Malcolm Rivera
The US Constitution has never been repealed, but it has been amended several times. The only amendment to have been repealed is the Eighteenth Amendment, which was repealed by the Twenty-first Amendment in 1933. The Eighteenth Amendment had mandated a nationwide prohibition on alcohol, but it proved to be highly unpopular and led to the rise of organised crime. The Twenty-first Amendment is also unique in that it is the only amendment to have been ratified by state ratifying conventions. While there have been attempts to repeal other parts of the Constitution, such as the citizenship guarantee in the Fourteenth Amendment, these have not succeeded as amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states.
| Characteristics | Values |
|---|---|
| Number of provisions of the US Constitution that have been repealed | 1 |
| Name of the provision | Eighteenth Amendment |
| Year of repeal | 1933 |
| Subject of the provision | Prohibition of alcohol |
| Amendment that repealed the Eighteenth Amendment | Twenty-first Amendment |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Latest attempt to repeal a provision of the US Constitution | 2023 |
| Provision that was attempted to be repealed | Citizenship guarantee in the Fourteenth Amendment |
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What You'll Learn
The 21st Amendment repealed the 18th Amendment
The Eighteenth Amendment to the United States Constitution, ratified in 1919, mandated a nationwide prohibition on alcohol. The amendment was the result of years of advocacy by the temperance movement, which had become a powerful political force in the late 19th century. However, Prohibition proved to be highly unpopular, with many Americans continuing to drink despite the amendment. This gave rise to a profitable black market for alcohol, fueling the rise of organized crime.
By the early 1930s, Prohibition had lost popular support due to its failure to enforce sobriety and its high economic costs. In response, Congress passed the Twenty-first Amendment, with its repeal provision, in February 1933. The amendment proposed for ratification included language that had never been used before: state conventions, rather than state legislatures, would be called for ratification votes, out of fear that the temperance lobby would influence state lawmakers.
On December 5, 1933, Utah became the 36th state to approve the amendment, achieving the requisite three-fourths majority of states' approval. With the ratification of the Twenty-first Amendment, the Eighteenth Amendment was officially repealed, bringing an end to the era of national prohibition of alcohol in America. The Twenty-first Amendment is unique among the amendments to the U.S. Constitution for being the only one to repeal a prior amendment and the only one to be ratified by state ratifying conventions.
After the repeal of Prohibition, some states continued to enforce temperance laws within their borders. Mississippi, the last dry state in the Union, ended Prohibition in 1966, while Kansas lifted its ban on public bars in 1987. In the decades since the Twenty-first Amendment, a series of Supreme Court decisions have been made regarding the interpretation and application of the amendment, particularly in relation to the Commerce Clause and the Dormant Commerce Clause.
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The 21st Amendment ended Prohibition
The Eighteenth Amendment to the United States Constitution, which mandated a nationwide prohibition on alcohol, was ratified on January 16, 1919. This was the result of years of advocacy by the temperance movement. However, as the years went by, more and more Americans began to oppose the amendment, and a political movement for its repeal grew. By the 1930s, overall public sentiment towards Prohibition had flipped from positive to negative.
The Eighteenth Amendment's enactment led to the Volstead Act, which enforced the nationwide ban on alcohol. Despite this, many Americans continued to drink, and the amendment resulted in a profitable black market for alcohol, fuelling the rise of organised crime. Illegal alcohol production centres also grew ties with organised crime organisations, such as the Chicago Outfit under mob boss Al Capone.
As grassroots politics complicated the repeal, the Congress adopted the Blaine Act, which proposed the Twenty-first Amendment, on February 20, 1933. This amendment was unique in two ways. Firstly, it was the only amendment to have been ratified by state ratifying conventions, specifically selected for the purpose out of fear that the temperance lobby would influence state lawmakers. Secondly, it was the only amendment to repeal a prior amendment.
The Twenty-first Amendment was ratified on December 5, 1933, officially ending national Prohibition. While the ban on alcohol was lifted, Section 2 of the amendment gave states the power to regulate the sale, manufacture, and transportation of alcohol within their borders. Several states continued to be "dry states" in the years after the repeal, and many continue to closely regulate the distribution of alcohol.
