Democratic Constitutionalism & Constitutional Change

Question 1

What are the four ways to amend the constitution?

Answer 1

• Congress
• State legislatures
• A national convention (never used)
• State conventions (used once)
  None of these methods involve direct democracy
• i.e. The people themselves formally proposing (initiating) or voting on changes to their fundamental law

Question 2

4 main reasons for amending the U.S. constitution, which involve fundamental changes to the gov’t structure &/or powers

Answer 2

1. Bill of Rights’ limits on gov’t power
2. Expanding the electorate
3. Altering relationship b/t electoral & elected officials
4. Expanding & limiting gov’t power

Question 3

Are state amendments more or less flexible?

Answer 3

Because of their length, they are less flexible and adaptable, thus requiring further constitutional amendment

Question 4

How many steps does it take to formally change the constitution?

Answer 4

Amending or replacing a constitution is a 2-step process
1. Proposal of change
2. Ratification
* Methods & requirements vary by state
* One or both steps may require a supermajority

Question 5

How do you informally change the constitution?

Answer 5

Judicial review, political tradition, & practice, technology

Question 6

What are the four methods for formally changing the constitution?

Answer 6

1. Legislative proposal/referral
2. Popular initiative
3. Constitutional convention
4. Constitutional commission

Question 7

Legislative proposal/referal

Answer 7

done in all states
* State legislature both drafts & passes amendment, often with supermajority requirement
* Submitted to voters in a referendum (49 states)

Question 8

Popular initiative

Answer 8

done in 18 states
* A type of direct democracy
* Most common in Western states
* Citizens offer proposal to an oversight body, & language is cleared to circulate
* Must gather enough signatures to place proposal on ballot
* If successful, amendment submitted to voters in a referendum

Question 9

Constitutional Convention

Answer 9

done in 14 states
* Legislature proposes calling a convention to voters via referendum
* Delegates are elected
* Once convened, convention can amend, revise, or replace state constitution
* Danger of “rogue conventions”?

Question 10

Constitutional Commission

Answer 10

• Legislature creates appointed commission to “study & recommend” changes
• Power of constitutional commissions varies

Question 11

What methods can and can’t be used to amend the Texas Constitution?

Answer 11

Methods available:
* Legislative proposal
* Commission (weak)
Not available:
* Popular initiative
* Constitutional convention
* In Texas, no initiative & referendum rights for either amendments or statues at the state level

Question 12

How much of legislature and people vote is needed for a Texas state amendment?

Answer 12

2/3 of legislature
simple majority (50% +1) of voters, the ballot will probably appear on a ballot in an odd-numbered year, which will cause lower voter turnout

Question 13

direct democracy in Texas

Answer 13

Few instruments of direct democracy available at the state level
* The referenda (for constitutional amendments)

Question 14

Direct democracy options in other states

Answer 14

Other states may have:
* Referenda elections : For amendments, For laws
* Initiative process
* Recall elections