Simone Lawson
The process of amending the United States Constitution is deliberately difficult and time-consuming. Since the Constitution was drafted in 1787, it has been amended only 27 times, with the Bill of Rights, comprising the first ten amendments, being ratified in 1789. There are two ways to repeal a constitutional amendment: the first is for the proposed amendment to be passed by two-thirds of both houses of Congress and then ratified by three-quarters of state legislatures. The second option is for two-thirds of state legislatures to call for a Constitutional Convention to draft amendments, which would still need to be ratified by three-quarters of the states. The high threshold for amending the Constitution means that the odds of a constitutional amendment being repealed are extremely slim.
| Characteristics | Values |
|---|---|
| Difficulty level | Very difficult and time-consuming |
| Possibility | Very low |
| Instances | The 18th Amendment is the only amendment that has been repealed |
| First step | Proposed amendment passed by two-thirds of both houses of Congress |
| Second step | Ratified by three-fourths of the states |
| Alternate process | Two-thirds of the state legislatures call for a Constitutional Convention |
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What You'll Learn
Two-thirds majority in the House and Senate
The United States Constitution was created to be a durable document that would "endure for ages to come". As such, the process of amending it is deliberately difficult and time-consuming. The 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.
One of the two ways to repeal an amendment is to pass a proposed amendment with a two-thirds majority in both the House and the Senate. This is a challenging threshold to meet, and it is just the first step in the process. After this, three-quarters of state legislatures must ratify the proposed amendment for it to pass.
The high bar for making changes to the Constitution means that the odds of any amendment being repealed are extremely slim. Justice John Paul Stevens called for a repeal of the Second Amendment, which guarantees the right to keep and bear arms, but no such repeal has come close to fruition.
The difficulty of amending the Constitution is further illustrated by the fact that six amendments have been approved by Congress but never fully ratified by the states. The most recent amendment, the 27th Amendment, was ratified in 1992, over two hundred years after it was first proposed in 1789.
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Ratification by three-quarters of states
Amending the United States Constitution has always been a difficult task. The framers intended it to be that way so that the document would endure for ages. Since 1787, the Constitution has been amended only 27 times, including the first ten amendments, also known as the Bill of Rights, which were ratified in 1789.
The process of amending the Constitution involves two methods. The first method involves passing a proposed amendment by a two-thirds majority in both houses of Congress, followed by ratification by three-quarters of the state legislatures. This process has been attempted numerous times, with the ERA Amendment failing to pass the necessary majority of state legislatures in the 1980s. The second method involves calling for a Constitutional Convention, which has never occurred. Two-thirds of the state legislatures would need to call for this convention, and any drafted amendments would still require ratification by three-quarters of the states.
Ratification by three-quarters of the states is a critical step in both methods of amending the Constitution. This step ensures that any changes to the nation's foundational document reflect the will of a significant majority of the states. It is worth noting that six amendments have been approved by Congress but have fallen short of full ratification by the states, with the District of Columbia Voting Rights Amendment being the most recent example in 1985.
The high threshold for amending the Constitution underscores the stability and endurance that the framers envisioned. While it may be challenging to secure ratification by three-quarters of the states, it is not an impossible task. The 21st Amendment, which repealed the broad prohibition on alcohol, serves as a notable example of a successfully ratified amendment. This amendment not only reversed the 18th Amendment but also empowered states to define their alcohol laws.
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A Constitutional Convention
The Constitution of the United States is an important document, and changing it is not an easy task. There are two ways to repeal a constitutional amendment. The first method is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes, followed by ratification by three-fourths of the states.
The second method is to have a Constitutional Convention, also known as an Article V Convention, state convention, or amendatory convention. This method has been authorized by Article Five of the United States Constitution. It requires two-thirds of the state legislatures (34 out of 50) to call for a convention to propose amendments. The states would then draft the amendments, which would need to be ratified by three-fourths of the states (38 out of 50) to become law.
