Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be appended to the constitution as supplemental additions, changing the frame of the government without altering the existing text of the document. State constitutional amendments are adopted regularly, with the current constitutions of the 50 states having been amended around 7,000 times. In contrast, the US Constitution is difficult to change and has only been amended 27 times. State legislatures generate more than 80% of constitutional amendments that are considered and approved each year. There are multiple paths for amending state constitutions, with 18 states allowing initiated constitutional amendments put on the ballot through a citizen signature petition.
| Characteristics | Values |
|---|---|
| Difficulty | The US Constitution is difficult to change and has only been amended 27 times. State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted regularly. |
| Frequency | The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average. At the other end of the spectrum, the Tennessee, Kentucky, Indiana, Illinois, and Vermont constitutions are amended only once every three to four years on average. |
| Number of amendments | From 2006 through 2024, a total of 1,244 constitutional amendments were proposed and put before voters. Of this total, voters approved 891 proposed changes to state constitutions. |
| Methods | There are four ways that proposed constitutional amendments can be proposed and put on the ballot in most states: through legislatively referred constitutional amendments, through initiated constitutional amendments, through constitutional conventions, and through automatic ballot referrals. |
| Voter ratification | Every state but Delaware requires voters to ratify proposed state constitutional amendments. |
| Legislative approval | State legislatures generate more than 80% of constitutional amendments that are considered and approved around the country each year. |
| Citizen-initiated amendments | Seventeen states currently provide a path for enacting amendments via citizen-initiative processes. |
| Restrictions | Some states impose restrictions on the subject matter of proposed amendments, such as prohibiting petitions relating to religious institutions, the judiciary, or specific political divisions. |
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What You'll Learn
- State constitutions are amended regularly, with 7,000 amendments to the 50 state constitutions since their adoption
- Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
- Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures
- Legislatures generate over 80% of constitutional amendments considered and approved each year
- Seventeen states allow citizen-initiated amendments, with 18 states allowing initiated constitutional amendments
State constitutions are amended regularly, with 7,000 amendments to the 50 state constitutions since their adoption
State constitutions in the US have been amended approximately 7,000 times since their adoption. This frequency of amendment is a distinctive feature of the state tradition, with state constitutions being amended more often than the US Constitution, which has only been amended 27 times.
State constitutions are much easier to modify than the US Constitution, and state constitutional amendments are adopted regularly. For example, in the period from 2006 to 2024, voters approved 891 out of 1,244 proposed changes to state constitutions. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average. In contrast, the constitutions of Tennessee, Kentucky, Indiana, Illinois, and Vermont are amended only once every three to four years, on average.
There are several methods by which state constitutions can be amended. The most common method is through legislatively-referred constitutional amendments, with state legislatures generating more than 80% of constitutional amendments that are considered and approved each year. The legislatures of 49 states vote on constitutional amendments to refer them to the ballot for voter consideration. The requirements for legislative approval of amendments vary among the states. The easiest route to legislative approval is to permit approval by a majority vote in a single session, which is available in 10 states. Twenty-five states require a supermajority legislative vote, with nine requiring a three-fifths vote and sixteen requiring a two-thirds vote.
Another method of amending state constitutions is through initiated constitutional amendments, which are put on the ballot through a citizen signature petition. Eighteen states allow this method of amendment, including Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota.
A third method of amending state constitutions is through constitutional conventions. From 1776 to 1986, a total of 250 constitutional conventions were held in the 50 states. In recent times, however, there has been a lack of convention activity, with nearly four decades passing since the last full-scale state constitutional convention in Rhode Island in 1986. Despite this, conventions continue to offer a potential path for amending state constitutions, with legislators calling for conventions and voters sometimes approving the holding of conventions through ballot measures.
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Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA), specifically to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the States, which includes formal copies of the joint resolution and other relevant documents.
After receiving the proposed amendment from Congress, the Archivist of the United States, who heads NARA, initiates the ratification process. The Archivist delegates some ministerial duties to the Director of the Federal Register. Together, they follow established procedures and customs, previously performed by the Secretary of State and the Administrator of General Services, to administer the ratification process effectively.
The proposed amendment is then submitted to the States for their consideration. The Archivist sends a letter of notification to each Governor, along with the informational material prepared by the OFR. At this stage, the Governors formally submit the amendment to their State legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). Once the OFR verifies the required number of authenticated ratification documents, a formal proclamation is drafted for the Archivist to certify the amendment's validity.
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Amendments can also be proposed by a constitutional convention called for by two-thirds of the State legislatures
The United States Constitution, in Article V, outlines two methods for proposing amendments. One of these methods involves a constitutional convention called for by two-thirds of the State legislatures, or 34 out of 50 states. This method has never been used to propose an amendment, as the other method, a two-thirds vote in both houses of Congress, has been successful 33 times.
