Who Can Repeal A Constitutional Amendment?

The President of the United States does not have the power to repeal a constitutional amendment. The Constitution's Article V outlines the process of amending the Constitution, which does not include the President. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. The amendment must then be ratified by three-quarters of the states. In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment, also known as prohibition, in 1933.

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The US President has no constitutional role in the amendment process

The US Constitution has 27 amendments, with the most recent one being added in 1992. The process of amending the Constitution is intentionally difficult, as the framers wanted to ensure that any changes were made thoughtfully and with good reason.

While the US President has no constitutional role in proposing or approving amendments, they may witness the certification of amendments. For example, President Nixon witnessed the certification of the 26th Amendment, and President Johnson signed the certifications for the 24th and 25th Amendments. Additionally, the President may express their opinion on proposed amendments and attempt to persuade Congress to vote for or against them.

Any existing constitutional amendment can be repealed, but only by the ratification of another amendment. This is a rare occurrence, as it requires the same level of approval as a regular amendment. In the history of the United States, only one constitutional amendment, the 18th Amendment (prohibition), has been repealed by the 21st Amendment in 1933.

An amendment must be proposed by two-thirds of the House and Senate

The Constitution of the United States is a challenging document to alter, and any changes to it are infrequent and arduous. The Constitution's Article V outlines the procedure for amending it, and the President is not required to sign or approve the amending resolution. The President also cannot veto any proposed amendments.

The process of amending the Constitution begins with a proposal by two-thirds of the House and Senate, also known as Congress. This proposal is made in the form of a joint resolution. Once the proposal is made, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

The proposed amendment is then submitted to the states for their consideration. The governors of all 50 states receive the proposal and are tasked with approving it, a process called "ratification." The states can approve the amendment through their state legislatures or by calling for a state convention. To become part of the Constitution, three-quarters of the states must ratify the amendment.

In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment (prohibition of alcohol) in 1933. The process of repealing an amendment is the same as amending it, requiring a proposal and ratification by one of the same two methods.

The states must approve a new amendment

The process of amending the US Constitution is outlined in Article V of the Constitution. While the President can propose amendments, they do not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval. The President also cannot veto any proposed amendments.

The process of repealing a constitutional amendment is similar to the process of amending the Constitution. Any existing constitutional amendment can be repealed, but only by the ratification of another amendment. This means that a new amendment must be proposed and ratified by one of the two methods of regular amendments.

The first method of proposing an amendment is for it to be proposed by two-thirds of the House and Senate. If approved by Congress, the proposed amendment is sent to the governors of all 50 states for their approval, called "ratification." The second method is for a constitutional convention to be called for by two-thirds of state legislatures. In this case, the amendment is proposed by two-thirds of the states and then must be ratified by three-quarters of the states.

In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment (prohibition of alcohol).

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The Archivist of the United States administers the ratification process

The US Constitution's Article V outlines the authority to amend the document. The President does not have a constitutional role in the amendment process, and amendments do not require their signature or approval. Instead, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.

The Archivist's role is to uphold the integrity of the constitutional amendment process and ensure that changes are carried out in accordance with the law. They do not make any substantive determinations as to the validity of state ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor along with informational material prepared by the OFR.

Once an amendment is ratified by three-quarters of the states, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and US Statutes at Large and serves as official notice to Congress and the nation that the amendment process has been completed.

The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding and making available for study all permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights. They also have duties concerning the custody of Electoral College documents in US presidential elections. Additionally, the Archivist maintains custody of original documents when a bill becomes law.

Only one constitutional amendment has been repealed in US history

While there have been discussions about repealing other amendments, only one constitutional amendment has been repealed in US history. The Twenty-first Amendment, ratified in 1933, repealed the Eighteenth Amendment, which had banned the manufacture and sale of alcohol in the United States.

The Eighteenth Amendment, also known as "Prohibition", was ratified in 1919 after years of advocacy by the temperance movement. It prohibited "the manufacture, sale, or transportation of intoxicating liquors" nationwide under most circumstances. However, Prohibition proved to be highly unpopular, and by the early 1930s, a political movement had grown for its repeal. The Twenty-first Amendment was proposed by Congress in February 1933 and ratified by the requisite number of states in December of that year. In addition to repealing the Eighteenth Amendment, the Twenty-first Amendment also gave states the ability to define alcohol laws within their borders.

The process of repealing a constitutional amendment is challenging and rare. Any existing constitutional amendment can be repealed, but only by the ratification of another amendment. The amendment must be proposed and ratified by one of the same two methods as regular amendments: a two-thirds supermajority vote in both the House and the Senate, or a constitutional convention called for by two-thirds of the state legislatures, with three-quarters of the states voting to ratify. While the president can express an opinion and attempt to persuade Congress to vote for or against a proposed amendment, they do not have the power to repeal part of the Constitution by executive order.

In recent years, there has been talk of repealing other amendments, including the 16th Amendment (the federal income tax), the 17th Amendment (the direct election of Senators), and the 22nd Amendment (presidential term limits). However, none of these discussions have come close to fruition. Additionally, there has been public debate about repealing the Second Amendment, which guarantees the right to keep and bear arms, but the odds of such an act happening are considered extremely long.

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