Malcolm Rivera
The United States Constitution has only 27 amendments, and the process of adding or repealing an amendment is a difficult one. The Constitution's Article V outlines two ways to repeal an amendment: the first requires a two-thirds majority vote in the House and the Senate, followed by ratification from three-fourths of the states. The second method involves a Constitutional Convention, which has never been used to propose an amendment. The high bar for amending the Constitution was intentional, as the framers did not want the document to be amended frivolously or haphazardly. One of the most recent debates surrounding the repeal of an amendment involves the Second Amendment and the right to bear arms.
| Characteristics | Values |
|---|---|
| Number of ways to abolish an amendment | 2 |
| First method | Proposed amendment passed by the House and the Senate with two-thirds majority votes, then ratified by three-fourths of the states |
| Second method | Constitutional Convention called for by two-thirds of state legislatures, then ratified by three-fourths of the states |
Explore related products
What You'll Learn
The two ways to repeal an amendment
The US Constitution has 27 amendments, and its framers intended for the process of amending it to be difficult. In fact, the odds of repealing an amendment are extremely slim. In the history of the United States, only one amendment, the 18th Amendment, which established Prohibition, has been repealed. This was achieved through the 21st Amendment in 1933.
There are two ways to repeal an amendment, both of which are outlined in Article V of the Constitution. The first process requires that any proposed amendment be passed by both the House and the Senate with two-thirds majorities. It would then need to be ratified by three-fourths of the 50 states, or 38 of them.
The second option for repealing an amendment is to hold a Constitutional Convention. In this case, two-thirds of state legislatures would need to call for such a convention, and states would write amendments that would then need to be ratified by three-fourths of the states. While it is theoretically possible to change the Constitution in this way, it has never happened since the Constitution was ratified.
Wealth and Freedom: The 13th Amendment's Impact
You may want to see also
The first process: a two-thirds majority
The first method of abolishing a constitutional amendment involves a two-thirds majority in both the House and the Senate, as outlined in Article V of the Constitution. This process begins with Congress proposing an amendment, after which the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process.
The proposed amendment is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in this stage, adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and other relevant documents.
Once a state ratifies the proposed amendment, the Archivist receives an original or certified copy of the state's action, which is promptly conveyed to the Director of the Federal Register. The OFR scrutinizes these ratification documents for legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until the amendment is either adopted or fails.
For an amendment to become part of the Constitution, ratification by three-fourths of the states (38 out of 50 states) is required. Upon receiving the necessary authenticated ratification documents, the OFR drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notification to Congress and the nation that the amendment process has been completed.
While this process may seem straightforward, it is important to note that it is historically challenging. The high threshold for amending the Constitution ensures that any changes are thoughtful and necessary revisions, rather than frivolous or haphazard alterations.
Revoking Constitutional Amendments: Understanding the Process
You may want to see also
The second process: a Constitutional Convention
The second method of repealing a constitutional amendment is to hold a Constitutional Convention. This method has never been used to repeal an amendment, despite being theoretically possible. To hold a convention, two-thirds of state legislatures must call for one. The states would then write amendments, which would need to be ratified by three-fourths of the states.
The process of amending the Constitution was designed to be difficult, and it has proved challenging to repeal amendments. The first and only amendment that has ever been repealed is the 18th Amendment, which was repealed by the 21st Amendment in 1933. The 18th Amendment prohibited the making, transportation, and sale of alcohol.
The second method of repealing an amendment is more indirect than the first. The first method involves passing a proposed amendment through the House and the Senate with two-thirds majority votes before ratification by three-fourths of the states. This first method has been the more common approach to amending the Constitution.
The Constitution's Article V outlines the two methods of amending the Constitution. It states that amendments can be proposed by Congress or through a constitutional convention demanded by state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The process of amending the Constitution is formal and well-established. The Archivist of the United States is responsible for administering the ratification process, and the Office of the Federal Register (OFR) plays a key role in processing and publishing the proposed amendment. The OFR also examines ratification documents for authenticity and legal sufficiency. Once an amendment is ratified, the Archivist certifies its validity, and this certification is published in the Federal Register.
Texas Bond Ballot Propositions: Constitutional Amendments Explained
You may want to see also
Explore related products
The difficulty of repealing an amendment
The US Constitution has only ever had 27 amendments, and only one of them, the 18th Amendment, has ever been repealed. The process of amending the Constitution was designed to be difficult, and it has proven to be so.
The first method of repealing an amendment requires a 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, or 38 of the 50 states. This process has proven challenging historically, with only a handful of amendments proposed over the past 230 years making it through.
The second method of repeal is to hold a Constitutional Convention, which would require two-thirds of state legislatures to call for it. The states would then draft amendments, which would need to be ratified by three-fourths of the states. This method has never been used since the Constitution was ratified.
The high threshold for making changes to the Constitution means that the odds of any constitutional amendment being repealed are extremely slim. Experts have said that it is “very unlikely” that certain amendments, such as the Second Amendment, could ever be repealed.
Amending Freedom: Republic's Evolution
You may want to see also
The history of repealed amendments
Repealing a constitutional amendment is no easy feat. In fact, in the history of the United States, only one amendment has ever been repealed—the 18th Amendment, repealed by the 21st Amendment in 1933.
The 18th Amendment, which established Prohibition, banned the manufacture, distribution, and sale of alcoholic beverages. It was ratified on January 16, 1919, after years of advocacy by the temperance movement. However, Prohibition proved to be highly unpopular, with many Americans continuing to drink, leading to the rise of organised crime and a profitable black market for alcohol. As public sentiment turned against Prohibition in the 1920s and 30s, a movement to repeal the 18th Amendment gained momentum.
The 21st Amendment, proposed by Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933, expressly repealed the 18th Amendment. It also added language to the Constitution, stating that individual states had the authority to define alcohol laws within their borders. The 21st Amendment is unique in being the only amendment to repeal a prior amendment and the only one to be ratified by state ratifying conventions.
In recent years, there has been talk of repealing other 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 gained significant traction.
The process of repealing an amendment is indeed challenging. There are two ways to go about it: the first requires a proposed amendment to be passed by both the House and the Senate with two-thirds majorities, and then ratified by three-fourths of the 50 states (38 states). The second option is to hold a Constitutional Convention, where two-thirds of state legislatures would call for the convention, and then the proposed amendments would need to be ratified by three-fourths of the states.
Philippine Constitution: Amendments and Their Lifespan
You may want to see also
Frequently asked questions
There are two ways to abolish a constitutional amendment. The first way is to pass a proposed amendment with a two-thirds majority vote in both the House and the Senate. The second way is to hold a Constitutional Convention, which requires two-thirds of state legislatures to call for it. In both cases, the amendment must then be ratified by three-fourths of the states.
Yes, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, was repealed by the 21st Amendment in 1933.
In recent years, there has been talk of repealing the 17th Amendment (direct election of Senators), the 16th Amendment (federal income tax), and the 22nd Amendment (presidential term limits). Additionally, there have been calls to repeal the Second Amendment, which guarantees the right to keep and bear arms, due to its impact on gun control legislation.
The Constitution does not specify how often it should be amended, but the process is intentionally designed to be difficult. Thomas Jefferson believed that the Constitution should be amended at regular intervals, while James Madison, the "father of the Constitution," rejected this idea, arguing that volatility in laws could lead to instability in governance.
