Eleanor Finch
The process of amending the US Constitution is a complex and lengthy one, and the same can be said for repealing a constitutional amendment. The Constitution's Article V outlines two methods for repealing an amendment. The first method requires a two-thirds majority vote in both the House and the Senate to propose the repeal, followed by ratification by three-quarters of the states. The second method involves convening a Constitutional Convention, which requires two-thirds of the state legislatures to call for it. While the process is challenging, it is not impossible, as evidenced by the successful repeal of the 18th Amendment by the 21st Amendment in 1933.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of the state legislatures |
| Amendment ratification | Three-quarters of the states (38 of 50 states) |
| Amendment ratification alternative | State legislatures |
Explore related products
What You'll Learn
Two-thirds majority in the House and Senate
The Constitution’s Article V outlines the process of amending the Constitution. There are two ways to propose an amendment. The first way is to have a two-thirds majority vote in the House and the Senate. The second way is to have a constitutional convention called for by two-thirds of the state legislatures.
The first method, a two-thirds majority vote in the House and the Senate, is a supermajority vote. This means that two-thirds of both the House and the Senate must agree to the proposed amendment. This can be a challenge, as it requires a significant amount of support for the amendment. Once the proposed amendment has passed this stage, it is sent to the governors of all 50 states for their approval, which is called ratification.
The second method, a constitutional convention, has never been used. If two-thirds of the state legislatures vote to demand it, Congress is required to convene a full constitutional convention with delegates from every state. The states would then draft amendments, which would need to be ratified by three-quarters of the states.
In order for an amendment to be repealed, another amendment must be proposed and ratified. This can be done through either of the two methods outlined above. In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment repealed the 18th Amendment in 1933, ending the prohibition on alcohol.
Amendments to the Oregon Constitution: A Dynamic History
You may want to see also
Ratification by three-quarters of states
Ratification by three-quarters of the states is one of the two methods of amending the Constitution of the United States, as prescribed by Article V. The other method is for an amendment to be passed by the House and the Senate with two-thirds majority votes.
The Constitution's Article V 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 the state legislatures. The proposed amendment is then sent to the governors of all 50 states for their approval, called "ratification".
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services.
Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and the Nation that the amendment process has been completed.
In the history of the United States, only one constitutional amendment has been repealed—the 21st Amendment, which repealed the 18th Amendment, known as "Prohibition", banning the manufacture and sale of alcohol in the United States.
The Last Constitutional Amendment: Understanding the 27th
You may want to see also
A constitutional convention
The Constitution’s Article V outlines two methods for repealing a constitutional amendment. The first method requires a two-thirds majority vote in both the House and the Senate to propose an amendment, which is then ratified by three-quarters of the states (38 out of 50). This process has been used to repeal an amendment only once in US history, when the 21st Amendment repealed the 18th Amendment, ending Prohibition in 1933.
The second method involves convening a Constitutional Convention, which requires two-thirds of state legislatures (currently 34) to call for it. This method has never been used, but it has come close to being invoked on several occasions. At such a convention, delegates from every state would propose amendments, which would then need to be ratified by three-quarters of the states.
While the first method may seem more straightforward, it is important to note that it is challenging to achieve the required supermajority in both the House and the Senate. On the other hand, the second method, while never utilised, could potentially provide a pathway for states to drive the constitutional amendment process directly.
The process of amending the Constitution is deliberately lengthy and time-consuming. The high threshold for making changes ensures stability and continuity in the nation's fundamental laws. However, this does not preclude the possibility of change, as demonstrated by the successful repeal of the 18th Amendment.
In conclusion, while repealing a constitutional amendment is a challenging and rare endeavour, it is not impossible. The two methods outlined above provide a framework for proposing and enacting such changes, ensuring that any modifications to the Constitution reflect the will of the people and are in the nation's best interests.
The Amendment that Changed African-American Rights
You may want to see also
Explore related products
$94.21 $195
State legislatures' role
The Constitution’s Article V outlines the authority to amend the Constitution of the United States. The process of repealing a constitutional amendment requires a proposal by two-thirds of the state legislatures to call for a constitutional convention. This has never occurred in the history of the United States, as all amendments have been proposed by Congress.
State legislatures play a crucial role in initiating the process of repealing a constitutional amendment. By securing votes from two-thirds of the state legislatures, a constitutional convention can be convened. This process empowers states to take control of the amendment process and propose changes directly.
Once the constitutional convention is convened, delegates from every state participate in drafting and proposing amendments. These proposals are then sent to the governors of all 50 states for their approval, a process known as "ratification."
Ratification is the critical step where the proposed amendment must be approved by three-quarters of the states (38 out of 50 states). This step ensures that any changes to the Constitution reflect the will of a significant majority of the country.
The role of state legislatures in the repeal process is significant as it allows for direct representation and involvement of the states in amending the Constitution. This process bypasses the typical route of Congress proposing amendments and gives states a more direct say in constitutional changes.
While the process of repealing a constitutional amendment through a constitutional convention initiated by state legislatures has not been utilized yet, it remains a viable option. The high threshold of a two-thirds majority in state legislatures ensures that any proposed changes reflect a broad consensus across the country.
Understanding Proposed Amendments to the Constitution
You may want to see also
The President's role
The President of the United States does not have a constitutional role in the amendment process. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory process. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
While the President does not have the ability to repeal any amendment to the Constitution, they can play a role in proposing and witnessing the ratification of amendments.
The Fourteenth Amendment: Equal Protection Clause Explained
You may want to see also
Frequently asked questions
There are two ways to repeal a constitutional amendment. One way is to pass a proposed amendment with a two-thirds majority vote in the House and the Senate, and then get it ratified by three-quarters of the states (38 out of 50 states). The second way is to call a Constitutional Convention with a two-thirds vote from state legislatures, and then get three-quarters of the states to ratify the amendment.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for the ratification process. The Archivist typically delegates duties to the Director of the Federal Register.
Yes, the 18th Amendment, which prohibited the manufacture and sale of alcohol, was repealed by the 21st Amendment in 1933.
The process can be lengthy and time-consuming. The US Supreme Court has stated that ratification must be completed within a "reasonable time" after the proposal.
The President does not have a constitutional role in the amendment process and is not required to sign or approve the amending resolution. However, they typically express their opinion on proposed amendments.
