Isabella Carter
The process of amending the US Constitution is outlined in Article V of the Constitution. While it is challenging to repeal an amendment to the Constitution, it is not impossible. The Eighteenth Amendment, which prohibited the manufacture, sale, and transportation of alcohol, was repealed by the Twenty-First Amendment in 1933. This is the only instance of a constitutional amendment being repealed by the states. The process of repeal requires a proposal by two-thirds of the House and Senate or a constitutional convention called for by two-thirds of the state legislatures. The odds of repealing a constitutional amendment are extremely slim, comparable to an 80-year-old being struck by lightning. Despite this, there have been recent discussions about repealing amendments such as the Seventeenth, Sixteenth, and Twenty-Second Amendments, although none of these talks gained significant traction.
| Characteristics | Values |
|---|---|
| How to repeal an amendment to the state constitution | Requires a proposal by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures |
| How amendments become part of the Constitution | Ratified by three-fourths of the state legislatures or by conventions in three-fourths of the state legislatures |
| Number of amendments that have been proposed in Congress | 11,699 |
| Number of amendments that have been approved by Congress but never ratified by the states | 6 |
| Number of amendments that have been repealed | 1 (the 18th Amendment) |
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What You'll Learn
The rarity of repealing constitutional amendments
The process of repealing a constitutional amendment is a challenging and rare occurrence. The odds of repealing an amendment are extremely slim, comparable to an 80-year-old individual being struck by lightning during their lifetime. In the history of the United States, only one amendment, the 18th Amendment, which established Prohibition, has been repealed by the states. This was achieved through the ratification of the 21st Amendment, which not only repealed Prohibition but also granted states the authority to define alcohol laws within their borders.
The high bar set by the Constitution for amending or repealing its provisions ensures stability and continuity in the nation's fundamental laws. It prevents impulsive or short-sighted changes to the Constitution and safeguards the rights and principles enshrined within it. However, it also means that once an amendment is added to the Constitution, it becomes deeply entrenched and extremely difficult to remove or alter.
While there have been discussions about repealing other amendments, such as the 16th Amendment (federal income tax), the 17th Amendment (direct election of Senators), and the 22nd Amendment (presidential term limits), none of these talks have gained significant traction. The process of repealing an amendment is not only challenging due to the procedural hurdles but also because it requires building a broad consensus across a diverse range of political ideologies and interests.
In conclusion, the rarity of repealing constitutional amendments underscores the enduring nature of the United States Constitution. While the process of amendment and repeal is an essential feature of the Constitution's flexibility and adaptability, the high threshold for making such changes ensures that the nation's founding document remains a stable foundation for the country's legal and political systems.
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The Eighteenth Amendment: the only amendment repealed by states
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, is the only amendment to have been ratified and later repealed by the states. Proposed by Congress in December 1917, the amendment was ratified by the requisite number of states on January 16, 1919, and came into effect on January 16, 1920.
The Eighteenth Amendment prohibited the manufacture, sale, distribution, and transportation of alcohol across the country. However, it did not explicitly forbid the consumption, possession, or production of alcohol for private, personal use. The amendment was the result of decades of efforts by the temperance movement, which argued that a ban on alcohol would eliminate poverty and other societal problems such as immoral sexual behaviour, violence, and political corruption.
Despite the amendment, alcohol consumption continued in the United States through illegal means, such as smuggling (known as rum-running or bootlegging) and illicit bars (speakeasies). Criminal organisations, such as Al Capone's Chicago Outfit, became heavily involved in the illegal alcohol trade. Public sentiment towards the amendment gradually became more negative, and in 1932, Franklin D. Roosevelt called for its repeal.
On December 5, 1933, the Eighteenth Amendment was repealed by the Twenty-first Amendment, which modified the Volstead Act to permit the sale of beer. The Twenty-first Amendment also added language to the Constitution, allowing states to define alcohol laws within their borders.
