Initiated constitutional amendment

An initiated constitutional amendment is an amendment to a state's constitution that results from petition by the state's citizens. By utilizing this initiative process, citizens are able to propose and vote on constitutional amendments directly, without need of legislative referral. When a sufficient number of citizens have signed a petition requesting it, a proposed constitutional amendment is put to the vote.

The initiative process for proposing constitutional amendments may be "direct" or "indirect". States that permit the latter, such as the U.S. state of Mississippi, permit legislators an opportunity to propose an alternative amendment which is placed on the ballot alongside the citizen proposal.[1]

Contents

Initiated constitutional amendments in United States

In the United States, while no court or legislature need approve the proposal or the resultant initiated constitutional amendment, such amendments may be overturned if they are challenged and a court confirms that they are unconstitutional.[2] Most states that permit the process require a 2/3 majority vote.[2]

Not all amendments proposed will receive sufficient report to be placed on the ballot. Of the 26 proposed petitions filed in the state of Florida in its 1994 general election, only three garnered sufficient support to be put to the vote.[3]

States allowing initiated amendments

Types of ballot measures

  • Initiated state statute
  • Indirect initiated state statute
  • Initiated constitutional amendment
  • Indirect initiative amendment

See also

References

  1. ^ "Constitutional Initiative in Mississippi: A Citizen’s Guide". Secretary of State, Mississippi. 2009-01-14. p. 2. http://www.sos.ms.gov/links/elections/home/tab2/InitiativeGuide.pdf. Retrieved 2010-04-29. 
  2. ^ a b Mason, Colin (October 2003). The 2030 Spike: Countdown to Global Catastrophe. Earthscan. p. 212. ISBN 9781844070183. http://books.google.com/books?id=NjCGbmrf7MUC&pg=PA212. Retrieved 29 April 2010. 
  3. ^ Jameson, P.K. and Marsha Hosack. (1996) "Citizen Initiative in Florida: An Analysis of Florida's Constitutional Initiative Process, Issues, and Statutory Initiative Alternatives." pp. 1-2. Originally published in Florida State University Law Review 23:417.