List of methods of constitutional amendment

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Different countries' constitutions have different, sometimes multiple, processes for amending them.

Contents 1 Europe 1.1 United Kingdom 2 Americas 2.1 The United States 2.2 U. S. state constitutions 2.2.1 California 2.2.2 New York 2.2.3 Tennessee 2.2.4 Texas

[edit] Europe

[edit] United Kingdom

The UK has no full constitution, so amendments are passed the same way as normal laws: legislative approval and Royal Assent.

[edit] Americas

[edit] The United States

Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Such amendments may be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the states. The method of proposal by national convention has been attempted twice, but never succeeded. The method of proposal by Congress requires a supermajority of two-thirds of both houses; this means two-thirds of those members voting in each house—assuming that a quorum exists when the vote is cast—and not necessarily two-thirds of the entire membership. Amendment proposals generally contain a deadline before which the ratification by states must be completed, but the legal status of such a deadline remains unsettled. To become valid, an amendment must then be ratified by three-fourths of the states, that is, by 38 states, either by their legislatures or by ratifying conventions. States choosing the convention method usually hold elections specifically for the purpose of choosing delegates to the convention. Once certified by the Archivist of the United States, the amendment takes effect according to its provisions and the other rules of the constitution.

[edit] U. S. state constitutions

[edit] California

There are three methods for proposing an amendment the California State Constitution: by the legislature, by constitutional convention, and by voter initiative. To become part of the constitution, a proposed amendment must be approved by a majority of voters, regardless of the method by which it was proposed.

With the legislative method, a proposed amendment must be approved by an absolute supermajority of two-thirds of the membership of each house.

With the convention method, the legislature may, by a two-thirds absolute supermajority, submit to the voters at a general election the question whether to call a convention to revise the Constitution. If the majority of the voters vote yes on that question, within six months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable. The constitution does not providing a lot of rules for the operation of the constitutional convention.

With the initiative method, an amendment is proposed by a petition signed by voters equal in number to 8 percent of the votes for all candidates for governor at the last gubernatorial election. The proposed amendment is then submitted to the voters at a general or special election.

[edit] New York

There are two methods for proposing amendments to the New York State Constitution: through the legislature and by constitutional convention. To become part of the constitution, proposed amendments must be approved by a majority of voters.

With the legislative method, an amendment proposal must published for three months, then approved by an absolute majority of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening. Finally, the amendment proposal must be submitted to the people, and for ratification must be approved by a simple majority.

With the convention method, a constitutional convention must be convened by a majority vote of voters in a general election on the question. The question of holding a constitutional convention is automatically submitted to the voters every twenty years beginning 1957, and at any additional times specified by the legislature. The convention is not limited in its consideration of what parts of the constitution to revise or amend. An amendment proposal must be approved by an absolute majority of the convention. To ratify a proposed amendment, the voters must approve it by a simple majority.

[edit] Tennessee

There are two methods for proposing amendments to the Tennessee State Constitution: through the legislature and by constitutional convention. To become part of the constitution, proposed amendments must be approved by a majority of voters.

With the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment and stating its wording. This must pass in three separate readings on three separate days, with an absolute majority on all readings. It does not require the governor's approval. It must then be published at least six months before the next legislative election in newspapers of wide and general circulation (This is done for precedent and is not required by law). After the election, the proposed amendment must go through the same procedure (Absolute majority on three separate readings). Then it is put on the ballot as a referendum in the next gubernatorial election. To be ratified it must again achieve an absolute majority of those voting in governatorial election.

With the convention method, the legislature can put on any ballot the question of whether to call a constitutional convention. It must be stated whether the convention is limited or unlimited (Whether it can only amend the current constitution or totally abolish it and write a new one). If limited, the call must state which provisions of the current constitution are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only amendments to the provisions specified in the call. The proposed amendments must then be submitted to the electorate and approved of by a majority of those voting in the election. A constitutional convention cannot be held more frequently than once every six years.

[edit] Texas

The only method for proposing an amendment to the Texas State Constitution is through the legislature, either in regular or special session. The governor may call a special session, and specify the agenda for the session. To become part of the constitution, proposed amendments must be approved by a majority of voters. Texas has had six different constitutions and the current constitution, adopted in 1876, has been amended more than 400 times.

A proposed amendment must be approved by an absolute supermajority of two-thirds of the elected membership of each house of the legislature. It is submitted to the voters in an election specified by the legislature. The wording of an explanatory statement that will appear on the ballot is to be approved by the attorney general and printed in newspapers. The full text of the amendment must be posted by all county clerks for 30 days before the election.