Isabella Carter
The Constitution of the United States has been amended several times since its adoption in 1787. The Eighteenth Amendment, which prohibited the production, transportation, and sale of alcohol, was repealed in 1933 by the Twenty-first Amendment, making it the only constitutional amendment in American history to be repealed. In recent years, there has been talk of repealing other amendments, such as the Second Amendment, which guarantees the right to bear arms, the Seventeenth Amendment regarding the direct election of Senators, the Sixteenth Amendment on federal income tax, and the Twenty-second Amendment on presidential term limits. However, the odds of any constitutional amendment being repealed are extremely slim.
| Characteristics | Values |
|---|---|
| Amendment repealed | Eighteenth Amendment |
| Year of repeal | 1933 |
| Amendment that repealed it | Twenty-first Amendment |
| Subject of repeal | Prohibition of alcohol |
| Year Prohibition began | 1919 |
| Year public sentiment turned against Prohibition | 1920s |
| Year Prohibition was included in a presidential candidate's platform | 1932 |
| Candidate | Franklin D. Roosevelt |
| Other amendments considered for repeal | 17th Amendment, 16th Amendment, 22nd Amendment, Second Amendment |
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What You'll Learn
The Eighteenth Amendment
In March 1933, President Franklin D. Roosevelt signed the Cullen-Harrison Act, which amended the Volstead Act and permitted the manufacturing and sale of low-alcohol beer and wines (up to 3.2% alcohol by volume). Finally, on December 5, 1933, the Eighteenth Amendment was officially repealed with the ratification of the Twenty-first Amendment, making it the only constitutional amendment in American history to be repealed. While Mississippi was the last state to lift all its Prohibition-era laws in 1966, some states continued to maintain prohibition at the state and local levels even after the repeal.
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Prohibition
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was ratified on January 16, 1919. The prohibition of alcohol was the result of decades of efforts by the temperance movement, which argued that a ban on the sale of alcohol would reduce poverty and societal problems, such as immoral sexual behaviour and violence. The movement also believed that prohibition would improve the overall health of Americans and reduce crime and corruption.
During the Prohibition era, alcohol consumption and alcohol-related deaths declined. However, the Eighteenth Amendment also had negative consequences. It drove the alcohol business underground, leading to the emergence of a large and pervasive black market. Prohibition also encouraged disrespect for the law and strengthened organised crime. Chicago's Al Capone, for example, earned an estimated $60 million annually from his bootlegging and speakeasy operations. Gambling and prostitution also reached new heights.
Public sentiment began to turn against Prohibition during the 1920s, and by the late 1920s, many Americans had come to oppose it as an infringement of individual freedom. The Great Depression also hastened its demise, as opponents argued that the ban on alcohol denied jobs to the unemployed and revenue to the government. The nonpartisan Association Against the Prohibition Amendment (AAPA) also contributed to public disillusionment. In 1932, Democratic presidential candidate Franklin D. Roosevelt included a plan to repeal the Eighteenth Amendment in his platform, and his victory in November 1933 led to the end of Prohibition.
The Twenty-first Amendment, which repealed the Eighteenth Amendment, was ratified on December 5, 1933. It not only ended the broad prohibition on alcohol but also gave states the power to define alcohol laws within their borders. However, it was not until 1966 that Mississippi lifted all its Prohibition-era laws, and Kansas did not lift its ban on public bars until 1987.
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Second Amendment
The Second Amendment to the US Constitution has been the subject of repeal discussions in recent years. It guarantees "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 odds of this amendment being repealed are considered extremely slim. Justice John Paul Stevens called for its repeal in an op-ed in the New York Times, but he did not offer an alternative. In his 2014 book, he suggested that the amendment should be rewritten to only pertain to state militias.
The process of repealing a constitutional amendment is challenging and requires a proposal by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of state legislatures. The amendment must then be ratified by three-quarters of the states.
The Eighteenth Amendment, which prohibited the production, transportation, and sale of alcoholic beverages, is the only amendment to have been repealed in US history. It was ratified in 1919 and was a product of the temperance movement, which argued that banning alcohol would reduce social problems and improve health. However, it led to the rise of organised crime and a thriving black market. Public sentiment turned against Prohibition during the 1920s, and Franklin D. Roosevelt's 1932 election platform included a plan to repeal it. The Twenty-first Amendment, ratified in 1933, repealed the Eighteenth Amendment and ended Prohibition.
In addition to the Second Amendment, three other amendments have been discussed for possible repeal: the 17th Amendment (direct election of Senators), the 16th Amendment (federal income tax), and the 22nd Amendment (presidential term limits). However, these discussions have not come close to fruition.