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Congress cannot repeal the Constitution
The U.S. Constitution is a remarkably enduring document, and the process of amending it is deliberately challenging. While Congress is free to propose amendments, it cannot repeal the Constitution by simply passing a new bill. The Constitution's Article V outlines a specific process for amending the nation's founding document.
To amend the Constitution, a proposal must be approved by a two-thirds majority in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. This is an intentionally high bar, ensuring that any changes to the Constitution reflect a broad national consensus.
Once an amendment is proposed, it must be ratified by three-quarters of the states to become part of the Constitution. This requirement underscores the role of the states in the constitutional process and ensures that any alteration to the nation's foundational document has widespread support across the country.
The 21st Amendment, which repealed the 18th Amendment and ended Prohibition, is a notable example of the amendment process in action. It is the only amendment to have been ratified by state ratifying conventions, specifically chosen for this purpose to avoid the influence of the temperance lobby on state lawmakers.
While the process of amending the Constitution is challenging, it is not impossible. The 27th Amendment, ratified in 1992, is the most recent addition. This amendment prevents Congress from changing its own compensation during a term in progress, addressing a concern that dates back to the founding of the nation.
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Amendments require state ratification
The US Constitution provides two methods for ratifying constitutional amendments: ratification by state legislatures of three-fourths of the states, and ratification by state conventions. However, only the former method had been used until the ratification of the 21st Amendment, which repealed the 18th Amendment that prohibited alcohol.
The 21st Amendment is unique among the 27 amendments of the US Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions. The 21st Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933.
The process of ratifying an amendment usually begins with Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The Archivist of the United States then submits the proposed amendment to the states for their consideration. The amendment becomes part of the Constitution when it has been ratified by three-fourths (38) of the states.
Six amendments have been approved by Congress but never fully ratified by the states, with the District of Columbia Voting Rights Amendment being the last one that failed to get approval in 1985. The 27th Amendment, which was the most recent amendment added to the Constitution in 1992, prevented Congress from changing its own compensation during a term in progress.
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Six amendments were approved but not ratified
The process of getting an amendment ratified is not an easy one. In the history of the US Constitution, 27 changes have been made through the Amendment process. However, six amendments have been approved by Congress but never ratified by the states.
The Corwin Amendment, proposed in 1861, is one such example. It guaranteed the right of states that had legalised slavery to maintain it. While it was approved by Congress, it was only ratified by two states (and possibly a third).
Another amendment that failed to be ratified was the Titles of Nobility Amendment, which stated that any citizen who accepted a title of nobility from a foreign power or a gift from a foreign power without the consent of Congress would no longer be considered a US citizen. This amendment was ratified by twelve states, but there is debate about whether it was officially ratified.
The District of Columbia Voting Rights Amendment, proposed in 1978, is another example. It sought to grant citizens of Washington, D.C., full representation in Congress and repeal the 23rd Amendment, which gave the District votes in the Electoral College. However, it expired unratified in 1985.
The Child Labor Amendment, which would have granted Congress the power to regulate the labour of children under 18, has also been ratified by 28 states but has not been officially ratified.
Finally, an amendment proposed in 1893 by U.S. House Representative Lucas Miller sought to rename the United States "the United States of the Earth." This amendment did not make it past the proposal stage, and Miller was not nominated for a second term in the House.
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Frequently asked questions
Yes, the Eighteenth Amendment, which mandated nationwide prohibition on alcohol, was repealed by the Twenty-first Amendment.
Amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states.
Yes, President Trump attempted to repeal the citizenship guarantee in the Fourteenth Amendment, which guarantees citizenship to all those born in the United States regardless of parentage, skin colour, or ethnicity.
Yes, six amendments have been approved by Congress but never fully ratified by the states, including the District of Columbia Voting Rights Amendment in 1985.
The US Constitution can be interpreted and applied in new ways through court rulings and judicial decisions, such as in the case of United States v. Wong Kim Ark, which affirmed birthright citizenship.
