Eleanor Finch
The process of repealing a constitutional amendment is a challenging and lengthy procedure. The United States Constitution, drafted in 1787, has only been amended 27 times, indicating the high bar for change. To repeal an amendment, a proposed amendment must be passed by a two-thirds majority in both the House and the Senate, followed by ratification by three-quarters of the states. Alternatively, a Constitutional Convention can be called by two-thirds of state legislatures, leading to the drafting and ratification of amendments. The challenging nature of the amendment process was intentional, ensuring that changes to the Constitution are not made lightly.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Amendments proposed by constitutional convention | 0 |
| Difficulty of amending the Constitution | Very difficult |
| Instances of an amendment appeal | 1 (21st Amendment) |
| Instances of an amendment being repealed | 1 (18th Amendment) |
| Number of amendments subject to repeal talk | 4 (16th, 17th, 21st, 22nd) |
| Number of amendments approved by Congress but not ratified by states | 6 |
| Number of proposed amendment changes | ~11,699 |
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What You'll Learn
Amendments must be proposed by two-thirds of the House and Senate
The process of repealing a constitutional amendment is a challenging and lengthy process. The Constitution's Article V requires that an amendment be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. This process ensures that any changes to the Constitution are carefully considered and broadly supported.
The first step in repealing a constitutional amendment is to propose the change. This can be done by Congress, with 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. The latter option has never been used to propose any of the 27 amendments to the Constitution. Once proposed, the amendment must be passed by Congress in the form of a joint resolution, which does not require the President's signature or approval.
The role of the President in this process is ceremonial, as witnessed in the case of President Nixon, who was present for the certification of the 26th Amendment. The joint resolution is then forwarded to the National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, providing an information package for the states.
After proposal and initial processing, the proposed amendment must be ratified. Ratification requires the approval of three-quarters of the states (38 out of 50), which can be challenging to obtain. The OFR verifies the receipt of authenticated ratification documents and drafts a formal proclamation for the Archivist of the United States to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
In summary, repealing a constitutional amendment requires a two-thirds majority proposal by Congress or a constitutional convention, followed by ratification by three-quarters of the states. This process has been deliberately designed to be difficult, ensuring that changes to the Constitution are made thoughtfully and with broad consensus.
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Amendments can be proposed by a constitutional convention
The process of repealing a constitutional amendment is challenging and has only been achieved once in the history of the United States. The Constitution's Article V outlines that an amendment can be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. This convention method for proposing amendments has never been used, but it is an option.
A constitutional convention, also referred to as an Article V Convention, is one of two methods authorized by Article Five of the United States Constitution for proposing amendments. On the application of two-thirds of state legislatures, Congress is mandated to call a convention for proposing amendments. However, these amendments only become law when ratified by three-fourths of the states, which is more than the number of states required to call for the convention.
The idea of a constitutional convention has its supporters, including retired federal judge Malcolm R. Wilkey, who argued that the Constitution has been corrupted by gridlock, the influence of interest groups, and members of Congress focused on re-election. However, others, such as Richard C. Leone, president of the Twentieth Century Fund, believe that recent efforts to amend the Constitution go too far and are an overreaction to dissatisfaction with the government.
The process of proposing amendments through a constitutional convention has sparked debates among scholars and commentators. One debate centres around Congress's control over the convention, including the selection of delegates, the setting of rules, and the vote threshold for proposing an amendment. Another discussion point is whether states can determine the scope of an Article V convention by applying for a convention on specific subjects. Some scholars argue that Article V permits states to apply for a convention on particular amendment texts, while others contend that the Constitution only provides for a general convention without limiting the scope to specific matters.
In conclusion, while amendments can be proposed by a constitutional convention called for by two-thirds of state legislatures, this method has never been utilized. The process of proposing amendments through a convention has sparked debates and discussions regarding Congress's role, the scope of the convention, and the ratification process.
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Amendments must be ratified by three-quarters of the states
The process of repealing a constitutional amendment is a challenging and lengthy procedure. The United States Constitution was designed to be a durable document, and its framers intended for the amendment process to be arduous. The Constitution has only been amended 27 times since it was drafted in 1787, reflecting the success of their endeavour.
Amendments can be proposed by Congress or through a constitutional convention requested by state legislatures. However, the latter method has never been used in the history of the United States. For an amendment to be proposed by Congress, it must achieve a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed, it must be ratified by three-quarters of the states to become part of the Constitution. This step is crucial, as it ensures that any changes to the Constitution reflect the will of a significant majority of the country. The ratification process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist's role is primarily administrative, following procedures established by the Secretary of State and the Administrator of General Services. Once the required number of ratification documents is received, the Archivist certifies the amendment's validity, and it becomes an official part of the Constitution.