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Anti-Federalists
The Anti-Federalists were a late-18th-century political movement that opposed the creation of a stronger US federal government and the ratification of the 1787 Constitution. Led by Patrick Henry of Virginia, they believed that the position of president might evolve into a monarchy. They advocated for a more decentralised form of government with greater protections for individual rights and stronger representation for the states. Anti-Federalists were concerned that the national government would be too powerful and threaten individual liberties, given the absence of a bill of rights. They believed that the Constitution, as drafted, would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for the rise of tyranny.
The Anti-Federalists believed that the states should be significantly autonomous and independent in their authority, applying the right to self-administration in all significant internal matters without the unwanted interjections of the federal government. They held that almost all executive power should be left to the country's authorities, while the Federalists wanted centralised national governments. They also believed that a large central government would not serve the interests of small towns and rural areas. Generally, Anti-Federalists were more likely to be small farmers than lawyers and merchants and came from rural areas rather than the urban areas represented by many Federalists.
The Anti-Federalists' opposition to the ratification of the Constitution was a powerful force in the origin of the Bill of Rights to protect Americans' civil liberties. In response to their demands, the Federalists agreed to consider amendments to be added to the new Constitution. James Madison, a Federalist and the primary architect of the Constitution, introduced draft proposals of what would become the first ten amendments of the United States Constitution and advocated for their passage. During the American Revolution and its immediate aftermath, the term federal was applied to any person who supported the colonial union and the government formed under the Articles of Confederation. After the war, the group that felt the national government under the Articles was too weak appropriated the name "Federalist" for themselves.
The Anti-Federalists published a series of articles and delivered numerous speeches against the ratification of the Constitution. These writings and speeches have come to be known collectively as The Anti-Federalist Papers. Although Patrick Henry, Melancton Smith, and others eventually came out publicly against the ratification of the Constitution, the majority of Anti-Federalists advocated their position under pseudonyms.
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Supreme Court decisions
The US Constitution has been amended several times, but it has never been repealed. However, there have been discussions and attempts to repeal certain amendments. The process of repealing an amendment is the same as the process of amending the Constitution. According to Article V of 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. The amendment is then sent to the states for ratification, with three-quarters of states needing to approve it.
The only amendment to the US Constitution that has been repealed is the Eighteenth Amendment, which established the prohibition of alcohol. It was ratified in 1919 and repealed by the Twenty-first Amendment in 1933. The Twenty-first Amendment is also unique in the way it was ratified and its purpose of repealing a previous amendment. Since the repeal of the Eighteenth Amendment, there have been a series of Supreme Court decisions regarding Section 2 of the Twenty-first Amendment. These rulings have set general guidelines for advertising beverages, their prices, and allowed percentages in certain counties and municipalities within states.
In addition to the Eighteenth Amendment, there have been discussions about repealing other amendments. For example, Justice John Paul Stevens called for a repeal of the Second Amendment, which guarantees the right to keep and bear arms. However, he did not offer an alternative, and the odds of repealing an amendment are extremely low. Other amendments that have been subject to repeal talks include the 17th Amendment (direct election of Senators), the 16th Amendment (federal income tax), and the 22nd Amendment (presidential term limits).
The way the Constitution is understood and interpreted is influenced by court decisions, especially those of the Supreme Court. These decisions are referred to as precedents and can be used to examine federal legislation, the federal executive, and state branches of government to determine their constitutionality. The power of the Supreme Court to examine and strike down laws that are found to be unconstitutional is called judicial review. One example of the Supreme Court using this power is the controversial Dred Scott decision in 1857, where the Court declared an act of Congress unconstitutional.
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Frequently asked questions
The Eighteenth Amendment, which prohibited the making, transporting, and selling of alcoholic beverages nationwide, was the first to be repealed by the Twenty-first Amendment in 1933.
The Eighteenth Amendment was ratified in 1919 and was the product of a national temperance movement that believed that prohibiting alcohol would reduce crime and corruption, solve social problems, and improve the health of Americans. However, the act was largely unsuccessful, and public sentiment turned against it during the 1920s. The amendment inadvertently caused a rise in organized crime and bootlegging operations, and opponents argued that it denied jobs to the unemployed. Franklin D. Roosevelt's 1932 presidential campaign included a plan for repealing the amendment, and his victory that November led to the end of Prohibition.
In recent years, three other amendments have been discussed for potential repeal: the 17th Amendment (the direct election of Senators), the 16th Amendment (the federal income tax), and the 22nd Amendment (presidential term limits). Additionally, Justice John Paul Stevens called for a repeal of the Second Amendment, which guarantees the right to keep and bear arms, in an op-ed in the New York Times.
The Constitution's Article V outlines that 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. For an amendment to be ratified, three-quarters of the states must vote to approve it.
