Malcolm Rivera
The process of amending state constitutions varies across the United States, with each state adopting its own unique procedures. State constitutions are amended regularly, with the current 50 state constitutions having been amended around 7,000 times. In contrast, the United States Constitution has only been amended 27 times since 1787, reflecting the challenging and time-consuming nature of the federal amendment process. State amendments can be initiated by legislators or, in some states, through a citizen-led process. Legislators may propose amendments directly or call a convention, which requires approval by a majority or supermajority legislative vote, depending on the state. The ratification process for amendments also differs, with some states requiring a simple majority vote, while others demand a supermajority legislative vote or a three-fifths or two-thirds majority. Court rulings can also impact state constitutions, with federal and state courts having the power to declare amendments null and void if they conflict with higher-level constitutions or other legal provisions.
| Characteristics | Values |
|---|---|
| Difficulty of amending | The US Constitution has been amended 27 times since 1787, while state constitutions have been amended around 7,000 times. |
| Frequency of amendments | Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year, while Tennessee, Kentucky, Indiana, Illinois, and Vermont do so once every three to four years. |
| Legislative requirements | Some states require majority backing, while others require supermajority legislative support. |
| Legislative sessions | Some states require support in a single session, while others need two consecutive sessions. |
| Legislative approval | 10 states allow approval by a majority vote in a single session, while 25 states require a supermajority legislative vote in a single session. |
| Voter ratification | Every state except Delaware requires voter ratification of proposed amendments. From 2006 to 2024, voters approved 891 out of 1,244 proposed amendments. |
| Citizen-initiative processes | 17 states allow citizen-initiated amendments, with varying procedures for qualifying them for the ballot. |
| Constitutional conventions | 44 states have laws outlining how to call a constitutional convention, with some requiring ballot measures to appear automatically every 10 or 20 years. |
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What You'll Learn
To reflect the will of the people
State constitutions are amended regularly to reflect the will of the people. This is achieved through various methods, including legislatively referred constitutional amendments, citizen-initiated amendments, and constitutional conventions.
Legislatively referred constitutional amendments are proposed by state legislatures and require majority or supermajority support, depending on the state. This is the most common method, with state legislatures generating over 80% of constitutional amendments approved each year. For example, either house of the Kansas State Legislature can propose an amendment, which, if approved by two-thirds of both chambers, is put to a statewide ballot. If a simple majority of electors agrees, it becomes part of the constitution.
Citizen-initiated amendments, allowed in 18 states, give citizens the right to propose and ratify amendments. These amendments are placed on the ballot through citizen signature petitions, with requirements varying by state. For example, Mississippi previously allowed citizen-initiated amendments until a 2021 ruling rendered the process unusable due to the need to revise the number of congressional districts from which signatures are collected.
Constitutional conventions, provided for in 44 states, allow voters to decide at regular intervals whether to hold a convention to propose amendments. Conventions are typically called by legislators with majority or supermajority support and then submitted to voters for approval. In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically every 10 or 20 years.
The frequency of state constitutional amendments varies, with Alabama, Louisiana, South Carolina, Texas, and California amending their constitutions more than three to four times per year, while Tennessee, Kentucky, Indiana, Illinois, and Vermont amend theirs only once every three to four years. Overall, state constitutions have been amended around 7,000 times, reflecting the will of the people in each state.
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To adapt to changing times
Amending a state constitution is a difficult and time-consuming process. It is done to address the needs of the present and future. 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.
State legislatures generate more than 80 percent of constitutional amendments that are considered and approved annually. The legislatures of thirty-five states have to approve a convention referendum, with a majority legislative vote needed to call a convention referendum in most states and a supermajority legislative vote needed in other states. The easiest route to legislative approval of amendments is to permit approval of amendments by a majority vote in a single session — a path available in 10 states. Another 25 states set a higher threshold by requiring amendments to be proposed by a supermajority legislative vote in a single session, by a three-fifths vote in 9 of these states and a two-thirds vote in 16 states.
State constitutions are amended to adapt to changing times. For example, in 2022, voters in California, Michigan, and Vermont amended their constitutions to expressly protect reproductive rights. On the other hand, Kansas voters rejected a proposal to eliminate the state constitutional right to abortion.
In addition to legislative amendments, citizens can also propose constitutional amendments through signature petitions. Eighteen states allow this method of amendment. However, the requirements in several of these states, such as Illinois and Mississippi, are difficult and rarely used.
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To address a specific issue
Amending a state constitution is a much easier process than amending the federal Constitution and is a regular occurrence. There are several reasons why states might amend their constitutions, and one of the most important is to address a specific issue.