Since 1960, there have been over 180 applications for Article V conventions on various subjects, but Congress has never deemed the threshold for calling a convention to have been met. There have been two nearly successful attempts to amend the Constitution via an Article V Convention since the late 1960s. The first was an attempt to overturn two Supreme Court decisions, Wesberry v. Sanders and Reynolds v. Sims, which required states to adhere to the one man, one vote principle in drawing electoral districts for state and federal elections. The second was a movement in the 1970s by the states to impose fiscal discipline on the federal government.
While the Article V convention method has never been used to amend the Constitution, it is an authorized method that provides an alternative to the standard process of a two-thirds vote in both houses of Congress.
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Supreme Court ruling
In the United States, Congress can propose amendments to the Constitution to overturn Supreme Court rulings. This process is outlined in Article V of the Constitution. A two-thirds majority in both houses of Congress must propose the amendment, which then needs to be ratified by three-quarters of the states.
This mechanism has been used several times throughout history. For example, the Eleventh Amendment overturned the Supreme Court ruling in Chisholm v. Georgia (1793) by limiting the federal courts' right to hear suits against states brought by citizens of other states. Similarly, the Sixteenth Amendment, which allowed Congress to levy income taxes, overturned the previous court ruling in Pollock v. Farmers' Loan and Trust Co. (1895). The Twenty-sixth Amendment, granting 18-year-olds the right to vote, also overturned an earlier Supreme Court decision that had limited Congress's ability to set age qualifications for elections.
It is important to note that Congress cannot directly overturn a Supreme Court ruling or any federal court decision due to the separation of powers and the system of checks and balances established by the Constitution. However, Congress can respond by passing new legislation or amending existing laws, as long as these changes are constitutional and do not infringe on states' rights.
In other countries, such as Israel, the Supreme Court has the power to reject amendments to Basic Laws in "extreme circumstances." In 2024, the Supreme Court of Israel struck down an amendment passed by the ruling coalition that would have limited the Court's power to strike down legislation contrary to the Basic Laws. This decision was based on the potential jeopardy to Israel's democratic nature.
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Direct impact on all Americans
Amending the US Constitution is a challenging and time-consuming process. The document was designed to endure, and the process of changing it is intentionally difficult. The Constitution has been amended only 27 times since it was drafted in 1787, and the odds of any amendment being repealed are extremely slim.
The US Constitution was created to outline the powers of the federal and state governments and to protect the rights of individuals. Any amendment to the Constitution must have a major impact on all Americans or secure the rights of citizens. For example, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, was repealed with the adoption of the 21st Amendment. This change had a direct impact on all Americans by granting states the power to define alcohol laws within their borders.
The process of repealing an amendment requires a two-thirds majority vote in both the House and the Senate, followed by ratification by three-fourths of state legislatures. This high threshold ensures that any changes to the Constitution reflect the interests of the majority of Americans and protect the rights of all citizens.
In recent years, there has been talk of repealing several amendments, including the 16th Amendment (federal income tax), the 17th Amendment (direct election of Senators), and the 22nd Amendment (presidential term limits). However, none of these discussions have come close to fruition due to the challenging nature of the amendment process.
The impact of the Constitution and its amendments reaches all Americans, and any changes to this document have significant implications for the rights and freedoms enjoyed by US citizens.
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Frequently asked questions
Very slim. The odds are roughly the same as an 80-year-old being struck by lightning.
There are two ways. One is to have the proposed amendment passed by two-thirds of both houses of Congress and then ratified by three-quarters of the states. The second way is to have a Constitutional Convention, which would require two-thirds of state legislatures to call for it.
Yes, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, was repealed by the 21st Amendment.
The Second Amendment, the 16th Amendment (federal income tax), the 17th Amendment (direct election of Senators), and the 22nd Amendment (presidential term limits).
The Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were adopted in 1791. Amending the Constitution is meant to be a difficult process to ensure its longevity.
