Isabella Carter
The process of amending the US Constitution is outlined in Article V, which requires that an amendment be proposed by two-thirds of the House and Senate or by a constitutional convention called for by two-thirds of state legislatures. For an amendment to be approved, three-quarters of the states must vote to ratify it. While there have been many attempts to amend the Constitution, only one amendment has ever been repealed – the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment in 1933. The process of repealing an amendment is the same as amending it, and as such, it is extremely rare for an amendment to be repealed. There have, however, been discussions around repealing other amendments, including the 16th Amendment (federal income tax) and the 17th Amendment (direct election of Senators).
| Characteristics | Values |
|---|---|
| Has a constitutional amendment ever been suspended? | Yes, the 18th Amendment was repealed by the 21st Amendment |
| Date of the amendment | 1919 |
| Reason for the amendment | Prohibition of "the manufacture, sale, or transportation of intoxicating liquors" |
| Date of repeal | 1933 |
| Reason for repeal | Prohibition had become unpopular |
| Other amendments considered for repeal | 17th Amendment (direct election of Senators), 16th Amendment (federal income tax) |
| Amendments with no serious attempt of repeal | First, Third, Fourth, Fifth, Ninth Amendments |
| Amendments approved by Congress but not ratified by states | Six amendments, including the District of Columbia Voting Rights Amendment |
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What You'll Learn
- The 18th Amendment, which established Prohibition, was repealed by the 21st Amendment
- The 17th Amendment (direct election of Senators) has been discussed for repeal
- The 16th Amendment (federal income tax) has also been discussed for repeal
- Six amendments approved by Congress were never ratified by states
- The Third Amendment has been interpreted to imply a reasonable expectation of privacy
The 18th Amendment, which established Prohibition, was repealed by the 21st Amendment
The 18th Amendment to the United States Constitution, which established the prohibition of alcohol, was ratified on January 16, 1919. It was the result of decades of effort by the temperance movement, which argued that a ban on the sale of alcohol would reduce poverty and other societal problems such as immoral sexual behaviour and violence. The amendment made the production, transport, and sale of intoxicating liquors illegal, although it did not outlaw the consumption of alcohol.
However, the 18th Amendment proved to be largely ineffective, as it was unable to prevent the mass distribution of alcoholic beverages. It also inadvertently caused a massive increase in organised crime and gave rise to a profitable black market for alcohol. As a result, public sentiment turned against Prohibition by the late 1920s, and a movement to repeal the amendment grew. The Democratic presidential candidate Franklin D. Roosevelt included a plan for repealing the 18th Amendment in his platform, and his victory in November 1932 led to the end of Prohibition.
In February 1933, Congress adopted a resolution proposing the 21st Amendment, which would repeal the 18th Amendment and modify the Volstead Act to permit the sale of beer. The 21st Amendment was ratified on December 5, 1933, and it is the only amendment in American history to repeal a prior amendment. It is also unique in that it was ratified by state ratifying conventions, rather than by state legislatures.
The 21st Amendment expressly repealed the 18th Amendment and banned the importation of alcohol into states and territories that prohibited its consumption. The decision to repeal the 18th Amendment was unprecedented and marked the end of national Prohibition in the United States.
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The 17th Amendment (direct election of Senators) has been discussed for repeal
The 17th Amendment to the United States Constitution, also known as the "direct election of Senators", has been a topic of discussion for repeal in recent years. This amendment, ratified in 1913, established that senators would be directly elected by the voting public during elections, replacing the previous system where senators were chosen by state legislatures.
The push for the 17th Amendment arose from a series of articles published in 1906 by novelist David Graham Phillips, exposing the influence of industrialists and financiers on senators. This galvanized public support for reform, and by 1911, Senator Joseph Bristow of Kansas proposed a resolution to amend the Constitution. The amendment was ratified on April 8, 1913, with Connecticut's approval giving it the required majority.
However, in recent times, the 17th Amendment has faced legal disputes and criticism. Some argue that it has led to senators making decisions based on the demands of their constituents rather than the state legislatures, potentially impacting state loyalty. Certain senators and political analysts have advocated for its repeal, stating that it would protect states' rights and reduce the power of the federal government. Additionally, there have been controversies regarding successor appointments made by state governors, arousing interest in abolishing this provision.
Despite these discussions, the odds of any constitutional amendment being repealed are extremely slim. The 18th Amendment, which established Prohibition, is the only amendment that has been repealed by the states so far, demonstrating the rarity of the repeal process.
