Only One U.S. Constitutional Amendment Has Been Repealed: The 18th by the 21st

The Singular Exception

In 235 years and 27 amendments, **only one** has been fully repealed by another:

• 18th Amendment (1919): Prohibited "manufacture, sale, or transportation of intoxicating liquors."
• 21st Amendment (1933): Repealed the 18th; returned alcohol regulation to states.

Why the 18th Failed

• Unintended consequences: Organized crime (Capone, syndicates), speakeasies, bootlegging, corruption, toxic moonshine, lost tax revenue ($11B/yr), disrespect for law.
• Enforcement impossible: 18,000-mile coastline/land borders; 1,500 Prohibition agents vs. millions of violators.
• Great Depression: Need for jobs, tax revenue, personal liberty argument.
• Political realignment: 1932 election — FDR/Democrats ran on repeal; 21st passed Congress Feb 1933, ratified by state conventions Dec 1933 (unique method — only amendment ratified by conventions, not legislatures).

Other Amendments Modified, Not Repealed

Amendments Proposed to Repeal Others (Failed)

• Repeal 22nd (term limits): Introduced regularly (Reagan, Clinton, Trump eras) — never passes Congress.
• Repeal 16th (income tax): Libertarian perennial — no traction.
• Repeal 17th (direct election of Senators): State-rights advocates — no traction.

Why Repeal Is So Rare

• Article V threshold: 2/3 both Houses + 3/4 states (38).
• Amendments tend to *expand* rights (Bill of Rights, 13–15, 19, 23–26) or fix structural flaws (12, 20, 25).
• Repeal implies admission of fundamental error — politically risky.
• 18th was unique: a **moral experiment** that visibly failed across all metrics.

The 21st Amendment's Unique Legacy

• Only amendment ratified by **state conventions** (not legislatures) — to bypass dry legislatures.
• Section 2: Gives states **broad power to regulate alcohol** — basis for current patchwork (dry counties, state monopolies, shipping laws).
• Only amendment that **explicitly repeals another**.

Conclusion

The 18th/21st pair stands alone in constitutional history: a national policy enacted, tested, and reversed by the amendment process itself. Every other amendment endures — modified only by Supreme Court interpretation, not textual repeal.