Ways that States Amend

Constitutions are the source of the fundamental law of a political community, setting up basic structures, rules and rights. They are the foundation of statutory law (which are the “regular” laws of a community), while they simultaneously supersede those statutes.

Like all nations, the United States has a national constitution. Unlike most other nations, the United States has a federal system, with two levels of sovereign government. This tradition of dual constitutionalism provides the 50 state governments with their own fundamental law, though these can be superseded by the national laws and constitution.

State constitutions are typically easier to change than the national one, which is famously rigid by design. However, the number and method of amendments varies widely from state to state. States typically allow one of the following methods of amendment:

• Legislative referral: an amendment is passed by the state legislature, and then ratified by voters through a referendum
• Initiative: an amendment is proposed by citizens with a petition, and then ratified by a voter referendum
  • Indirect initiative: the legislature is required to approve at some point in the initiative process
  • Some states require a referendum at certain periods (e.g., every decade) to determine whether a convention is needed or not
  • Constitutional Commission: a separately convened commission meets semi-regularly to review and propose constitutional amendments for a public vote. (Florida is currently the only state with such a commission.)

  All amendments to the current Virginia constitution have used the legislative referral method. The legislature is also empowered to call a convention with a 2/3 vote of both houses; the last such convention was held from 1901-1902.

  Sources and more information:

  • Constitution of Virginia’s section on future changes
  • Wikipedia: Virginia Conventions
  • Bowman, Kearney, and Scavo, State and Local Government, 11 th Edition (2022), Chapter 3
  • Tarr and Williams, State Constitutions for the 21 st Century, Volume 1 (2005), “Mechanisms for State Constitutional Change” (Appendix, pp. 197-203)