Isabella Carter
The process of amending the US Constitution is intentionally challenging, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with the 50 states amending their constitutions around 7,000 times. Only one amendment to the US Constitution has been repealed: the 21st Amendment repealed the 18th Amendment, which had established Prohibition. An amendment can be proposed by two-thirds of the House and Senate or by two-thirds of state legislatures calling for a constitutional convention. For an amendment to be ratified, three-quarters of the states must approve it.
| Characteristics | Values |
|---|---|
| Number of times a constitutional amendment has been repealed | Once |
| Amendment that was repealed | 18th Amendment |
| Amendment that repealed the 18th Amendment | 21st Amendment |
| Amendments that have been subject to repeal talks | 16th Amendment, 17th Amendment, 22nd Amendment, Second Amendment |
| Number of times the Constitution has been amended | 27 |
| Number of times state constitutions have been amended | 7,000 |
| States that amend their constitutions the most | Alabama, Louisiana, South Carolina, Texas, California |
| States that amend their constitutions the least | Tennessee, Kentucky, Indiana, Illinois, Vermont |
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What You'll Learn
The odds of a constitutional amendment being repealed
Amending the Constitution was never meant to be a simple task. In the history of the United States, only one constitutional amendment has been repealed—the 21st Amendment, which repealed the 18th Amendment, thereby ending the prohibition on alcohol. The odds of a constitutional amendment being repealed are extremely slim and are comparable to an 80-year-old person being struck by lightning during their lifetime.
The process of amending the Constitution is intentionally challenging. The document's framers recognized that it would need to be amended, but they also understood that amendments should not be made lightly or without careful consideration. As a result, the Constitution has only been amended 27 times, despite thousands of proposed amendments.
To repeal a constitutional amendment, another amendment must be proposed and ratified. This can be done through one of two methods: by a vote of two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. The second method has only been specified by Congress on one occasion, which was for the 21st Amendment.
While there have been discussions about repealing other amendments, such as the 16th Amendment on federal income tax and the 22nd Amendment on presidential term limits, none of these discussions have gained significant traction. The Second Amendment, which guarantees the right to bear arms, has also faced scrutiny, but the chances of it being repealed are even more remote given its roots in the English Declaration of Rights.
In summary, the odds of a constitutional amendment being repealed are incredibly low. The process of amending the Constitution is deliberately challenging, and the repeal of an amendment requires the same rigorous steps as any other amendment. As a result, the repeal of the 18th Amendment remains the only instance of a constitutional amendment being overturned in the history of the United States.
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The 18th Amendment: the only amendment repealed by the states
In the history of the United States, only one constitutional amendment has been repealed by the states, and that is the 18th Amendment, also known as "Prohibition". This amendment, proposed by Congress in 1917 and ratified in 1919, banned the manufacture, sale, and transportation of alcohol in the country. It was the result of decades of effort by the temperance movement, which argued that prohibition would reduce poverty and other societal problems.
However, the act proved largely ineffective, as it was difficult to enforce nationwide. Alcohol smuggling and illicit bars became popular, and public sentiment began to turn against Prohibition during the 1920s. The Great Depression further hastened its demise, as opponents argued that the ban denied jobs to the unemployed and revenue to the government. The nonpartisan Association Against the Prohibition Amendment (AAPA) also added to public disillusionment.
In 1932, Democratic presidential candidate Franklin D. Roosevelt included a plan to repeal the 18th Amendment in his platform, and his victory that November led to the end of Prohibition. In February 1933, Congress proposed the 21st Amendment, which repealed the 18th Amendment and modified the Volstead Act to permit the sale of beer. The 21st Amendment was ratified on December 5, 1933, and it is unique in both the way it was ratified and its purpose to repeal a previous constitutional amendment.
Constitutional amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. While thousands of amendments have been discussed, there are only 27 amendments in the Constitution, indicating that the process of amending the Constitution was designed to be challenging. Any existing constitutional amendment can be repealed but only by the ratification of another amendment, which is why repeals are very rare.
