Omar Bennett
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution was designed to be challenging and time-consuming. The document was created to outline the powers of the federal and state governments and protect individuals' rights, so changes to it are understandably difficult to make. 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-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. In the history of the United States, only one amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment (Prohibition) in 1933.
| Characteristics | Values |
|---|---|
| How to repeal an amendment | Two ways: First, a proposed amendment must be passed by the House and the Senate with two-thirds majority votes, then ratified by three-fourths of the states. Second, a Constitutional Convention can be called with two-thirds of state legislatures, and the drafted amendments must be ratified by three-fourths of the states. |
| Number of amendments repealed | 1 |
| Amendments that have been repealed | 18th Amendment, which prohibited the making, transportation, and sale of alcohol |
| Amendments that have been discussed for repeal | 16th Amendment (federal income tax), 17th Amendment (direct election of Senators), 22nd Amendment (presidential term limits), and the Second Amendment (right to bear arms) |
| Difficulty of repealing an amendment | Very rare and difficult |
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What You'll Learn
The odds of a constitutional amendment being repealed
The process of amending the Constitution is intentionally challenging and time-consuming. The Constitution's Article V outlines two ways to repeal an amendment. Firstly, a proposed amendment must be passed by two-thirds of both the House and the Senate, and then ratified by three-quarters of the states. Secondly, a constitutional convention can be called for by two-thirds of state legislatures, and any amendments drafted must be ratified by three-quarters of the states.
The difficulty in repealing amendments is further compounded by the fact that they must be proposed and ratified by the same methods as regular amendments. This means that any attempt to repeal an amendment would face the same high bar for success. Given the significant support required across both chambers of Congress and a large majority of states, the chances of a successful repeal are very low.
Despite the long odds, there have been recent discussions about repealing certain amendments. The 16th Amendment (federal income tax), the 17th Amendment (direct election of Senators), and the 22nd Amendment (presidential term limits) have all been the subject of repeal talks, but none of these discussions have gained significant traction. Additionally, there have been calls to repeal the Second Amendment, which guarantees the right to bear arms, in response to the issue of gun violence in the United States. However, given the historical and political significance of this amendment, the odds of its repeal are even steeper than for other amendments.
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The two ways to repeal an amendment
Amending the Constitution was never intended to be a simple task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The process of amending the Constitution is meant to be difficult and time-consuming.
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 process is outlined in the Constitution's Article V.
The second way to repeal an amendment is to have a Constitutional Convention. Two-thirds of state legislatures would need to call for this convention, and the states would then draft amendments that would have to be ratified by three-fourths of the states.
In the history of the United States, only one constitutional amendment has been repealed: the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, was repealed by the 21st Amendment in 1933. Other amendments have been the subject of repeal discussions, including the 16th Amendment (the federal income tax), the 17th Amendment (the direct election of Senators), and the 22nd Amendment (presidential term limits). However, none of these discussions have come close to fruition.
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The Second Amendment and gun control
The Second Amendment to the US Constitution, which protects the right to keep and bear arms, has been at the centre of the gun control debate in the United States for many years. While the amendment has been interpreted by the Supreme Court and lower courts as protecting the right of individuals to own firearms, there is also a strong movement for gun control, which seeks to enact common-sense gun reform without infringing on the Second Amendment.
The Second Amendment was ratified in 1791 as part of the Bill of Rights, which comprised the first ten amendments to the Constitution. The text of the Second 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." For much of the time following ratification, the Second Amendment was not a subject of significant controversy or debate, as interpretations of the amendment focused on the importance of a standing army (militia) and its value in protecting Americans as members of a free state.
However, in recent years, the Second Amendment has become a highly polarising issue, with strong advocacy for and against gun control measures. The National Rifle Association (NRA) has been a powerful force in opposing gun control, arguing that the Second Amendment guarantees an absolute and unlimited right to bear arms. In contrast, gun control advocates argue that the Second Amendment was written to protect the right of Americans to establish militias, not to allow individual gun ownership, and that commonsense gun safety protections are necessary to ensure public safety.
