Omar Bennett
The United States Constitution has been amended only 27 times since it was drafted in 1787, indicating that the process of amending the Constitution is difficult and time-consuming. In fact, in the history of the United States, only one constitutional amendment has been repealed: in 1933, the 21st Amendment repealed the 18th Amendment, which had prohibited the manufacture and sale of alcohol. There are two ways to repeal an amendment: one is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes and then ratified by three-fourths of the states; the second way is to have a Constitutional Convention, which would require two-thirds of state legislatures to call for it, and then for the drafted amendments to be ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Difficulty level | Very high |
| Possibility | Very low |
| Number of amendments repealed | 1 |
| Name of the repealed amendment | 18th Amendment |
| Year of repeal | 1933 |
| Method of repeal | Ratification of another amendment |
| Number of proposed amendments | 11,699 |
| Number of amendments | 27 |
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What You'll Learn
The rarity of constitutional amendments being repealed
In the history of the United States, only one constitutional amendment has been repealed. In 1933, the 21st Amendment repealed the 18th Amendment, which had prohibited the manufacture, transportation, and sale of alcohol. This amendment, also known as \"Prohibition,\" is the only one to have been repealed with the adoption of a subsequent amendment.
The process of repealing a constitutional amendment is similar to the process of creating a new amendment. A proposed amendment must be passed by a two-thirds majority in both the House and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Then, the amendment must be ratified by three-fourths of the states. This two-step process, requiring approval from both Congress and the states, makes it challenging to repeal an amendment.
While there have been discussions about repealing other amendments, such as the 16th Amendment (federal income tax), the 17th Amendment (direct election of Senators), the 22nd Amendment (presidential term limits), and the Second Amendment (right to bear arms), none of these discussions have come close to fruition. The high bar for repealing a constitutional amendment ensures that any changes to the Constitution are carefully considered and reflect the will of the majority.
The rarity of constitutional amendment repeals highlights the enduring nature of the Constitution and its ability to adapt to societal changes while maintaining a stable framework for governing the nation. While amendments can be proposed and debated, the rigorous process helps preserve the integrity and longevity of the Constitution.
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The Second Amendment and the controversy surrounding its potential repeal
The Second Amendment to the United States Constitution is a highly controversial topic that has sparked intense debates about gun control and the right to bear arms. The amendment states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." While some interpret this as an individual right to gun ownership, others argue it applies only to militia organizations like the National Guard.
The Second Amendment was rooted in the English Declaration of Rights and the English Bill of Rights, which acknowledged the right to bear arms while allowing for laws and restrictions on gun ownership. In the US, the Second Amendment was influenced by concerns about political corruption and governmental tyranny during the Revolutionary period. Federalists and Anti-federalists disagreed over the role of the federal government in arming militias, with Anti-federalists seeking to sharply curtail its military power.
The potential repeal of the Second Amendment has been a subject of discussion and controversy. Gun violence in the US has become a critical issue, with increasing calls for stricter gun control measures. Some, like retired Supreme Court Justice John Paul Stevens, have proposed repealing the Second Amendment altogether, arguing that it is necessary to address the gun violence epidemic. However, the likelihood of such a repeal is extremely low. Changing the Constitution is a challenging process, and the high threshold for amendment makes it difficult even to pass gun control legislation in Congress.
There are two ways to repeal a constitutional amendment in the US. The first method requires a proposed amendment to be passed by two-thirds of both the House and the Senate. This would then need to be ratified by three-fourths of the states. The second method involves a Constitutional Convention called for by two-thirds of state legislatures. The states would draft amendments, which would again need to be ratified by three-fourths of the states. Despite the ongoing debate, the Second Amendment remains in place, and any potential repeal faces significant political and procedural hurdles.
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The two ways to repeal an amendment
The United States Constitution was written "to endure for ages to come". Changing or repealing an amendment is, therefore, a difficult task. In fact, in the history of the United States, only one constitutional amendment has been repealed.
There are two ways to repeal an amendment. One way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. This method has been used 27 times since the Constitution was drafted in 1787.
The second way to repeal an amendment is to have a Constitutional Convention. It would take two-thirds of state legislatures to call for this convention, and the states would draft amendments, which would have to be ratified by three-fourths of the states. This method has never been used.
