 24 votes in the Maine State Senate. Maine has never called a constitutional convention; however, two "constitutional commissions" were impanelled in 1876 and 1962, but neither led to significant changes.

The Maine Constitution has been re-codified every 10 years, beginning in the late 19th century. The process of amending the constitution is outlined in Article X, which describes the two methods of amendment and the requirements for each. While Maine residents can initiate state statutes, they cannot put a constitutional amendment on the ballot through the power of initiative.

The high number of amendments to the Maine Constitution reflects the state's dynamic and evolving governance. With each amendment, the state adapts to the changing needs and priorities of its citizens, ensuring that the framework for governance remains relevant and responsive to the people of Maine.

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Kansas Constitution can only be amended via a legislatively referred route

The Kansas Constitution, also known as the "Wyandotte Constitution", was adopted by voters on October 4, 1859, and has been amended 95 times since. It does not feature a process for initiated constitutional amendments. Instead, it can only be amended via a legislatively referred constitutional amendment or by a constitutional convention.

A legislatively referred constitutional amendment is a legislative referral that amends a state's constitution. Legislatures are required to seek voter approval to amend their state constitutions in 49 of 50 states. Delaware is the one state where voter approval is not required for state constitutional amendments. The legislative rules and procedures for changing state constitutions through a referred ballot measure differ from state to state. In Kansas, the Legislature can refer no more than five constitutional amendments to an election ballot. Either house of the Kansas State Legislature can propose an amendment to the state's constitution. Two-thirds of the members of each chamber must approve the resolution. If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected or on a special election ballot if the legislature agrees to hold a special election.

Another path to amend the Kansas Constitution is through a constitutional convention. If two-thirds of the members of each house of the state legislature vote in favor, the question "Shall there be a convention to amend or revise the constitution of the state of Kansas?" or "Shall there be a convention limited to revision of article(s) ________ of the constitution of the state of Kansas?" shall be placed on a statewide ballot. If a simple majority of those voting on that question say "yes," a convention is held.

Some other states that can amend their constitutions via a legislatively referred route include Alabama, Louisiana, Maryland, Arkansas, Illinois, and Kentucky.

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Mississippi Constitution can be amended with a citizen-initiated process

The Mississippi Constitution has been amended 123 times, with the most recent amendments approved by voters in 2020. Mississippi's Constitution can be amended through a citizen-initiated process, which is one of two mechanisms for amending the state's constitution. The other is a legislative process.

The citizen-initiated process in Mississippi is an indirect initiated constitutional amendment, which is a citizen-initiated ballot measure that amends a state's constitution. Mississippi is one of two states, the other being Massachusetts, that allow citizens to initiate indirect constitutional amendments. This means that an indirect initiative goes to the state legislature before voters. A direct initiative, on the other hand, goes straight to the voters.

Mississippi's citizen-initiated constitutional amendment process includes a signature distribution requirement based on five congressional districts. However, the Mississippi Supreme Court has stated that this requirement cannot be met because the state only has four congressional districts following reapportionment in 2001. As a result, while the process remains part of the state constitution, it cannot be carried out in practice.

To get an initiative on the ballot in Mississippi, supporters must collect the required number of valid signatures, which is at least 12% of the total number of votes cast for governor in the last gubernatorial general election before the signature deadline. They have one year to circulate petitions and receive certification from the county circuit clerks. Signatures must be submitted at least 90 days before the legislative session, which begins in the first week of January. Once enough signatures have been collected, the measure is filed with the Mississippi State Legislature on the first day of the legislative session.

The legislature must act on the measure within four months. It may choose to adopt the measure by a majority vote in each house, or it may reject it. In either case, the proposed amendment then proceeds to the ballot. The legislature also has the option to approve an amended alternate version of the measure, in which case both measures appear on the ballot together. An initiative must receive a majority of the total votes cast for that particular initiative, as well as more than 40% of the total votes cast in that election, for voter approval.

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Alabama's sixth constitution was the longest state constitution

Alabama's constitution is the longest state constitution in the United States, and it is also the longest active written constitution in the world. Alabama's constitution has had 892 amendments, with 12 added in 2014, and it is estimated to have 369,380 words. To put that into perspective, it is more than two and a half times the length of the second-longest written constitution, which is the English-language version of the Constitution of India.

Alabama's constitution is more than four times as long as the Texas Constitution, which is the second-longest state constitution in the US at just under 87,000 words. Alabama's constitution has had seven iterations to date, with the current version being adopted in 2022. The previous six constitutions were established in 1819, 1861, 1865, 1868, 1875, and 1901.

The Alabama Constitution, like all other state constitutions, defines a tripartite government organised under a presidential system. It outlines the structure of the state government, including the executive, legislative, and judicial branches. However, it goes into much greater detail than other state constitutions, including tedious exceptions to general principles and special cases for specific localities.

The large number of amendments in Alabama's constitution is due to the framers' desire to set strict limitations on local governments. As a result, many local decisions have to flow through the state government for approval, creating a complex system with blurred lines of accountability and confusion about decision-making responsibilities.

The Alabama Constitution of 1901 also included overtly racist provisions, which have since been removed.

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The US Constitution has been amended 27 times

The US Constitution's amendment process is outlined in Article Five, which details a two-step process for making changes. An amendment can be proposed and sent to the states for ratification by either a two-thirds majority in Congress or a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, typically within seven years of its submission to the states. This authority was affirmed by the Supreme Court in 1939.

While the US Constitution has been amended 27 times, individual state constitutions have been amended more frequently. For example, the current Kansas Constitution has been amended 95 times, while the Maine Constitution has been amended 177 times. The Maryland Constitution holds the record among state constitutions, having been amended 240 times.

The process for amending state constitutions varies. Some states, like Kansas, can only amend their constitutions through legislatively referred constitutional amendments or constitutional conventions. In contrast, other states like Colorado allow for initiated constitutional amendments, where amendments can be proposed through citizen initiatives, legislative referral, or constitutional conventions.

Frequently asked questions

The current Maine Constitution has been amended the most number of times at 177.

This varies from state to state. Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years on average.

States offer multiple paths for amending their constitutions. Amendments can be made by citizen-initiative processes, by a simple majority of voters, or by a supermajority of voters.

The US Constitution has been amended 27 times.

The shortest state constitution is that of Vermont, adopted in 1793, with 8,295 words.

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