Amending The Constitution: Who Can Appeal?

The process of amending the US Constitution is a complex one, and the odds of it happening are extremely slim. The Constitution's Article V outlines that amendments can be proposed by two-thirds of the House and Senate or by a constitutional convention called for by two-thirds of state legislatures. The amendment then needs to be ratified by three-quarters of the states. This process has only been undertaken once, with the 21st Amendment repealing the prohibition on alcohol implemented by the 18th Amendment.

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Two-thirds of the House and Senate propose an amendment

Article V of the US Constitution outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House and the Senate to propose a constitutional amendment. This process has been followed to propose thirty-three amendments, which were then sent to the states for potential ratification.

To achieve a two-thirds majority, a quorum, or the minimum number of members required to be present for a valid legislative session, must be met. This means that at least a two-thirds majority of the members present, rather than the entire membership, must vote in favour of the amendment.

The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of the states. This method was designed to address concerns that two-thirds of the states could subvert the others or that Congress would only propose amendments that increase the power of the states.

Once an amendment is proposed, it must be ratified. Ratification can be achieved through a vote by the legislatures of three-quarters of the states or by conventions in three-quarters of the states, with the mode of ratification determined by Congress.

It is important to note that any amendment proposed and ratified cannot affect specific clauses in the Ninth Section of the First Article of the Constitution, and cannot deprive any state of its equal suffrage in the Senate without its consent.

Congress proposes an amendment to the states

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. There are two methods by which amendments to the Constitution may be proposed. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, also known as Congress. This is the more commonly used method, with 33 out of 34 amendments being proposed in this way.

The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures, or 34 out of 50 states. This method allows states to have a more direct role in proposing amendments, and it can be used to propose a wide range of amendments, including those that may be outside the scope of what Congress is willing to propose.

Once an amendment is proposed by Congress or a constitutional convention, it is submitted to the states for their consideration. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the governors of each state, who then formally submit it to their state legislatures.

For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states, or 38 out of 50 states. This can be done through a vote in the state legislatures or by calling for a state convention, depending on what Congress has specified. The ratification process is overseen by the Director of the Federal Register, who examines the ratification documents for legal sufficiency and authenticity. Once the required number of states has ratified the amendment, the Archivist certifies that the amendment is valid and has become part of the Constitution.

In summary, while Congress plays a crucial role in proposing amendments and specifying the ratification process, it is the states that ultimately have the power to approve and ratify amendments to the Constitution. This ensures that any changes made to the Constitution reflect the will of the people and protect their rights and interests.

Three-quarters of the states must ratify the amendment

The process of amending the US Constitution is outlined in Article V of the Constitution. It is a challenging process, with only 27 amendments since the Constitution was adopted.

The first step in the process is for two-thirds of both Houses of Congress to propose an amendment, or for two-thirds of state legislatures to call for a constitutional convention to propose an amendment. This is the first hurdle, and it is a high one, requiring significant political will.

Once an amendment has been proposed, it must be ratified. Ratification requires the approval of three-quarters of the states. This is a critical part of the process, as it ensures broad support for any changes to the Constitution. States can ratify an amendment through their legislatures or through state conventions.

The 21st Amendment, which repealed Prohibition, is the only amendment to have been ratified by state conventions rather than state legislatures. This unusual process was chosen out of fear that the temperance lobby would influence state lawmakers. The 21st Amendment is also the only amendment to have repealed another amendment, demonstrating the difficulty of appealing or changing the Constitution.

While the process of amending the US Constitution is challenging, state constitutions are amended regularly and are much easier to modify. State constitutional amendments are adopted frequently, with some states amending their constitutions multiple times per year.

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State legislatures can bypass Congress

The Constitution provides two methods for proposing amendments. While all of the existing amendments have been enacted through the congressional proposal method, in which two-thirds of each House of Congress proposes an amendment, no amendment has ever passed through the convention method. The convention method was an essential part of the original Constitution. The drafters of the Constitution recognized that the congressional proposal method was controlled by the federal government and, therefore, included the convention method as a way to bypass it.

Under the convention method, two-thirds of state legislatures can apply for Congress to call a convention that would then decide whether to propose an amendment. This method largely bypasses the federal government. The convention can propose amendments, whether or not Congress approves of them.

State legislatures generate more than 80% of constitutional amendments considered and approved annually across the country. State legislatures can make it easier or more difficult for citizens to amend their laws. For example, in Massachusetts, citizen-initiated amendments must secure the support of one-fourth of the legislature members, sitting in a joint session, and voting across two consecutive sessions before they can appear on the ballot. In contrast, in all but one state where the constitutional initiative process is available, legislators cannot block citizen-initiated amendments from appearing on the ballot.

Conventions continue to offer a potential path for amending state constitutions. Legislators typically call conventions, and most states require a majority legislative vote to call a convention referendum. In some states, a supermajority legislative vote is needed. In most states, a referendum on calling a convention must be approved by a majority of voters. However, in four states, it is possible to bypass the legislature and call a convention through the initiative process.

Citizen-initiated amendments must secure legislative support

Amending the US Constitution is a challenging process, with only 27 amendments since its adoption. State constitutions, on the other hand, are amended regularly, with around 7,000 amendments across the 50 states. The process of amending state constitutions varies, with some states requiring more signatures for amendment proposals than others.

In most states, citizen-led initiatives for constitutional amendments cannot be blocked by legislators from appearing on the ballot. However, in Massachusetts, citizen-initiated amendments must secure support from a portion of the legislature before they can be put to a vote. Specifically, citizen-led amendments must secure the support of one-fourth of the legislature, in two consecutive sessions, before they can be considered for ratification by voters.

Once citizen-initiated amendments qualify for the ballot, they generally follow the same ratification process as amendments referred by the legislature. Most states require a simple majority vote, while a few demand a supermajority. Nevada is unique in that citizen-led amendments must be approved by a majority in two consecutive elections.

While citizen-initiated amendments are considered frequently in some states, such as California and Colorado, they account for fewer than 2 out of every 10 amendments adopted annually across the country. Florida is distinct in that it has commissions authorised to place amendments directly on the ballot, with the Constitution Revision Commission meeting every 20 years to propose amendments on any subject.

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