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State constitutions are easier to amend than federal
Amending the US Constitution is a challenging process, and it has only been amended 27 times in the country's history. The process of amending the Constitution was designed to be difficult, and while thousands of amendments have been discussed, very few have been ratified. The US Constitution can be amended by Congress or through a constitutional convention called for by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states.
On the other hand, state constitutions are much easier to amend, and amendments are adopted regularly. State legislatures generate more than 80% of constitutional amendments considered and approved annually. States vary in their requirements for legislatures to craft amendments, with some requiring majority support and others requiring supermajority support. The easiest route to legislative approval of amendments is to allow approval by a majority vote in a single session, which is possible in 10 states. Citizen-initiated amendments are also possible in several states, although they make up fewer than 2 out of every 10 amendments adopted each year. In 18 states, voters can place a constitutional amendment directly on the ballot without legislative involvement if they collect enough signatures.
The current constitutions of the 50 states have been amended around 7,000 times. Some states, like Alabama, Louisiana, South Carolina, Texas, and California, amend their constitutions more frequently, with amendments being passed three to four times per year on average. Other states, like Tennessee, Kentucky, Indiana, Illinois, and Vermont, amend their constitutions less frequently, with amendments being passed only once every three to four years on average.
The ease of amending state constitutions allows states to protect additional rights beyond those provided by the US Constitution. For example, Michigan voters approved a constitutional amendment guaranteeing the "fundamental right to vote," and Nevada adopted a state-level Equal Rights Amendment. These amendments strengthen individual liberties and provide protections beyond those required by federal law.
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The process of amending the Constitution
Amendments can originate from two sources: Congress or state legislatures. When two-thirds of Congress agree to propose an amendment, it is then sent to the states for ratification. Alternatively, two-thirds of state legislatures can demand a constitutional convention to propose amendments. This method, though provided for in Article V, has never been used. The threat of this method, however, has prompted Congress to propose amendments on its own initiative.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur through one of two methods, as determined by Congress: three-fourths of state legislatures or three-fourths of state ratifying conventions must approve the proposed amendment. The latter method has only been specified by Congress once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment (Prohibition).
State constitutions, in contrast to the federal Constitution, are amended regularly and with greater ease. The current constitutions of the 50 states have been amended approximately 7,000 times. The frequency of amendments varies among states, with Alabama, Louisiana, South Carolina, Texas, and California amending their constitutions more than three to four times per year, on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont make amendments less frequently, with changes occurring only once every three to four years, on average.
Amending state constitutions also offers multiple paths. Citizen-initiated amendments, for example, must secure support from a certain percentage of legislators and voters. The specific requirements differ across states, with Arizona and Oklahoma having the highest bar for citizen-initiated amendments, while Massachusetts has the lowest.
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Amendments must be ratified by three-fourths of states
Amending the US Constitution is a challenging process. It has only been amended 27 times since the original document was approved in 1788. The process of amending the Constitution is outlined in Article V of the US Constitution.
Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. However, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states. This can be done through one of two methods: the first method requires ratification by three-fourths of the state legislatures, while the second method requires ratification by three-fourths of state ratifying conventions, as specified by Congress.
The high bar for ratification by the states ensures that any changes to the Constitution are carefully considered and broadly supported. It is worth noting that state constitutions are much easier to modify than the federal Constitution, with the current constitutions of the 50 states having been amended around 7,000 times.
In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment (Prohibition) in 1933. This amendment not only repealed the broad prohibition on alcohol but also gave states the power to define alcohol laws within their borders. While other amendments have been discussed for repeal, none have come close to fruition.
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Frequently asked questions
Yes, only one constitutional amendment has been repealed by the states. In 1933, the 21st Amendment repealed the 18th Amendment, which banned the manufacture and sale of alcohol in the United States.
A constitutional amendment can be repealed by the ratification of another amendment. Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The odds of repealing a constitutional amendment are extremely low. In fact, it is said that the chances are roughly the same as a person living to 80 years old being struck by lightning during their lifetime.
State constitutions are amended regularly, with the current constitutions of the 50 states having been amended around 7,000 times. The frequency of amendments varies by state. For example, Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions only once every three to four years, on average.
