Isabella Carter
The process of ending or repealing a constitutional amendment is a complex and challenging endeavour. Since its inception over 230 years ago, the U.S. Constitution has only been amended 27 times, reflecting the framers' intention to make the amendment process arduous. To repeal an amendment, a similar process is undertaken as when proposing one. This involves either a two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of the state legislatures. The rarity of repealing amendments is evident, with only one instance in U.S. history, the 18th Amendment, which established Prohibition.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Chances of an amendment being repealed | Very low |
| Amendments repealed | 18th Amendment |
| Amendments discussed for repeal | 17th, 16th, 22nd, and 2nd Amendments |
| Amendments proposed by | Congress or constitutional convention demanded by state legislatures |
| Amendment proposal requirements | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification requirements | Three-fourths of the states (38 of 50) |
| Amendment recording methods | Interwoven into relevant sections or appended to the end |
| Amendment procedures | Supermajorities, direct approval by electorate in a referendum, or a combination |
| Amendment examples | Ireland, Australia, Switzerland, US, Venezuela, Germany, Ethiopia |
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What You'll Learn
Amendments can be proposed by Congress
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
Once an amendment has been ratified by three-fourths of the States (38 out of 50), it becomes part of the Constitution. The OFR then 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, serving as official notice to Congress and the Nation that the amendment process has been completed.
It is important to note that the process for proposing and enacting constitutional amendments can vary across different jurisdictions. For example, in Ireland and Australia, amendments are drafted as Acts of Parliament but must also be approved by a referendum. In the United States, the procedure is outlined in Article V of the Constitution, which establishes two methods for proposing amendments: by Congress or by a constitutional convention called for by two-thirds of the states.
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A constitutional convention can be demanded by state legislatures
The process of calling for a constitutional convention varies across states. Some states, like Alabama, only require a simple majority in each legislative chamber to propose a convention, while others, like California and Colorado, mandate a two-thirds vote in both chambers. Additionally, certain states, such as Arizona, Delaware, and Idaho, require subsequent approval by a simple majority of voters to convene a convention. In contrast, other states, including Georgia, Louisiana, Maine, South Dakota, and Virginia, empower their legislatures to call a convention without seeking the electorate's consent.
The frequency of constitutional convention considerations also differs among states. Some states, like Connecticut, Illinois, and Michigan, automatically place the question of a convention on their ballots at set intervals, ranging from 10 to 20 years. Conversely, other states, such as Alaska, Hawaii, Iowa, New Hampshire, and Rhode Island, provide voters with the chance to call for a convention without specified intervals. Notably, no state has utilized this mechanism to initiate a convention since 1984, when Rhode Island voters approved and subsequently held a convention.
While state legislatures can demand a constitutional convention, it is essential to recognize that the convention method has never been used to propose amendments to the United States Constitution. According to Article V of the Constitution, amendments may be proposed by a two-thirds vote in both houses of Congress or by a convention called for by two-thirds of the state legislatures. However, all 27 amendments to the Constitution have been proposed by Congress, with none originating from a constitutional convention.
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Ratification by three-fourths of the states
The process begins when Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (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. An information package is also assembled for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
When the OFR verifies that it has received the required number of authenticated ratification documents (i.e., from three-fourths of the states), 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, serving as official notice to Congress and the nation that the amendment process has been completed. The signing of this certification has, in recent history, become a ceremonial function attended by various dignitaries, including sometimes the President.
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Appended articles of amendment
In most cases, constitutional amendments directly alter the text of the existing constitution, weaving new articles into the relevant sections. On the other hand, appended articles of amendment are supplemental additions that change the government's framework without modifying the original document's wording. This approach can introduce ambiguity, as it may be unclear whether the amendment is intended to supersede or supplement the existing articles.
To address this, the doctrine of implied repeal applies. This means that in the event of a conflict, the article of amendment generally takes precedence over the provisions of the original text or earlier amendments. Additionally, an article of amendment can explicitly state its intention to repeal a specific existing article.
The process of proposing and ratifying constitutional amendments varies across jurisdictions. In the United States, amendments are proposed by 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. Once an amendment is ratified by three-fourths of the states, it becomes part of the Constitution.
The rarity of repealing constitutional amendments underscores the significance of the process. Of the 27 amendments to the US Constitution, only the 18th Amendment, which established Prohibition, was later repealed by the states. The odds of repealing an amendment are extremely slim, and the process often involves complex political and legal dynamics.
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Amendments can be repealed
The first method involves Congress proposing an amendment in the form of a joint resolution, which does not require the President's signature or approval. The joint resolution is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The second method, which has never been used for any of the 27 amendments, involves a constitutional convention.
Once proposed, an amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). The process of ratification involves states sending authenticated copies of their ratification documents to the Archivist, who maintains custody until the amendment is adopted or fails. The Archivist then drafts a formal proclamation certifying that the amendment is valid, which is published in the Federal Register.
While it is rare, there is a precedent for repealing an amendment. The 18th Amendment, which established Prohibition, was later repealed by the 21st Amendment, demonstrating that it is possible to undo a constitutional amendment through the established amendment process.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text.
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. In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval.
Yes, constitutional amendments can be repealed. In the US, the 18th Amendment, which established Prohibition, was repealed by the 21st Amendment. However, the chances of a constitutional amendment being repealed are very slim.
Amendments to a constitution can take the form of revisions to the previous text, or they can be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact.
Australia, Ireland, and Switzerland require that all amendments are first passed by the legislature before being submitted to the people for approval. In the US, amendments are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate.