The process of calling for a constitutional convention begins with the state legislatures. A state legislature can choose to place a question on the ballot, asking voters whether they wish to call for a convention. The percentage of the state legislature required to vote to place such a question on the ballot varies by state. In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically every 10 or 20 years.
Once two-thirds of state legislatures have applied for a convention, Congress must call for one. The convention then proposes amendments, which become law only after ratification by three-fourths of the states, or 38 out of 50. This can be done through legislatures of three-fourths of the states or conventions in three-fourths of the states, with the method of ratification left to the choice of Congress.
The process of amending state constitutions varies by state. Delaware is the only state that does not require voters to ratify proposed state constitutional amendments, with its legislature voting on amendments without requiring voter approval. Most states require legislatures to approve amendments during one legislative session, while a few require amendments to be passed during one or two successive sessions, depending on the majority received.
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Legislatures generate over 80% of constitutional amendments considered and approved each year
State legislatures play a significant role in the constitutional amendment process, with over 80% of annual constitutional amendments originating from their proposals. This process varies across states, with differing requirements for legislatures to craft and approve amendments. Some states require amendments to secure a simple majority, while others mandate supermajority legislative support. Additionally, there are variations in the number of legislative sessions needed for approval, with most states requiring a single session and a few needing two consecutive sessions.
Legislatures in 49 states vote on constitutional amendments, referring them to the ballot for voter consideration. This process, known as legislatively-referred constitutional amendments, is a common method for proposing changes to state constitutions. Delaware is an outlier, as its legislature votes on amendments without requiring voter approval.
The ease of amending state constitutions varies, with some states offering more accessible paths than others. For instance, Massachusetts sets the lowest bar, requiring only 3% of signatures from the votes cast in the previous gubernatorial election. In contrast, other states, like Illinois and Mississippi, have more stringent requirements for initiated constitutional amendments, making them less frequently utilised.
While legislatures play a dominant role in generating constitutional amendments, other methods exist. These include initiated constitutional amendments, where citizens propose changes through signature petitions, and constitutional conventions, where states periodically give voters the option to call for a convention. However, despite these alternative avenues, the dominance of legislatures in the amendment process remains evident, shaping the legal landscape of their respective states.
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Seventeen states allow citizen-initiated amendments, with 18 states allowing initiated constitutional amendments
State constitutional amendments are adopted regularly, with the current constitutions of the 50 states having been amended around 7,000 times. Seventeen states allow for amendments via citizen-initiative processes, with 18 states allowing initiated constitutional amendments.
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. In most states, there are four ways that proposed constitutional amendments can be put on the ballot: through legislatively referred constitutional amendments; through initiated constitutional amendments put on the ballot through a citizen signature petition; through constitutional conventions; and in some states, through automatic ballot referrals.
The 18 states that allow citizens to initiate constitutional amendments are: Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota. Of these, 16 states have direct initiated constitutional amendments, meaning the initiative goes directly to voters, and two states, Massachusetts and Mississippi, have indirect initiated constitutional amendments, meaning the initiative goes to the state legislature first. Mississippi's process includes a signature distribution requirement based on five congressional districts. However, in 2021, the Mississippi Supreme Court issued a ruling that rendered the state's constitutional initiative process unusable until it is revised to accurately reflect the number of congressional districts from which signatures have to be collected to qualify initiated amendments for the ballot.
In all but one state, legislators cannot block a citizen-initiated amendment from appearing on the ballot. Once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot. However, in Massachusetts, citizen-initiated amendments must secure support from one-fourth of the members of the legislature in two consecutive sessions before they can appear on the ballot. Once citizen-initiated amendments qualify for the ballot, they generally have to be ratified by a simple majority of voters in most states and by a supermajority of voters in several states. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can directly alter the text of the existing constitution or be appended as supplemental additions.
State constitutional amendments are made to modify the constitution of a state. This could be done to keep up with the times or to address an issue that is specific to that state.
The process of making a state constitutional amendment varies from state to state. In most states, the state legislature proposes an amendment, which is then put before voters for ratification. Some states also allow for amendments to be proposed by citizen signature petition or constitutional convention.
The process of ratifying a constitutional amendment also varies depending on the state. Some states require a simple majority of voters to approve an amendment, while others require a supermajority. In some states, amendments must be passed during one or two successive legislative sessions.
The frequency of state constitutional amendments varies. For example, the constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year on average. On the other hand, the constitutions of Tennessee, Kentucky, Indiana, Illinois, and Vermont are amended only once every three to four years on average.