The Supreme Court has ruled on the Second Amendment in several key cases, including District of Columbia v. Heller in 2008, where the Court upheld an individual's right to keep a handgun in the home for self-defence but denied that the Second Amendment provides an unlimited right to carry weapons. Despite this clarification, the NRA has continued to challenge reasonable gun laws, and the courts have consistently reaffirmed the constitutionality of gun safety laws. While the odds of repealing a constitutional amendment are extremely slim, the ongoing debate around gun control and the Second Amendment highlights the complex and evolving nature of constitutional interpretation and the challenges of balancing individual rights with public safety.
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The 18th Amendment—the only amendment to be repealed
The 18th Amendment to the United States Constitution, also known as Prohibition, is the only amendment to have been repealed. It was ratified in 1919 and prohibited the manufacture, sale, and transportation of "intoxicating liquors" nationwide. The 18th Amendment was the result of a decades-long campaign by the temperance movement, which argued that banning alcohol would eliminate poverty and reduce social problems such as violence and immoral sexual behaviour.
However, the amendment proved difficult to enforce, particularly in cities, and public sentiment turned against it during the 1920s. The rise of illegal alcohol manufacturing and the increase in organised crime, famously exemplified by Al Capone, changed public perception of the amendment. The onset of the Great Depression further hastened its demise, as opponents argued that the ban denied jobs to the unemployed and revenue to the government.
Franklin D. Roosevelt, the Democratic presidential candidate in 1932, included a plan to repeal the 18th Amendment in his platform, and his victory that November sealed the fate of Prohibition. In February 1933, Congress passed a resolution proposing the 21st Amendment, which would repeal the 18th Amendment and permit the sale of beer. The resolution required approval by state conventions, rather than state legislatures, effectively making it a one-state, one-vote referendum.
The 21st Amendment was ratified in December 1933, officially repealing Prohibition and adding language to the Constitution granting states the ability to define alcohol laws within their borders.
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The difficulty of amending the Constitution
Amending the Constitution of the United States was never intended to be a simple process. The Constitution was created to outline the powers of the federal and state governments and to protect individuals' rights, and as such, it is understandable that changing it should be challenging. In the history of the United States, only one amendment, the Eighteenth Amendment, has been repealed, and this was done through the adoption of the Twenty-first Amendment in 1933. This amendment prohibited the making, transportation, and sale of alcohol, and its repeal added language to the Constitution, stating that individual states had the power to define alcohol laws within their borders.
The process of amending the Constitution is deliberately difficult and time-consuming. 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 state legislatures. Following this, the amendment must be ratified by three-quarters of the states. This two-step process is designed to prevent hasty or frivolous changes to the Constitution and has been successful in this regard.
In recent years, there has been talk of repealing several amendments, including the Second Amendment, which guarantees the right to bear arms, the Seventeenth Amendment, which pertains to the direct election of Senators, and the Sixteenth Amendment, which established the federal income tax. However, none of these discussions have come close to fruition, indicating the immense challenge of repealing an amendment.
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Frequently asked questions
There are two ways to repeal a constitutional 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. 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 that would have to be ratified by three-fourths of the states.
In the history of the United States, only one constitutional amendment has been repealed. The 21st Amendment repealed the 18th Amendment, which had banned the manufacture and sale of alcohol. The process of amending the Constitution was designed to be difficult and time-consuming, and it has been amended only 27 times since it was drafted in 1787.
In recent years, three 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). More recently, there have been calls to repeal the Second Amendment, which guarantees "the right of the people to keep and bear Arms".
While the Article V amendment process is the official method for changing the Constitution, there are five unofficial yet legal ways that have been used more often: legislation, presidential actions, federal court rulings, actions of political parties, and simple custom.
