If you’re asking how do you repeal an amendment, you’re probably looking at the current political chaos and wondering why we can't just hit the "undo" button on parts of the Constitution. It feels like it should be a thing, right? We change laws all the time. But the U.S. Constitution isn't a normal law. It’s the framework for everything else. Because of that, getting rid of an amendment is basically the final boss of American politics.
It's hard. Intentionally so.
The Founding Fathers were kinda obsessed with stability. They wanted a system that wouldn't blow away every time the political wind changed direction. So, they baked Article V into the Constitution. That's the roadmap. It’s the only way forward, and honestly, it’s a brutal climb. In over 230 years, we’ve only successfully repealed an amendment exactly once. Just once.
The One Time We Actually Did It
To understand the mechanics, you have to look at the 21st Amendment. This is the gold standard for anyone asking how do you repeal an amendment because it’s the only successful case study we have.
Back in 1919, the 18th Amendment kicked off Prohibition. It banned the "manufacture, sale, or transportation of intoxicating liquors." People hated it. Or, more accurately, enough people hated it after a decade of organized crime and bootlegging that the momentum for change became unstoppable. By 1933, the country was done.
But Congress couldn't just pass a law saying "Alcohol is legal again." The ban was written into the Constitution itself. To kill the 18th, they had to pass the 21st.
The 21st Amendment is unique because it's the only one ratified by state nominating conventions rather than state legislatures. Why? Because Congress was worried that local politicians in "dry" states would be too scared of religious voters to support the repeal. By going to conventions—basically a direct-ish vote by the people—they bypassed the typical legislative gridlock. It worked. On December 5, 1933, Utah became the 36th state to ratify, and just like that, the 18th Amendment was dead.
The Brutal Math of Article V
If you want to move a mountain, you need a big enough lever. Article V provides two ways to propose an amendment and two ways to ratify it. Most people think it starts and ends in D.C., but that's not true.
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First, you need a proposal. Usually, this happens when two-thirds of both the House and the Senate vote for it. Think about those numbers for a second. In a polarized world, getting 67 Senators to agree on what color the sky is can feel impossible, let alone agreeing to strip something out of the Constitution.
There is a "break glass in case of emergency" option, though. Two-thirds of state legislatures (that's 34 states) can call for a national convention to propose amendments. This has literally never happened. Not once. There’s a lot of fear around this because once a convention starts, there aren't really any clear rules. It could technically turn into a "runaway convention" where they start rewriting everything from the Second Amendment to the right to a jury trial.
The Ratification Wall
Even if you manage to propose the repeal, you’re only halfway there. Now you have to ratify it. This requires three-fourths of the states.
That means 38 states.
If you’re trying to repeal something controversial, you only need 13 states to say "no" to kill the whole thing. In a country where the "Red State/Blue State" divide is so sharp, finding 38 states to agree on a repeal is a Herculean task. This is why the Equal Rights Amendment (ERA), which technically wasn't even a repeal, sat in limbo for decades.
Why We Don't Repeal More Often
Most of the time, when people are mad about an amendment, they don't actually try to repeal it. They try to "re-interpret" it. This is where the Supreme Court comes in.
Take the Fourth Amendment. It protects you from "unreasonable searches and seizures." What "unreasonable" meant in 1791 (don't kick down my door without a paper from a judge) is very different from what it means in 2026 (don't track my phone's GPS data without a warrant). We didn't need to repeal or rewrite the amendment to cover cell phones; the Court just changed how it's applied.
This is the "Living Constitution" theory. It’s a lot easier to wait for a specific Court case than it is to coordinate a nationwide repeal movement.
The Political Risk Factor
Let's get real: politicians are generally terrified of the amendment process. Opening up the Constitution for edits is like opening a digital file and accidentally hitting "delete" on the formatting. Once you start the process of how do you repeal an amendment, you’re signaling that the foundation is up for grabs.
Misconceptions About the Process
A lot of folks think the President has a role here. They don't.