State constitutions are often amended to address issues that are unique to that particular state. For example, in 2022, voters in California, Michigan, and Vermont amended their constitutions to protect reproductive rights. In contrast, other states, such as Ohio and Missouri, have seen their state legislatures attempt to prevent citizens from amending their constitutions to protect abortion rights.
State constitutions can also be amended to address issues that are specific to that state's history or demographics. For instance, a state with a large elderly population might amend its constitution to include provisions for elder care. Similarly, a state with a significant agricultural industry might amend its constitution to include protections for farmers.
Additionally, states may amend their constitutions to address issues that are not specifically covered by the federal Constitution. For instance, a state might amend its constitution to include a right to clean water or to protect the rights of a particular group that may not be adequately protected by federal law.
The process of amending a state constitution can also be initiated by the state legislature or by citizens through a process called a citizen-initiative. Legislatively referred constitutional amendments require the approval of a majority or supermajority of legislators, depending on the state. Citizen-initiated amendments, on the other hand, require gathering a certain number of signatures in support of holding a vote on the amendment, which is typically tied to the number of votes cast in the last gubernatorial election.
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To protect or guarantee rights
State constitutions are much easier to modify than the federal Constitution and are amended regularly. There are several reasons why states might amend their constitutions, and one of the most important is to protect or guarantee rights.
The US Constitution was written to endure, and the framers made it difficult to amend. Any amendment must have a major impact on all Americans or secure the rights of citizens. For example, in 2022, Kansas voters rejected a proposal to eliminate the state constitutional right to abortion, while California, Michigan, and Vermont amended their constitutions to expressly protect reproductive rights.
State legislatures generate more than 80% of constitutional amendments, and there are multiple paths for amending state constitutions. Legislatively referred constitutional amendments are one way to propose changes, with requirements varying by state. Some states require majority support, while others demand a supermajority. The easiest route to legislative approval is to allow a majority vote in a single session, which is possible in 10 states.
Another path to enacting amendments is through citizen-initiative processes. Eighteen states allow initiated constitutional amendments, which can be proposed and put on the ballot through citizen signature petitions. Courts have recognized the right of citizens to be informed of all proposed constitutional amendments, and the right to reject legislative proposals.
Conventions are another method to propose amendments, which are called by legislators and approved by a majority or supermajority legislative vote. In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically every 10 or 20 years.
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To simplify the amendment process
Amending the US Constitution is a challenging and lengthy process. It has only been amended 27 times since 1787, and any new amendments must have a significant impact on all Americans or protect citizens' rights. On the other hand, state constitutions are much simpler to modify, and they are amended frequently. The 50 states have amended their constitutions approximately 7,000 times.
The amendment process for state constitutions varies, and states offer multiple paths for amendments. For example, 18 states allow initiated constitutional amendments, where citizens can propose and put amendments on the ballot through a signature petition. In contrast, some states require amendments to be proposed by a supermajority legislative vote in a single session, and others allow approval by a majority vote in a single session.
Additionally, 17 states, including California, Michigan, and Vermont, allow citizen-initiative processes for enacting amendments. These states vary in their procedures, but they generally require amendment proponents to gather a certain number of signatures in support of holding a vote on the amendment. This direct involvement of citizens in the amendment process can simplify and expedite changes to state constitutions.
While states have the flexibility to determine their amendment processes, it is important to note that the right to amend state constitutions is sometimes challenged. In some cases, state legislatures have attempted to make the amendment process more difficult or change the rules to block amendments they disagree with. This highlights the ongoing tension between maintaining a state constitution's integrity and ensuring that it remains adaptable to the evolving needs of its citizens.
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Frequently asked questions
The process of amending a state constitution can vary across different states. Generally, the amendment is proposed by the state legislature and then ratified by the state. The ratification process can be done by sending the proposed amendment to the voters or by gaining the required support from the legislators.
Amending the federal constitution is a more difficult and time-consuming process. A proposed amendment to the federal constitution must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. On the other hand, state constitutions offer multiple paths for amendments and are much easier to modify.
The frequency of amendments varies across different states. For instance, 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.
The requirements for state legislatures to craft amendments vary. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. The requirements may also differ in terms of whether legislative support needs to be expressed in a single session or two consecutive sessions.
Yes, citizens can propose amendments to state constitutions through citizen-initiative processes. Currently, 17 states allow this method of amendment, although the specific procedures may vary. In most cases, amendment proponents must gather a certain number of signatures in support of holding a vote on the proposed amendment.