The process of repealing an amendment follows similar steps. In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment, which repealed the 18th Amendment and ended Prohibition. To repeal an amendment, a new amendment must be proposed and ratified by three-quarters of the states, just like any other amendment. This can be achieved through a proposed amendment passed by Congress with a two-thirds majority or by a constitutional convention called for by two-thirds of state legislatures.
In conclusion, the process of repealing a constitutional amendment is a challenging and rare occurrence. The requirement for ratification by three-quarters of the states ensures that any changes to the Constitution are widely supported and carefully considered.
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The process is intentionally difficult
The process of repealing a constitutional amendment is intentionally difficult. The Constitution was written ""to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution wanted the amending process to be challenging, ensuring that any changes would be thoughtful and significant.
There are two ways to repeal a constitutional amendment. Firstly, a proposed amendment must be passed by the House and the Senate with a two-thirds majority vote. Following this, the proposed amendment must be ratified by three-quarters of the states. This process is outlined in Article V of the Constitution. It is worth noting that none of the amendments to the Constitution have been proposed by a constitutional convention, although it is an available option.
The second method of repeal involves a Constitutional Convention. Two-thirds of the state legislatures must call for this convention, and the states would then draft amendments requiring ratification by three-quarters of the states. This method has never been used, although some have supported the idea.
The high bar for repealing constitutional amendments is evident in the history of the United States. Since the Constitution was drafted in 1787, there have only been 27 amendments, with the most recent one added in 1992. Only one amendment, the 18th Amendment, has ever been repealed, which was achieved through the adoption of the 21st Amendment in 1933.
In recent years, there have been discussions about repealing other amendments, such as the 16th Amendment (federal income tax), the 17th Amendment (direct election of Senators), and the 2nd Amendment (right to bear arms). However, these talks have not come close to fruition due to the challenging nature of the repealing process.
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Only one amendment has ever been repealed
Amending the US Constitution is a difficult and time-consuming process. The Constitution's framers wanted it to be challenging to amend the document, and they certainly succeeded. In the history of the United States, only one constitutional amendment has been repealed: the 21st Amendment repealed the 18th Amendment in 1933.
The 18th Amendment, also known as "Prohibition", banned the manufacture, sale, and transportation of alcohol in the United States. It was ratified in 1919 and was the product of decades of efforts by the temperance movement, which believed that banning alcohol would reduce poverty and societal problems. However, the act was largely a failure. It could not prevent the mass distribution of alcoholic beverages and inadvertently caused a massive increase in organised crime. By the early 1930s, Prohibition had become unpopular, and Congress passed the 21st Amendment, with its repeal provision, in February 1933.
The 21st Amendment is unique in the way it was ratified and in its ultimate purpose to repeal a previous addition to the Constitution. The resolution required state conventions, rather than state legislatures, to approve the amendment, effectively reducing the process to a one-state, one-vote referendum. When Utah became the 36th state to approve the amendment in December 1933, the 21st Amendment not only repealed the broad prohibition on alcohol but also added language to the Constitution stating that individual states had the ability to define alcohol laws within their borders. Mississippi was the last state to lift all its Prohibition-era laws in 1966, while Kansas lifted its ban on public bars in 1987.
Although the 21st Amendment is the only amendment that has been repealed, there have been talks of repealing other amendments. In recent years, the 16th Amendment (the federal income tax), the 17th Amendment (the direct election of Senators), and the 22nd Amendment (presidential term limits) have been the subject of repeal discussions. In 2018, former Supreme Court Justice John Paul Stevens controversially called for the repeal of the Second Amendment, which guarantees "the right of the people to keep and bear Arms, shall not be infringed." However, none of these talks have come close to fruition.
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Frequently asked questions
Only one amendment, the 18th Amendment, has been repealed in US history. It was repealed by the 21st Amendment in 1933.
The 18th Amendment was repealed by a proposed amendment passed by the House and the Senate with two-thirds majority votes. It was then ratified by three-quarters of the states.
There are two ways to repeal an amendment. One way is to pass a proposed amendment with two-thirds majority votes in the House and the Senate, followed by ratification from three-quarters of the states. The second way is to have a Constitutional Convention, which requires two-thirds of state legislatures to call for it. The states would then draft amendments, which would need to be ratified by three-quarters of the states.
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