Omar Bennett
The United States Constitution has only been amended 27 times since its creation in 1788, indicating that the process of amending the Constitution was designed to be difficult. The Constitution was created to outline the powers of the federal and state governments and protect individuals' rights. As such, repealing an amendment to the Constitution is not a simple process. In fact, in the history of the United States, only one amendment, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, has ever been repealed. This section provides an overview of the process and requirements for repealing an amendment to the United States Constitution.
| Characteristics | Values |
|---|---|
| Number of amendments to the constitution | 27 |
| Number of proposed amendments | 11,699 |
| Number of amendments repealed | 1 |
| Process of repeal | Ratification of another amendment |
| Difficulty of repeal | Very rare |
| Example of a repealed amendment | 18th Amendment (Prohibition) |
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What You'll Learn
The difficulty of repealing an amendment
The United States Constitution has only 27 amendments because its framers intended the process of amending it to be difficult. The Constitution was created to outline the powers of the federal and state governments and protect individuals' rights. Changing the Constitution is, therefore, not an easy task. In fact, only one amendment, the 18th Amendment, which prohibited the making, transportation, and sale of alcohol, has ever been repealed. This was repealed by the 21st Amendment.
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. The second way to repeal an amendment is to have a Constitutional Convention. This would require two-thirds of state legislatures to call for the convention, after which the states would draft amendments that would have to be ratified by three-fourths of the states.
The high threshold for making changes to the Constitution makes it difficult to repeal an amendment. This is reflected in the fact that, from 1789 to the present, there have been approximately 11,699 proposed amendments to the Constitution, but only 27 have been ratified. This is a success rate of about 0.002%. The most recent successful amendment was in 1992 with the ratification of the Twenty-Seventh Amendment, dealing with compensation for Senators and Representatives.
While there have been discussions about repealing certain amendments, such as the 16th Amendment (federal income tax), 18th Amendment (prohibition of alcohol), 21st Amendment (repealed prohibition of alcohol), and the 22nd Amendment (presidential term limits), no serious attempt has been made to repeal any of the first 10 amendments (The Bill of Rights). Given the high bar for making changes to the Constitution and the lack of a formal independent "repeal" process for amendments, it is challenging to repeal an amendment and it is unlikely that any amendment, including the Second Amendment, will be repealed anytime soon.
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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 the subject of intense debate in recent years, particularly in the wake of mass shootings and the rise of the "Second Amendment sanctuary" movement. While some have called for stricter gun control laws, others have proposed a more drastic solution: repealing the Second Amendment.
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." The interpretation of this amendment has been a subject of debate, with some arguing that it guarantees an individual's right to own firearms, while others contend that it only protects the right to maintain a militia. The National Rifle Association (NRA) has been a powerful advocate for gun rights, refusing to compromise on restrictions and employing lobbyists to influence members of Congress.
In 2008, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects an individual's right to keep a handgun at home for self-defense. This ruling, written by Justice Antonin Scalia, clarified that the Second Amendment does not provide an unlimited license to carry weapons but rather secures the right to bear arms for lawful purposes. Despite this clarification, courts across the country have consistently reaffirmed that gun safety laws are constitutional and do not infringe on Second Amendment rights.
Gun safety advocates propose "common-sense gun reform," which aims to strengthen gun safety laws without infringing on law-abiding citizens' access to firearms. Measures such as universal background checks, outlawing military-style weapons, magazine limits, and age requirements for gun ownership have been discussed. These proposals do not seek to repeal the Second Amendment but rather to find a balance between protecting public safety and upholding the right to bear arms.
The process of repealing an amendment to the Constitution is challenging and rare. In the history of the United States, only one amendment, the Eighteenth Amendment, which prohibited the manufacture, sale, and transportation of alcohol, has been repealed by the Twenty-First Amendment. To repeal an amendment, there are two possible methods. One way is to pass a proposed amendment with a two-thirds majority in both the House and the Senate, followed by ratification by three-fourths of the states. The second method involves calling a Constitutional Convention with the support of two-thirds of state legislatures. While some have suggested repealing the Second Amendment, the high threshold for amending the Constitution makes it unlikely to occur in the near future.
