Simone Lawson
The process of repealing a constitutional amendment is a challenging and time-consuming endeavour that has only been accomplished once in the history of the United States. The Constitution's Article V outlines the requirements, stating that an amendment must be proposed by two-thirds of both the House and the Senate, or through a constitutional convention called for by two-thirds of state legislatures. Following proposal, ratification by three-quarters of state legislatures or ratification conventions is necessary for an amendment to come into effect. This process, though lengthy, ensures that any changes to the Constitution are thoroughly considered and supported by a significant majority.
| Characteristics | Values |
|---|---|
| Number of times the Constitution has been amended | 27 |
| Amendments proposed by constitutional convention | 0 |
| Minimum number of states required to approve an amendment | 38 |
| Number of amendments proposed in Congress | 11,699 |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Number of amendments that have been repealed | 1 |
| Minimum number of states required to call for a constitutional convention | 2/3 |
| Minimum number of houses required to propose an amendment | 2/3 |
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What You'll Learn
Amendments must be proposed by two-thirds of the House and Senate
The process of amending the Constitution of the United States is a complex and challenging endeavour. It requires a meticulous procedure and an overwhelming consensus to bring about any changes to the foundational document of the nation. One of the critical steps in this process is the proposal stage, where amendments must clear a significant hurdle by securing the support of two-thirds of both the House of Representatives and the Senate. This requirement, rooted in Article V of the Constitution, serves as a safeguard against hasty or partisan changes to the nation's supreme law.
The two-thirds majority requirement in both chambers of Congress ensures that any proposed amendment reflects a broad consensus among lawmakers. It necessitates a spirit of compromise and bipartisanship, as legislators from diverse political backgrounds must find common ground and agree on the necessity and merit of the proposed changes. This supermajority mandate acts as a crucial check, preventing a simple majority from imposing their ideological preferences on the entire nation.
The process of proposing amendments through Congress, as outlined in Article V, has been the preferred method throughout history. Despite numerous calls for a constitutional convention, a convention has never been convened to propose amendments. The two-thirds threshold in Congress serves as a critical gatekeeping function, ensuring that any alteration to the Constitution reflects the values and interests of a substantial portion of the legislative body. This safeguard helps maintain the stability and integrity of the Constitution.
The role of the House of Representatives and the Senate in proposing amendments is significant. Once an amendment clears the proposal stage, it enters the ratification process, where it must be ratified by three-quarters of the states to become an official part of the Constitution. This multi-step process, involving both the federal and state levels, underscores the meticulous nature of constitutional amendments and the importance placed on preserving the document's longevity and broad acceptance.
In conclusion, the requirement for amendments to be proposed by two-thirds of the House and Senate is a cornerstone of the constitutional amendment process in the United States. It serves as a critical safeguard, ensuring that any changes to the nation's supreme law are carefully considered and broadly supported. This step in the process upholds the integrity of the Constitution and reinforces the founding fathers' intention to create a durable framework for the nation's governance.
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Ratification by three-quarters of the states
The process of ratification typically begins with Congress proposing an amendment, which must be passed by a two-thirds supermajority vote in both the House and the Senate. Once an amendment is proposed, it is sent to the states for ratification. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
The ratification process must be completed within a "reasonable time" after the proposal, as stated by the U.S. Supreme Court. Congress usually sets a maximum time period for ratification, which can be extended in certain circumstances. For example, the Equal Rights Amendment (ERA) was passed by Congress in 1972 with a deadline for ratification by the states of 1985. While this deadline was not met, additional states ratified the ERA beyond the deadline, and it now only requires one more state to achieve the required 38 states.
It is important to note that the President does not have a constitutional role in the amendment process, and their signature or approval is not required for a joint resolution proposing an amendment. However, in recent years, the signing of the certification of an amendment has become a ceremonial function that may include the President as a witness.
In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment repealed the 18th Amendment, ending Prohibition. This was achieved through the ratification of the 21st Amendment by three-quarters of the states, with Utah becoming the 36th state to approve the amendment in 1933.
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The President does not have a constitutional role
The process of repealing a constitutional amendment is a challenging and time-consuming endeavour. In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment, also known as "Prohibition", in 1933. The 21st Amendment not only overturned the broad ban on alcohol but also gave states the authority to establish their own alcohol laws.
The Constitution's Article V outlines the procedure for amending it. The amendment process can be initiated in two ways: by a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Notably, the President of the United States does not have a constitutional role in this process. The joint resolution proposing an amendment does not require the President's signature or approval. Instead, it is directly forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR plays a crucial role in the process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they prepare an information package for the states, which includes formal "red-line" copies of the joint resolution and copies in slip law format. This package ensures that the states have the necessary information to consider and act on the proposed amendment.
While the President does not have a formal role in the amendment process, they can influence it indirectly. Presidents typically express their opinions on proposed amendments and may attempt to persuade Congress to vote in favour of or against them. Their role is more ceremonial, as witnessed in the signing of certifications for amendments. For example, President Johnson signed the certifications for the 24th and 25th Amendments, and President Nixon witnessed the certification of the 26th Amendment.
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The Archivist of the US administers the ratification process
The Archivist of the United States is responsible for administering the ratification process of constitutional amendments. The Archivist, who heads the National Archives and Records Administration (NARA), ensures that changes to the Constitution are carried out in accordance with the law. The Archivist upholds the integrity of the constitutional amendment process.
Once Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by NARA's Office of the Federal Register (OFR). The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
When 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 an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation.
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 Congress and the Nation that the amendment process has been completed. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The Archivist is appointed by the President with the advice and consent of the Senate and is responsible for safeguarding and making available for study all the permanently valuable records of the federal government.
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Amendments must be of major impact
The requirements to repeal a Constitutional amendment are a detailed and lengthy process. The Constitution has been amended only 27 times since 1787, and only one amendment has ever been repealed. This demonstrates the high threshold for change and the rarity of successful repeals.
Similarly, the 21st Amendment, which repealed the 18th Amendment (Prohibition), was a significant alteration to the Constitution. By repealing the ban on the manufacture and sale of alcohol, it not only reversed a previous amendment but also added language giving states the power to define alcohol laws within their borders. This demonstrates how a repeal can have a major impact by changing existing laws and shifting power dynamics between the federal government and the states.
The process to propose and ratify a repeal amendment is the same as for any other amendment. It requires a two-thirds majority vote in both the House and the Senate, or a constitutional convention called for by two-thirds of state legislatures. The amendment must then be ratified by three-quarters of the states, or 38 out of 50 states. This ensures that any change to the Constitution has broad support and is not a minor or fleeting change.
The high bar set for repealing a Constitutional amendment ensures that any changes are thoroughly considered and have a lasting impact on the country. It prevents hasty decisions and encourages amendments that have a meaningful and significant effect on the lives of Americans.
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Frequently asked questions
The first step to repealing a constitutional amendment is to propose an amendment. This can be done by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures.
The second step is for the proposed amendment to be ratified by three-quarters of the states.
Only one constitutional amendment has been repealed in the history of the United States. In 1933, the 21st Amendment repealed the 18th Amendment, which had banned the manufacture and sale of alcohol.