The President cannot veto a proposed amendment. They don't even sign it. When Congress passes a joint resolution to propose an amendment, it goes straight to the Office of the Federal Register (OFR) at the National Archives. From there, it’s sent to the governors of the 50 states. The President is essentially a bystander in this specific process, though they obviously use the bully pulpit to influence public opinion.
Another common myth is that amendments have an expiration date. Some do, but only if Congress writes a "sunset clause" into the proposal. For example, when they proposed the 21st Amendment, they gave the states seven years to ratify it. If Utah hadn't signed on by 1940, the 18th Amendment might still be the law of the land today.
Modern Targets for Repeal
While it's rare, people still talk about repeal all the time. Depending on who you ask, there are three big targets that usually come up in bar-room debates and political science seminars.
- The Second Amendment: This is the most famous one. Advocates for repeal argue it’s an archaic relic of the 18th century, while defenders see it as the ultimate safeguard of liberty. Given the math we discussed earlier (the "13 states can block anything" rule), a repeal of the Second Amendment is mathematically almost impossible in our lifetime.
- The Sixteenth Amendment: Some folks really, really hate the federal income tax. Every few years, a movement pops up to repeal the 16th, which allowed the government to collect taxes on incomes. Without a clear replacement for how to fund the military or Social Security, these movements usually stall out quickly.
- The Twenty-Second Amendment: This one limits the President to two terms. Occasionally, when a President is very popular, their supporters will float the idea of repealing this so they can run again. This happened with Reagan, and it’s been discussed in more recent administrations too. But again, the barrier is just too high.
Is It Even Worth the Effort?
Honestly, if you're looking at how do you repeal an amendment as a solution to a current problem, you’re looking at a multi-decade project. It requires a level of national consensus that we haven't seen since the 1930s.
You need:
- A massive, grassroots movement that crosses party lines.
- Supermajorities in both houses of Congress.
- Control or massive influence over 38 state legislatures.
It’s not just about winning an election; it’s about winning an entire era of political thought.
Actionable Steps for the Determined
If you're serious about pursuing a repeal or just want to be part of the conversation, there is a specific way these things actually start. It doesn't start with a tweet. It starts with state-level organization.
Focus on the State Legislatures
Since 34 states are needed to even call for a convention, and 38 are needed to ratify, the real power isn't in D.C. It’s in places like Des Moines, Albany, and Sacramento. If you want to change the Constitution, you have to start by getting your state representatives to pass a resolution supporting your cause.
Understand the "Application" Process
Under Article V, states can submit "applications" for a convention. Some groups, like the Convention of States, have been working for years to get enough states to apply for a convention specifically to propose term limits or balanced budget requirements. They are closer than most people realize, but they’re still short of the magic number 34.
The Judicial Route
If the goal is to nullify the effect of an amendment rather than the words themselves, focusing on judicial appointments is historically more effective. The Supreme Court has the power to "gut" an amendment by narrowing its definition so much that it basically loses its teeth. This is how the 14th Amendment’s "Privileges or Immunities" clause was essentially rendered useless for a century.
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Build a Bipartisan Coalition
You cannot repeal an amendment with 51% of the country. You can't even do it with 60%. You need a supermajority. That means your argument has to appeal to people who don't agree with you on anything else. The 21st Amendment passed because even people who didn't drink were tired of the gang violence caused by Prohibition. You have to find that "side effect" that everyone hates.
Ultimately, the process of repealing an amendment is the ultimate test of American resolve. It is designed to be exhausting, frustrating, and nearly impossible. That’s not a bug in the system; it’s the main feature. It ensures that while the laws of the land can change with the seasons, the foundation of the country only moves when the entire nation decides to push in the same direction.
To make an actual dent in this process, start by researching your state's current stance on Article V applications. Many states have "active" applications for conventions that are decades old. Understanding where your local representatives stand on the "Convention of States" movement is the most practical way to see how this theoretical process is actually playing out in real-time.