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The Eighteenth Amendment: the only repealed amendment
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, is the only amendment in American history to be repealed. Proposed by Congress in December 1917, it was ratified by the requisite number of states in January 1919. The Eighteenth Amendment was the result of decades of effort by the temperance movement, which held that a ban on the sale of alcohol would improve society by eliminating poverty and reducing social problems such as immoral sexual behaviour and violence.
However, nationwide enforcement of Prohibition proved difficult, particularly in cities. Alcohol smuggling (known as rum-running or bootlegging) and illicit bars (speakeasies) became popular in many areas. Public sentiment began to turn against Prohibition during the 1920s, and in 1932, Franklin D. Roosevelt, the Democratic presidential nominee, called for its repeal. In February 1933, Congress adopted a resolution proposing the Twenty-first Amendment, which repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer.
The Eighteenth Amendment was repealed by the Twenty-first Amendment on December 5, 1933, making it the only constitutional amendment in American history to be repealed. The process of repealing an amendment is not a simple one. There are two ways to do so: the first is for the proposed amendment to be passed by the House and the Senate with two-thirds majority votes, and then to be ratified by three-fourths of the states. The second method is to have 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.
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The Twenty-First Amendment: the amendment that repealed the Eighteenth Amendment
The Twenty-First Amendment to the United States Constitution is unique in that it is the only amendment to have repealed a previous amendment—in this case, the Eighteenth Amendment. The Eighteenth Amendment, ratified in 1919, prohibited the manufacture, sale, and transportation of alcohol, ushering in a period known as Prohibition.
Prohibition was the result of years of advocacy by the temperance movement, which argued that banning the sale of alcohol would reduce poverty and other societal issues. However, the amendment proved highly unpopular, and many Americans continued to drink. This led to a rise in organized crime and the establishment of a profitable black market for alcohol.
As more and more Americans opposed the Eighteenth Amendment, a political movement for its repeal grew. In 1932, Franklin D. Roosevelt, the Democratic presidential nominee, called for its repeal. The Twenty-First Amendment was proposed by Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933, ending national prohibition.
The Twenty-First Amendment expressly repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer. It is also the only amendment to have been ratified by state ratifying conventions, specifically selected for this purpose. The amendment's ratification effectively reduced the process to a one-state, one-vote referendum rather than a popular vote.
The Twenty-First Amendment is significant not only for repealing the Eighteenth Amendment but also for "constitutionalizing" the extent of states' power to regulate alcohol. While states have considerable latitude over alcohol regulation under Section 2 of the amendment, they may not adopt protectionist measures that burden interstate commerce.
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The process of amending the Constitution
There is no formal independent "repeal" process for constitutional amendments. The only way to repeal an amendment is by ratifying another amendment. This is a rare occurrence, as evidenced by history; only one amendment, the 18th Amendment, which prohibited the manufacture and sale of alcohol, has been repealed by another, the 21st Amendment.
The high bar for amending the Constitution underscores the importance and enduring nature of this foundational document. It was designed to outline the powers of federal and state governments and protect individuals' rights, and the process of amending it ensures that any changes are thoroughly considered and broadly supported.
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Frequently asked questions
Only one amendment, the 18th Amendment, has ever been repealed. It was repealed with the ratification of the 21st Amendment.
The 18th Amendment prohibited the making, transportation, and sale of alcohol.
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. 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, which would have to be ratified by three-fourths of the states.
Yes, in the wake of mass shootings in the US, there have been calls to repeal the Second Amendment. Former Supreme Court Justice John Paul Stevens wrote an op-ed in the New York Times calling for the repeal of the Second Amendment.