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The ratification process
The OFR plays a crucial role in the ratification process. It adds legislative history notes to the joint resolution and publishes it in slip law format. Additionally, it assembles an information package for the states, which includes formal copies of the joint resolution. The OFR also examines ratification documents for legal sufficiency and authenticating signatures. When a state ratifies a proposed amendment, it sends the OFR an original or certified copy of the state action. The OFR maintains custody of these documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states, or 38 out of 50 states. This can be achieved through the state legislatures or state ratifying conventions, with Congress determining the method of ratification. Once the OFR verifies that it has received the required number of authenticated ratification documents, it 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 serves as official notice to Congress and the nation that the amendment process is complete.
It is important to note that the President does not have a constitutional role in the amendment or ratification process. The ratification process for amendments to the state constitution is a detailed and structured procedure, ensuring a careful and deliberate approach to any changes made to the Constitution.
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Article V: the authority to amend the Constitution
Article V of the US Constitution outlines the authority to amend the Constitution. It establishes two methods for proposing amendments: the first requires two-thirds of both Houses of Congress to propose an amendment, and the second allows for Congress to call a convention for proposing amendments upon the request of two-thirds of state legislatures.
Congress has used Article V's procedures to propose thirty-three constitutional amendments, with twenty-seven of these being ratified by the states. The first ten amendments, known as the Bill of Rights, were ratified in 1789. Six amendments have been approved by Congress but never fully ratified by the states.
Article V also sets out two methods for states to ratify amendments: the first requires ratification by three-fourths of state legislatures, and the second by three-fourths of state ratifying conventions. Congress determines which method the states must follow for a proposed amendment to become effective. To date, only one amendment has been ratified by state conventions—the Twenty-First Amendment, which repealed the Eighteenth Amendment that established Prohibition.
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 duties associated with this function to the Director of the Federal Register. Once the OFR verifies that the required number of authenticated ratification documents has been received, it 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 serves as official notice that the amendment process is complete.
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The role of the Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The role of the Archivist is to supervise and direct the National Archives. The Archivist is responsible for the preservation of the records of the U.S. government and making them accessible to the public. This includes paper documents, photographs, maps, films, and computer records. The Archivist also maintains custody of state ratifications of amendments to the Constitution. For instance, if three-quarters of the states approve a proposed amendment, the Archivist issues a certificate proclaiming it duly ratified and part of the Constitution. The Archivist also receives the original version of all statutes of the United States once enacted.
In addition, the Archivist has duties concerning the custody of Electoral College documents in U.S. presidential elections, such as certificates of ascertainment declaring the names of the presidential electors chosen in each state. The Archivist also receives joint resolutions and acts of Congress signed into law by the president. If a bill becomes law without the president's approval or veto, or if a presidential veto is overridden, the new law is transmitted to the Archivist.
The Archivist is appointed by the President of the United States and confirmed by the Senate. The first Archivist, R. D. W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress. The current Archivist is Dr. Colleen Shogan, who assumed office in May 2023. Shogan is the 11th Archivist and the first woman to hold the position permanently.
Amendments to the state constitution can be repealed, although it is a challenging process. The Constitution's Article V outlines that an amendment must be proposed by two-thirds of the House and Senate or by a constitutional convention called for by two-thirds of the state legislatures. The 18th Amendment, which established Prohibition, is the only amendment that has been repealed by the states. The 21st Amendment, ratified in 1933, repealed the broad prohibition on alcohol and gave states the power to define alcohol laws within their borders.
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Frequently asked questions
Yes, amendments to the state constitution can be repealed. The authority to amend the Constitution comes from Article V of the Constitution. Amendments can be ratified by the Legislatures of three-fourths of the states or by conventions in three-fourths of the states.
Only one amendment has been repealed by the states. The 18th Amendment, which established Prohibition, was repealed by the 21st Amendment.
The first step to repeal an amendment is for two-thirds of the House and Senate to propose a new amendment. Then, the Archivist of the United States administers the ratification process. The amendment is ratified once three-fourths of the states approve it.