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The 16th Amendment (federal income tax) has also been discussed for repeal
The 16th Amendment, which authorises the taxation of income, has been discussed for repeal. Since its passage in 1913, there have been numerous proposals to repeal the amendment, including H.R. 25, also known as the FairTax Act of 2023, which seeks to repeal the amendment, dismantle the IRS, and implement a national sales tax.
Some protesters have argued that because the 16th Amendment does not contain the words "repeal" or "repealed", it is ineffective in changing the law. They also argue that the income tax is an unconstitutional direct tax that should be apportioned among the states, despite court rulings to the contrary. These protesters assert that Congress has no constitutional power to tax labour or income from labour, and that "'income' cannot be interpreted as applying to wages".
However, legal commentators have pointed out that there is no requirement in the Constitution for an amendment to specifically repeal another provision. Additionally, the United States Tax Court has rejected arguments that the 16th Amendment should be interpreted as not repealing or modifying the original Articles of the Constitution.
The discussion around repealing the 16th Amendment and eliminating income tax is often framed as a way to restore constitutional rights and keep earned money in the hands of citizens, rather than politicians or the government. However, it is important to note that the income tax is not a new power of taxation, and that even without the amendment, income from personal services is still taxable.
Overall, while there have been discussions and proposals to repeal the 16th Amendment, it is a complex and unlikely process, as no amendment has been repealed aside from the 18th Amendment, which established Prohibition.
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Six amendments approved by Congress were never ratified by states
Six amendments approved by Congress have never been ratified by the states. The first was the Eighteenth Amendment, which prohibited "the manufacture, sale, or transportation of intoxicating liquors" nationwide. This amendment was later repealed by the Twenty-first Amendment in 1933, just before Franklin Roosevelt became President.
The second was the Corwin Amendment, which was approved by Congress in 1861 and guaranteed the right of states that legalized slavery to keep "persons held to labor or service by the laws of said State." The third was the Equal Rights Amendment, which sought to guarantee equal rights for men and women. The fourth was the District of Columbia Voting Rights Amendment, which sought to provide representation in Congress for the District of Columbia. Sixteen states had ratified this amendment as of its expiration date in 1985.
The fifth was the Titles of Nobility Amendment, which sought to prohibit citizens of the United States from accepting titles of nobility from any foreign government. The sixth was the Child Labor Amendment, which sought to prohibit child labor.
In addition to these six amendments, there have been other instances of proposed amendments that were not ratified by the states. For example, in 1789, twelve proposed amendments were submitted to the states, but only ten of them were ratified and became the Bill of Rights.
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The Third Amendment has been interpreted to imply a reasonable expectation of privacy
The United States Constitution has been amended 17 times since ten of its first amendments, known as the Bill of Rights, were ratified in 1789. Only one amendment, the 18th Amendment that established Prohibition, was later repealed by the states in 1933.
The Third Amendment, also ratified in 1789, states:
> No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The Third Amendment, in its prohibition against the quartering of soldiers "in any house" without the owner's consent, is another facet of privacy. The Fourth Amendment explicitly affirms this right, and the Ninth Amendment provides that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other retained rights. The Fifth Amendment's Self-Incrimination Clause also enables citizens to create a zone of privacy that the government may not force them to surrender.
The reasonable expectation of privacy has been further extended to include the totality of a person's movements captured by tracking their cellphone. While individuals generally lose their expectation of privacy when they disclose information to a third party, the Supreme Court has extended Fourth Amendment protections to CSLI data generated by a cellphone as the disclosure is not voluntary, and phone companies keep the records for years. Additionally, the invasive nature of the scope of information that can be gathered by tracking a person's movements for extended periods is also considered.
The interpretation of the Third Amendment as implying a reasonable expectation of privacy is further reinforced by the original intent of the amendment. When the amendment was written in the eighteenth century, Americans believed that the issue of quartering troops in private homes was of great significance. The amendment emphasizes the importance of civilian control over the military and can be interpreted to apply to the government's response to terror attacks, natural disasters, and issues involving eminent domain and police militarization.
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Frequently asked questions
Yes, the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment in 1933.
The 21st Amendment was passed by a vote of three-quarters of the states, with state conventions being called for ratification votes instead of state legislatures.
While there have been discussions around repealing certain amendments, there has never been a serious attempt to repeal any of the Bill of Rights amendments (the first 10 amendments).
The Senate historian estimates that approximately 11,699 amendment changes have been proposed in Congress through 2016.
Yes, six amendments have been approved by Congress but never fully ratified by the states, with the District of Columbia Voting Rights Amendment being the most recent example in 1985.