The first method is more common, but both require a high threshold of support to make changes to the Constitution. This is by design, as the framers of the Constitution wanted to ensure that any amendments would have a major impact and improve, correct, or otherwise revise the original document.
The only amendment that has ever been repealed is the 18th Amendment, which prohibited the making, transportation, and sale of alcohol. It was repealed by the 21st Amendment in 1933.
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The 18th Amendment as the only repealed amendment
The 18th Amendment, which prohibited the making, transportation, and sale of alcohol, is the only amendment in American history to be repealed. It was repealed by the 21st Amendment on December 5, 1933, and is significant for the unique collection of political, social, and industrial movements that surrounded it.
The 18th Amendment emerged from the organized efforts of the temperance movement and the Anti-Saloon League, which attributed to alcohol many of society's ills. The movement argued that prohibition would eliminate poverty and ameliorate social problems such as immoral sexual behavior, violence, political corruption, domestic violence, and prostitution. The amendment passed both chambers of the U.S. Congress in December 1917 and was ratified by the requisite three-fourths of the states on January 16, 1919.
However, the act was largely a failure, as it was unable to prevent the mass distribution of alcoholic beverages and inadvertently caused a massive increase in organized crime. Alcohol smuggling (rum-running or bootlegging) and illicit bars (speakeasies) became popular in many areas. Public sentiment began to turn against Prohibition during the 1920s, and the Great Depression only hastened its demise, as opponents argued that the ban on alcohol denied jobs to the unemployed and much-needed revenue to the government. Franklin D. Roosevelt's 1932 presidential campaign included a plan for repealing the 18th Amendment, and his victory that November led to the end of Prohibition.
There are two ways to repeal a constitutional amendment. The first is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes, and then ratified by three-fourths of the states. The second way is to have a Constitutional Convention, which would require two-thirds of state legislatures to call for it, and then the proposed amendments would have to be ratified by three-fourths of the states.
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The difficulty of amending the constitution
The United States Constitution was crafted to endure the ages, and its framers made it challenging to amend. The Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, the Bill of Rights, adopted in 1789. The process of amending the Constitution is deliberately difficult and time-consuming.
Amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. A proposed amendment must be passed by a two-thirds majority in both the House and the Senate, or by two-thirds of state legislatures calling for a constitutional convention. Then, for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states. This can be a lengthy process, and only 27 amendments have been added to the Constitution since its inception.
In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, ratified in 1933, repealed the 18th Amendment, which had prohibited the manufacture, transportation, and sale of alcohol. The 21st Amendment not only repealed Prohibition but also gave states the power to define alcohol laws within their borders.
While thousands of amendments have been proposed, the process of amending the Constitution is intentionally challenging, and it is rare for amendments to be added or repealed. The high threshold for amending the Constitution underscores its enduring significance and the framers' intention to prevent frivolous or haphazard changes.
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Frequently asked questions
A constitutional amendment is a change or addition to the language of a country's constitution. Amendments are typically proposed by a country's legislative body and must be ratified or approved by either a supermajority of that body or a supermajority of separate ratifying conventions.
It is very difficult to repeal a constitutional amendment. In the history of the United States, only one constitutional amendment has been repealed. The odds of any constitutional amendment being repealed are roughly the same as a person living to 80 years old and being struck by lightning during their lifetime.
There are two ways to repeal a constitutional amendment. The first way is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes. Then, the proposed amendment would have to be ratified by three-fourths of the states. The second way to repeal an amendment is to have a Constitutional Convention. It would take two-thirds of state legislatures to call for this convention, and the states would draft amendments, which would have to be ratified by three-fourths of the states.
Yes, in 2018, former Supreme Court Justice John Paul Stevens called for the repeal of the Second Amendment in an op-ed in the New York Times. Stevens argued that the Second Amendment, which guarantees the right to keep and bear arms, should be rewritten to only pertain to state militias.
Yes, in recent years, three other amendments have been the subject of repeal discussions: the 17th Amendment (the direct election of senators), the 16th Amendment (the federal income tax), and the 22nd Amendment (presidential term limits). However, none of these discussions came close to fruition.
