[ back ]
Amending the Vermont Constitution
Amending the Vermont Constitution
by Sen. Bill Doyle
There is one way to amend the Vermont Constitution. A proposal must be initiated by two thirds of the Vermont Senate and agreed to by a majority of the Vermont House of Representatives. The next elected legislature then has to approve the plan by a majority vote in both houses. No changes at any time may be made to the original Senate proposal. The proposal then must be ratified by Vermont voters in November of the even-numbered years. In addition, there is a four-year time lock on amending the Constitution.
The present system of amending the Vermont Constitution has not always been in place. From 1785 to 1870, constitutional proposals were sent to the people by the Council of Censors.
The Vermont Council of Censors was created by the 1777 Vermont Constitution. Pennsylvania is the only other state that had a Council of Censors. Indeed, much of he language of the Vermont Constitution comes from Pennsylvania.
The Council of Censors consisted of 13 men elected statewide every seven years for a one-year tem. No council member could be a member of the executive or legislative branches. A council’s powers included:
“Whether the legislature and executive branches had performed their duty as guardians of the people.”
“To inquire whether public taxes had been justly laid out and collected.”
“To propose amendments to the Constitution which would have to be submitted to a Constitutional Convention.” Each town would have one vote.
In 1970, the Vermont Constitution was amended, reducing the 10-year time lock on amending the Constitution to four years. The impetus for changing the Constitution at that time was that the Constitution had to be amended to conform to the one person/one vote doctrine enunciated by the United States Supreme Court.
In all of our states, amendments can be passed by the state legislature and then submitted to the voters. However, in Delaware, the amendments do not have to be submitted to the voters.
Another method of amending the Constitution is known as the popular initiative. For this to happen, a specific number of voters must sign a petition to get a Constitutional amendment on the ballot for approval by the voters. This can take place in 17 states.
A third way of amending the Constitution is through constitutional convention. The legislature submits to voters a proposal for a constitutional convention. If voters approve, a convention meets, makes changes and then submits them to the voters. This method is available in 41 states.
The fourth approach to amending the Constitution is the Constitutional Commission. Commissions may be created by legislature to study the Constitution and make recommendations to the state legislature. Voters are more accepting of constitutional amendments when submitted to them by a state legislature.
According to former State Archivist Gregory Sanford, “Vermont created a difficult amending process because it allowed the passions of the moment to cool and called for substantial reflection when changing Vermont’s organic law. The Constitution should consist of broad fundamental principles, and it is the duty of the legislature to bring these principles to life.”
Senator Bill Doyle serves on the Senate Education Committee and Senate Economic Affairs Committee, and is the Senate Minority Leader. He teaches government history at Johnson State College. He can be reached at 186 Murray Road, Montpelier, VT 05602; e-mail wdoyle@leg.state.vt.us; or call 223-2851.
[ back ]
