# How hard should a constitution be to amend? **URL:** \ **Category:** Great Debates\ **Created:** [November 8, 2008, 2:20am UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758 "2008-11-08T02:20:41Z")\ **Posts on this page:** 8\ **Page:** 2
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [November 9, 2008, 5:54am UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/21 "2008-11-09T05:54:01Z")
> [@John\_Mace](#): > > I think it should require a super-majority, much like the federal Constitution in the US. > > However, for anyone who thinks the prop 8 situation could be easily fixed if a super-majority was required, remember that prop 22 passed 8 years ago with \> 60% of the vote. CA probably would have had a constitutional ban on SSM passed years ago with a super-majority, and then it would be almost impossible to change with a super-majority in favor of SSM. Califonia at one time requires a 2/3 majority to pass a constutional amendment, and a 50+% to pass a statue. I do not remember when but the Politicians cryied that it was unfair to require a 2/3 vote. Then they put a constitutional admendment on the ballot only requiring a 50+% vote. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 9, 2008, 4:25pm UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/22 "2008-11-09T16:25:34Z")
How many people can change the federal Constitution? 2/3rds of both houses of Congress plus three-fourths of the fifty states’ legislatures. Against that, 1 trial judge + 2 judges of a three-judge panel of the court of appeals + 5 judges of the supreme court = 8 people. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [November 9, 2008, 7:27pm UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/23 "2008-11-09T19:27:13Z")
> [@Bricker](#): > > How many people can change the federal Constitution? > > 2/3rds of both houses of Congress plus three-fourths of the fifty states’ legislatures. > Against that, 1 trial judge + 2 judges of a three-judge panel of the court of appeals + 5 judges of the supreme court = 8 people. Come on Brick, those 8 people aren’t changing anything. They are interpreting :rolleyes: ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [November 9, 2008, 10:00pm UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/24 "2008-11-09T22:00:07Z")
> [@Bricker](#): > > How many people can change the federal Constitution? > > 2/3rds of both houses of Congress plus three-fourths of the fifty states’ legislatures… Two thirds of the state legislatures can also force Congress to call a constitution convention which would propose any amendents it wish (or a whole new constitution); 3/4 of the states would need to approve the changes. The’s nothing about the federal amendment process I would change (except maybe to require states hole plebiscites before approving changes). ---
**Author:** ![2sense](https://avatars.discourse-cdn.com/v4/letter/2/e47774/32.png) [@2sense](https://boards.straightdope.com/u/2sense)\ **Post date:** [November 10, 2008, 1:10am UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/25 "2008-11-10T01:10:32Z")
> [@Menocchio](#): > > Not if they amend it to take away the political power of their opponents. “Constitutional” isn’t the same thing as “legitimate”. Constitutionally, it’s permissible for a state government to not hold a presidential election and just appoint the electors itself. But just because the option is constitutionally available doesn’t mean it is politically possible. There would be a huge uproar if a state tried this and heads would roll. Similarly, attempts to amend a constitution for partisan gain may or may not be considered legitimate. An amendment clarifying that political advertising may be restricted for the greater good, for instance, would seem perfectly legitimate to me and I would guess that most people would agree. Amendments saying blacks couldn’t vote… not so much. * * * Just my 2sense ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [November 10, 2008, 1:38am UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/26 "2008-11-10T01:38:39Z")
> [@Frank](#): > > That’s the definition of a majority. If you define a super-majority as 50%+1, the term loses any meaning. I think 2/3 is a reasonable definition. I’ll give you the first part, but I don’t think it’s reasonable to say that it doesn’t take a super-majority to vote cloture in the Senate (60%). ---
**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\ **Post date:** [November 10, 2008, 10:39am UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/27 "2008-11-10T10:39:06Z")
I think the US federal system is very good. The California system not so much. I think it’s absurd that it only takes 51% of voters to legislate bigotry. It should really take at least 75% of people to do that :rolleyes: ---
**Author:** ![Hostile\_Dialect](https://avatars.discourse-cdn.com/v4/letter/h/e495f1/32.png) [@Hostile\_Dialect](https://boards.straightdope.com/u/Hostile_Dialect)\ **Post date:** [November 10, 2008, 10:47am UTC](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758/28 "2008-11-10T10:47:27Z")
Even worse: 50% plus one vote. [Previous page](https://boards.straightdope.com/t/how-hard-should-a-constitution-be-to-amend/471758.md?page=1)