Article XXVI

This article exists because the Constitution can currently be amended only through processes that depend heavily on Congress, making it extremely difficult for the states and the people to advance constitutional reforms when Congress is unwilling to act. As a result, even broadly supported reforms can struggle to gain consideration despite substantial public support. 

This article creates a new state-initiated amendment process that allows states to propose constitutional amendments, submit them to a national referendum, and ultimately ratify them without requiring congressional approval. By combining state participation, direct voter approval, and final state ratification, the article seeks to make constitutional change more democratic, accessible, and responsive while preserving rigorous safeguards to ensure that only amendments with broad national support can succeed.

Section 1 — Authority of States to Propose Constitutional Amendments

Nothing in this Article shall be construed to limit or alter the amendment procedures established by Article V of the Constitution of the United States. The States may additionally initiate and advance proposed constitutional amendments pursuant to this Article.

A State-Initiated Amendment shall commence when identical amendment text is duly enacted, without material variation, by the legislatures of multiple States in accordance with their respective constitutional procedures and the requirements of this Article.

For purposes of this Article, “identical amendment text” shall mean substantially identical language such that no material difference in legal meaning, scope, or effect exists among the adopting States.

No State-Initiated Amendment shall become part of this Constitution except in accordance with the procedures and requirements established by this Article.

Section 2 — Population Threshold for Proposal

A proposed State-Initiated Amendment shall advance to a national referendum once the aggregate population of all States enacting identical amendment text equals or exceeds two-thirds (⅔) of the total population of the United States.

Population shall be determined according to the most recent decennial census conducted by the United States Census Bureau and in effect at the time the population threshold is certified.

States shall be counted toward the aggregate population total based on their population as reported in the same decennial census.

Congress shall establish uniform procedures for verifying population totals and certifying satisfaction of the threshold, provided that such procedures shall be ministerial in nature and shall not permit substantive review of the amendment text.

Section 3 — Requirements of Clarity and Single Subject

Any proposed State-Initiated Amendment shall:

1. Be set forth in clear and specific constitutional text;
2. Address a single subject or a closely related set of constitutional provisions;
3. State its intended constitutional effect in language reasonably capable of judicial interpretation; and
4. Avoid internal contradiction.

No proposed amendment under this Article shall combine unrelated subjects for the purpose of compelling approval of one provision through attachment to another.

A subject shall be deemed closely related only where the provisions are logically interdependent and directed toward a single constitutional objective.

Compliance with this Section may be reviewed by the federal courts solely for facial textual coherence and single-subject integrity. Neither Congress nor the courts may invalidate a proposed amendment under this Section based on policy disagreement, perceived breadth, or disagreement with its substantive content.

Section 4 — National Referendum for Ratification

Upon certification that the population threshold established in Section 2 has been satisfied, the proposed State-Initiated Amendment shall be placed on the ballot of the next nationwide general election, whether Presidential or midterm, occurring not less than ninety (90) days after such certification.

The referendum shall present a single, uniform national question in the following form:

“Shall the proposed constitutional amendment be adopted?”

with the options “Yes” or “No.”

Each referendum ballot shall include:

1. The question required by this Section;
2. A plain-language explanatory summary prepared pursuant to law that is complete, neutral, and written in clear and accessible terms; and
3. Notice of where voters may access the official text and supporting materials in full.

Plain-language summaries shall not advocate for or against adoption and shall be subject to objective standards of neutrality established by law.

The full text of the proposed amendment and explanatory materials shall be made publicly available in advance of the election through official publication by the federal government.

Ballots, explanatory materials, and official publications shall be made available in multiple languages and accessible formats to the maximum extent practicable, consistent with ensuring meaningful access for all eligible voters.

Federal and State governments shall jointly administer the referendum under uniform national standards established by Congress pursuant to this Article. Such standards shall be ministerial and procedural in nature and shall not permit alteration of the amendment text, the question presented, or the timing required by this Section.

Failure of Congress to enact implementing legislation shall not delay or prevent placement of the referendum on the ballot once the population threshold is satisfied.

Section 5 — National Popular Approval Requirement

A State-Initiated Amendment shall be approved by national referendum only if not less than sixty percent (60%) of all valid votes cast nationwide on the referendum question are votes in favor of adoption.

Certification of referendum results shall be conducted pursuant to uniform national standards established by Congress, which shall be ministerial in nature and shall not alter the thresholds set forth in this Section.

Failure of any State to certify results shall not invalidate the nationwide result where sufficient certified returns establish satisfaction of the requirements of this Section.

Section 6 — Final Ratification by States

Upon approval pursuant to Section 5, the proposed amendment shall be submitted to the several States for ratification.

The amendment shall become part of this Constitution when ratified by the legislatures of three-fourths (¾) of the several States.

A State that enacted identical amendment text pursuant to Section 1 shall be deemed to have satisfied its ratification vote under this Section.

No State may withdraw an enactment or ratification given pursuant to this Article after national approval has been certified under Section 5.

Congress shall establish uniform procedures and timelines for final ratification under this Section, provided that such procedures shall be ministerial and shall not alter the thresholds set forth herein.

Section 7 — Congressional Non-Interference

Congress shall have no authority to block, delay, alter, revise, nullify, or refuse to certify a State-Initiated Amendment that has satisfied the procedural requirements of this Article.

Congress's role under this Article shall be ministerial and administrative only.

Congress shall not modify the text of a proposed State-Initiated Amendment, alter the thresholds established by this Article, or impose additional substantive requirements beyond those expressly set forth herein.

Failure of Congress to act shall not prevent or delay advancement of the amendment process where the constitutional requirements of this Article have otherwise been satisfied.

Section 8 — Judicial Review

Federal courts shall not enjoin, suspend, delay, or invalidate the national referendum process established by this Article except upon a clear showing of:

1. Material procedural irregularity affecting the integrity of the vote;
2. Fraud that materially affected or would have materially affected the outcome of the referendum; or
3. Coercion that materially impaired the free exercise of the franchise.

Any judicial relief granted under this Section shall be narrowly tailored to remedy the identified defect and shall not invalidate the referendum absent a showing that the defect materially affected the result.

Upon final ratification pursuant to Section 6, courts may review only whether the procedural requirements of this Article were satisfied.

Nothing in this Section shall be construed to prevent judicial enforcement of the thresholds, certification standards, or procedural safeguards expressly established in this Article.

Section 9 — Implementation

Congress shall enact legislation necessary to implement this Article, including:

1. Standardized procedures for verifying that identical amendment text has been adopted pursuant to Section 1;
2. Uniform national ballot standards consistent with Section 4;
3. Transparent and accessible publication requirements for proposed amendments and explanatory materials;
4. Timelines and certification procedures for      referendum and ratification; and
5. Safeguards to protect the process from interference, fraud, coercion, cyber intrusion, or undue influence by      domestic or foreign actors.

All legislation enacted pursuant to this Section shall be ministerial and procedural in nature and shall not impose additional substantive requirements, alter constitutional thresholds, or modify the text of a proposed amendment.

Failure of Congress to enact implementing legislation shall not invalidate, delay, suspend, or prevent the amendment process where the requirements of this Article have otherwise been satisfied.