The Constitution: Amendments And Their Approval Process

The process of amending the US Constitution is outlined in Article V of the document. Amendments can be proposed by a two-thirds vote in both houses of Congress, or by a convention called by two-thirds of state legislatures. For an amendment to be ratified, it must be approved by three-fourths of state legislatures or conventions. In the case of state-led amendments, citizens can get involved by sponsoring or signing petitions, which require a minimum number of signatures from registered voters in each state. The specific process varies from state to state, but the ratification process ultimately lies with the states themselves, rather than Congress.

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Two-thirds of Congress propose amendments

Article V of the US Constitution outlines two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority in both Houses of Congress to propose a constitutional amendment. This means that at least two-thirds of the Members present in both the House and the Senate must vote in favour of the proposed amendment. Since the founding of the United States, this method has been used to propose thirty-three constitutional amendments, which were then sent to the states for potential ratification.

To date, there have been at least 11,000 proposals to amend the Constitution introduced in Congress. However, many of these proposals did not receive the required two-thirds majority in each house for submission to the states for ratification. The states have ratified twenty-seven amendments, and Congress has proposed six more that have not been ratified by the states.

The second method outlined in Article V involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures. This method has never been used. Scholars continue to debate issues surrounding these Article V conventions, including whether Congress must call a convention upon receiving the requisite number of state applications.

It is important to note that, regardless of the method used to propose an amendment, ratification by three-fourths of the states is required for an amendment to become part of the Constitution. Congress determines whether ratification will be by the legislatures of the states or by conventions in the states.

Two-thirds of state legislatures call a convention

The US Constitution can be amended in two ways. One method is for Congress, with a two-thirds majority in both houses, to propose amendments. The second method is for two-thirds of state legislatures to apply for a convention to propose amendments. This is the method we will focus on here.

Two-thirds of state legislatures can force Congress to call a convention to propose amendments to the US Constitution. This means that 34 of the 50 state legislatures must agree to call for a convention. This process allows states to bypass Congress and propose amendments directly.

The convention, once called, would propose amendments, which would then need to be ratified by either three-quarters of the state legislatures or by conventions in three-quarters of the states. This means that, for any amendment to be adopted, at least 38 states must approve it, ensuring that no amendment can be imposed on the country without a broad consensus.

This method of amending the Constitution has never been used. All amendments so far have been proposed by Congress. However, it is a significant power afforded to the states, providing a check on federal power and a route to constitutional change without requiring congressional approval.

The process of calling a convention and proposing amendments is a complex and lengthy one. It involves coordination and agreement among a significant number of states, each with its own interests and perspectives. Despite this challenge, the provision remains an important part of the constitutional amendment process, offering an alternative path for change if Congress is unresponsive or unwilling to act.

Three-quarters of state legislatures ratify

The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes a two-step procedure for proposing and ratifying amendments. While proposing amendments requires the approval of two-thirds of both houses of Congress or two-thirds of state legislatures, the ratification process demands the consent of three-quarters of state legislatures or state ratification conventions.

The process of amending the Constitution begins with a proposal for an amendment. This proposal can originate from two sources. Firstly, two-thirds of both the House of Representatives and the Senate (the two houses of Congress) can pass a resolution proposing an amendment. Alternatively, if two-thirds of the state legislatures (or state governments) submit an application to Congress, Congress must call a convention to propose amendments.

Once an amendment has been proposed, it must be ratified to become part of the Constitution. Article V of the Constitution offers two methods for ratifying amendments: ratification by state legislatures or ratification by state conventions. Whichever method is chosen, the amendment must be ratified by at least three-quarters (or 38) of the state legislatures or three-quarters of state ratification conventions. This means that an amendment must be approved by a supermajority of the states to take effect.

The process of amending the Constitution through the state legislature route involves both houses of each state legislature voting on the proposed amendment. If an amendment is ratified by the legislatures of at least three-quarters of the states, it becomes part of the Constitution. On the other hand, if the congressional resolution or convention that proposed the amendment specified ratification by conventions, then three-quarters of the states must hold ratification conventions to consider and vote on the amendment. Each state decides how delegates to these conventions are chosen, and the conventions themselves debate and vote on whether to ratify the amendment.

The ratification process empowers state legislatures or their designated conventions to debate, consider, and ultimately decide on the adoption of a proposed amendment. This distributed model of approval ensures that any change to the nation's founding document reflects a broad consensus across the country, safeguarding against hasty or partisan alterations to the Constitution.

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Voter-led initiative petitions

In the United States, voters can directly propose laws and constitutional amendments through initiatives and referendums, which are also known as "ballot measures", "propositions", or simply "questions". This process differs from most legislation passed by representative democracies, where an elected legislative body typically develops and passes laws.

Initiative petitions are circulated to collect signatures from registered voters. These signatures are then submitted to county election officials for verification. If an initiative petition obtains enough signatures, it can be placed on the ballot for voter consideration. The specific requirements to qualify initiatives for the ballot vary by state. For example, some states require a simple majority of voters to approve an amendment, while others impose higher thresholds, such as Florida's requirement of 60% voter approval.

In California, the ballot initiative process allows citizens to propose laws and constitutional amendments without the support of the Governor or the Legislature. The process involves writing the text of the proposed law (initiative draft) and submitting it to the Attorney General for an official title and summary. The Attorney General is responsible for preparing this title and summary before the circulation of qualification petitions. Once an initiative is qualified for the ballot, California voters will have the opportunity to approve or deny it.

The initiative process can also be indirect, where after collecting enough signatures, the proposed measure is first considered by a state or local legislative body. If the legislative body does not pass the proposed law within a specified timeframe, the initiative then proceeds to the ballot. In some states, if the legislature passes a substantially similar law, it precludes an election on the original initiative proposal. However, in other states, the legislature must pass the initiative unaltered, or it proceeds to a vote.

The use of online petition systems has also emerged as a tool for voter-led initiatives. In 2018, the voters of Boulder, Colorado, approved a charter amendment allowing online petitioning, marking a shift towards digital platforms for initiating ballot measures.

State-specific amendment rules

The authority to amend the US Constitution is derived from Article V of the Constitution. Congress proposes an amendment, after which the Archivist of the United States, who is the head of the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process.

While Article V outlines two methods for states to ratify amendments to the Constitution, it does not detail the ratification process. The first method requires three-fourths of the state legislatures to ratify an amendment, while the second method allows Congress to require that three-fourths of state ratifying conventions approve a proposed amendment.

State legislatures generate more than 80% of constitutional amendments considered and approved annually across the country. However, the requirements for legislatures to craft amendments vary by state. Some states require amendments to be backed by a majority of legislators, while others mandate supermajority legislative support. The level of legislative support may be determined by a single session or two consecutive sessions.

Ten states allow amendments to be approved by a majority vote in a single session, which is considered the easiest route to legislative approval. Twenty-five states, on the other hand, require a higher threshold, with nine demanding a three-fifths supermajority legislative vote and sixteen requiring a two-thirds supermajority legislative vote, all in a single session.

Four states—Hawaii, Minnesota, Tennessee, and Wyoming—go beyond legislative approval and require amendments to be endorsed by a majority of voters in the entire election. Abstentions from voting on an amendment in these states are essentially counted as no votes. Illinois offers a hybrid approach, allowing amendments to be approved by either three-fifths of voters on the amendment or a majority of voters in the entire election.

Additionally, seventeen states enable amendments to be enacted through citizen-initiative processes. Florida is unique in permitting constitutional commissions to submit amendments directly to voters, bypassing the convention process.

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