Isabella Carter
The United States Constitution has been amended 27 times since it was enacted in 1789. The process of amending the Constitution is outlined in Article V, which requires that amendments be proposed by a two-thirds majority in both houses of Congress or by a national convention called by Congress at the request of two-thirds of state legislatures. Amendments must then be ratified by three-quarters of state legislatures or state ratifying conventions. While there have been approximately 11,848 proposals to amend the Constitution, only one amendment has ever been repealed—the Eighteenth Amendment, which established Prohibition, was repealed by the Twenty-first Amendment in 1933. The Eighteenth Amendment had been ratified in 1919 after years of advocacy by the temperance movement but soon proved highly unpopular, with many Americans continuing to drink and fueling the rise of organized crime. The Twenty-first Amendment is also unique in that it is the only amendment to have been ratified by state ratifying conventions.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| 13th, 14th and 15th amendments | Known as the Reconstruction Amendments |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Number of amendments pending | 4 |
| Number of amendments closed | 2 |
| Only amendment to repeal a prior amendment | 21st Amendment |
| Amendment with the lowest chance of being repealed | Second Amendment |
| Most recent amendment | 27th Amendment (1992) |
| Amendment that ended Prohibition | 21st Amendment |
| Amendment that established Prohibition | 18th Amendment |
| Year Prohibition began | 1919 |
| Year Prohibition ended | 1933 |
| Amendment that addresses presidential vacancy | 25th Amendment |
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What You'll Learn
The Eighteenth Amendment
The Amendment did not outlaw the consumption of alcohol, and many Americans continued to drink despite the ban. This gave rise to a profitable black market for alcohol, fuelling the rise of organised crime. Crime rates soared as gangsters, such as Chicago's Al Capone, became rich from the illegal alcohol trade, which was often violent.
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Prohibition and crime
The Eighteenth Amendment to the United States Constitution, which was ratified on January 16, 1919, ushered in a period known as Prohibition. This amendment mandated a nationwide prohibition on alcohol, specifically prohibiting "the manufacture, sale, or transportation of intoxicating liquors". The enactment of the Eighteenth Amendment was the culmination of decades of efforts by the temperance movement and was initially considered a progressive amendment.
However, Prohibition soon proved to be highly unpopular and challenging to enforce. Despite the Volstead Act, which established federal enforcement of the ban on alcohol, many Americans continued to drink, fuelling a profitable black market. This led to the rise of organised crime and gangsters, such as Chicago's Al Capone, who became rich from the illicit alcohol trade, often through violent means. Crime rates soared, with increases in assault, battery, theft, and burglary. The homicide rate also increased, with a rise in gangland killings.
The federal government struggled to enforce Prohibition effectively. Law enforcement agencies were often corrupt, and the enforcement of the Volstead Act proved nearly impossible. Prisons became crowded, leading to fewer arrests for alcohol-related offences and more lenient punishments. Anti-prohibition groups formed and worked towards repealing the Eighteenth Amendment.
The Twenty-first Amendment, proposed by Congress in February 1933 and ratified by the requisite number of states on December 5, 1933, repealed the Eighteenth Amendment. It is unique among the amendments to the Constitution as the only one to repeal a prior amendment. The Twenty-first Amendment's enactment ended Prohibition and restored the states' regulatory power over the production, transportation, and use of alcoholic beverages.
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The Twenty-first Amendment
The amendment's impact on the regulation of alcohol has been a topic of discussion in several Supreme Court cases, particularly regarding Section 2 and its implications for state powers under the Commerce Clause and the Dormant Commerce Clause. The Court has recognised the unique nature of the Twenty-first Amendment, with rulings interpreting its effects on other constitutional provisions.
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Ratification
The process of ratifying an amendment to the United States Constitution is outlined in Article V of the Constitution. An amendment may be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called for by two-thirds of state legislatures.
To become part of the Constitution, an amendment must be ratified by three-quarters of the states (38 states since 1959). This can be done through a vote by the legislatures of three-quarters of the states, or by state ratifying conventions in three-quarters of the states.
The Eighteenth Amendment, which prohibited the manufacture, distribution, and sale of alcoholic beverages nationwide, was ratified on January 16, 1919, after years of advocacy by the temperance movement. However, it soon proved to be highly unpopular, leading to a rise in crime and a profitable black market for alcohol.
The Twenty-first Amendment, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the amendments to the Constitution for being the only one to repeal a prior amendment and for being ratified by state ratifying conventions.
In addition to the Eighteenth and Twenty-first Amendments, there have been six amendments approved by Congress but never fully ratified by the required number of states. These amendments have either failed by their own terms or remain pending.
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Amendments to the Bill of Rights
The Bill of Rights comprises the first ten amendments to the US Constitution, which were ratified in 1789. Since then, there have been 27 amendments added to the Constitution.
The process of amending the Constitution involves proposing and ratifying changes. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states, either through their legislatures or state ratifying conventions.
The Eighteenth Amendment, ratified in 1919, prohibited the manufacture, distribution, and sale of alcoholic beverages nationwide. However, it proved to be highly unpopular, leading to a rise in crime and a thriving black market for alcohol. In response, the Twenty-first Amendment was proposed in 1933 to repeal the Eighteenth Amendment. It was ratified by the requisite number of states on December 5, 1933, marking the only instance of an amendment repealing a prior one.
The most recent amendment to the Constitution is the Twenty-seventh Amendment, added in 1992, which prevents Congress from changing its compensation during a term in progress. This amendment was first proposed in 1789 but was not ratified until much later. Six amendments have been approved by Congress but have not been fully ratified by the required number of states.
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Frequently asked questions
The Eighteenth Amendment, which prohibited the manufacture, distribution, and sale of alcohol, was repealed by the Twenty-first Amendment in 1933. This is the only amendment to have been repealed.
The most recent amendment added to the Constitution was the 27th Amendment in 1992, which stopped Congress from changing their own compensation during a term in progress.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution.
An amendment must be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. It then must be ratified by three-quarters of the states.
