Simone Lawson
The process of amending the US Constitution is a difficult and time-consuming endeavour. The Constitution has been amended only 27 times since it was drafted in 1787, and only one amendment—the 18th Amendment, which established Prohibition—has been repealed by the states. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. This ensures that any changes to the Constitution reflect the consensus of a significant portion of the country. The amendment process is designed to be challenging, requiring broad support and impacting a large portion of the population or securing citizens' rights.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Amendments proposed by constitutional convention | 0 |
| Amendments proposed by Congress | 27 |
| Amendments that have been repealed | 1 (the 18th Amendment) |
| Amendments that have been proposed but not ratified | 6 |
| Amendments that have been ratified but not by three-fourths of the States | 21st Amendment (ratified by 36 states) |
| Year of the most recent amendment | 1992 |
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What You'll Learn
The 18th Amendment was repealed by the 21st Amendment
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was ratified on January 16, 1919. The amendment was the result of decades of effort by the temperance movement, which argued that banning the sale of alcohol would eliminate poverty and other societal issues. Despite the amendment, alcohol consumption continued, and distribution also persisted, with alcohol smuggling and illicit bars becoming popular.
By the 1920s, public sentiment had turned against Prohibition, and the onset of the Great Depression further hastened its demise. Opponents argued that Prohibition denied jobs to the unemployed and much-needed revenue to the government. The efforts of nonpartisan groups like the Association Against the Prohibition Amendment (AAPA) further added to public disillusionment.
In the 1932 presidential election, Franklin D. Roosevelt ran on a platform that included repealing the 18th Amendment, and his victory marked the end of Prohibition. In February 1933, Congress proposed the 21st Amendment, which would repeal the 18th Amendment and modify the Volstead Act to permit the sale of beer. The resolution required approval through state conventions, reducing the process to a one-state, one-vote referendum.
On December 5, 1933, the 21st Amendment was ratified, becoming the only constitutional amendment in American history to repeal a previous amendment. In addition to repealing Prohibition, the 21st Amendment gave states the authority to define alcohol laws within their borders.
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Amendments require bipartisan support
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, which were ratified in 1789 as the Bill of Rights. Amending the Constitution is a challenging and time-consuming process, as the framers intended it to be a durable document. The process requires bipartisan support, which can be challenging to attain in a highly partisan political climate.
The authority to amend the Constitution is derived from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This means that in the current two-party system, where no party holds a two-thirds majority, bipartisan support is necessary for any amendment to pass. The proposed amendment is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This requirement further underscores the need for bipartisan support, as an amendment that aligns solely with one party's ideology is unlikely to gain sufficient ratification from state legislatures.
In recent years, several amendments have been proposed but failed to gain the necessary support for ratification. These include the ERA Amendment in the 1980s and the District of Columbia Voting Rights Amendment in 1985. Additionally, there has been discussion about repealing certain amendments, such as the 17th Amendment (direct election of Senators) and the 16th Amendment (federal income tax). However, the odds of repealing an amendment are extremely slim, comparable to the odds of a person being struck by lightning during their lifetime.
The difficulty in amending the Constitution is intentional and serves to protect the document's integrity and longevity. While it may be challenging to secure the necessary bipartisan support, it ensures that any changes made to the Constitution reflect the values and interests of a significant portion of the country.
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Amendments are proposed by Congress
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal.
Since 1789, approximately 11,699 amendment changes have been proposed in Congress, with 33 amendments to the Constitution being proposed by the United States Congress and sent to the states for ratification. Twenty-seven of those amendments have been ratified by the requisite number of states and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified in 1789. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
Six amendments have been approved by Congress but have not been ratified by the required number of states. Four of these amendments are still pending, one has failed by its own terms, and another has failed by the terms of the resolution proposing it. In recent years, the chances of any constitutional amendment being repealed are slim, with the National Weather Service data estimating the odds to be similar to a person living to 80 years old and being struck by lightning during their lifetime.
The process of amending the Constitution involves several steps and requires the collaboration of various entities, including Congress, the Office of the Federal Register (OFR), and the states. The proposal of amendments by Congress is just the first step in this process, which ultimately leads to the ratification and implementation of amendments that shape the Constitution and the nation.
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Amendments require ratification by three-fourths of states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed by either Congress or a constitutional convention. Congress can propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. A constitutional convention can also propose amendments if two-thirds of the State legislatures call for one.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. There are two methods for states to ratify amendments: the first method requires ratification by the legislatures of three-fourths of the states, and the second method involves ratification by conventions in three-fourths of the states. Congress determines which method the states must follow for a proposed amendment to be ratified.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register. The Director examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once an amendment is ratified by the required number of states, the Archivist certifies 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. The signing of the certification has become a ceremonial function attended by various dignitaries, including the President on some occasions.
Since the Constitution was put into operation in 1789, Congress has proposed 33 amendments, and 27 of these have been ratified by the requisite number of states. The chances of any constitutional amendment being repealed are extremely slim, and only one amendment, the 18th Amendment establishing Prohibition, has been repealed by the states through the 21st Amendment in 1933.
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No attempts to repeal the first 10 amendments
The Constitution of the United States is a remarkably durable document, with no amendments to the Bill of Rights having ever been repealed. The Bill of Rights comprises the first 10 amendments to the Constitution, which were ratified in 1789. While there has been public debate and discussion around repealing some of these amendments, particularly the Second Amendment, no formal action has been taken.
The process of repealing an amendment is complex and challenging. According to Article V of the Constitution, an amendment can be proposed by 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. However, the ratification process is where the challenge lies. For an amendment to be repealed and replaced with a new one, three-quarters of the states (38 out of 50) must vote to ratify it.
In the history of the United States, only one amendment has ever been repealed—the 18th Amendment, which established Prohibition and was ratified in 1919. The process of repealing this amendment, which involved the unique use of state conventions rather than state legislatures, was driven by the growing unpopularity of Prohibition and the rise of organised crime and lawlessness associated with it. The 21st Amendment, which repealed the 18th Amendment, was ratified in 1933 and also gave states the authority to define their own alcohol laws.
While there has been some recent talk of repealing other amendments, such as the 16th, 17th, and 22nd Amendments, these discussions have not gained significant traction. The odds of repealing an amendment are indeed very slim, as highlighted by the National Weather Service data, which suggests that the chance of any constitutional amendment being repealed is similar to an 80-year-old being struck by lightning during their lifetime.
In summary, while there may be ongoing discussions and debates about certain amendments, no attempts have been made to repeal any of the first 10 amendments to the Constitution, also known as the Bill of Rights. The complexity of the amendment process and the high bar for ratification make it a challenging endeavour, underscoring the enduring nature of the Constitution's foundational principles.
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Frequently asked questions
Yes, the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment in 1933. This is the only amendment to have been repealed.
It is very difficult. The US Constitution provides two methods for ratifying constitutional amendments. The first method is ratification by three-fourths of state legislatures, and the second is ratification by state conventions. The second method has only been used once, for the repeal of the 18th Amendment.
While there have been discussions around repealing other amendments, such as the 16th and 17th Amendments, no serious attempt to repeal any of the first ten amendments (the Bill of Rights) has ever been submitted to Congress.
