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A former Supreme Court justice is calling for its repeal . One in five Americans desire to see it go . The president has come out swing in its defense .
The Second Amendmenthas emerged as a doubtful aim in the U.S. gun argumentation after a March 27 New York Times op - erectile dysfunction by former justice John Paul Stevens suggested that repealing the amendment would be a " simple " way tomove toward gun police force reform . A sight conducted in February by The Economist and YouGov found that 21 per centum of Americans favor rescind the Second , which reads " A well order Militia , being necessary to the security of a free State , the right of the people to keep and bear arm , shall not be infringed . " [ 5 Milestones in Gun Control History ]
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President Donald Trumptweeted in responsethat " THE SECOND AMENDMENT WILL NEVER BE REPEALED , " while many activists for gun - law of nature reform said that abrogation was not a goal .
" I think a proposal to amend the Constitution to substantially change the Second Amendment would more likely be used by the NRA [ National Rifle Association ] to galvanise their supporters and perchance even engage less active throttle owners , " Rep. David Cicilline ( D - RI)told The Atlantic .
History of repeal
So that ’s innovative political sympathies . But what of Stevens ' asseveration that repeal would be " simple ? " There ’s historical precedent for that . Only one constitutional amendment has ever been enacted to repeal another . The Twenty - First Amendment , ratify in 1933 , repealed the Eighteenth Amendment , ratified in 1919 , which had instituted inhibition .
The Eighteenth Amendmentprohibited the manufacture , sales agreement or transportation of " intoxicating John Barleycorn , " but the result explosion in black markets , bootlegged booze and get up crime grow public opinion against Prohibition , according to The National Constitution Center .
Public support for the Eighteenth Amendment was never particularly consuming anyway , according toThe Mob Museumin Las Vegas . In 1922 , just three years after the ban on alcohol go into effect , 20 percent of citizenry wanted to see the Eighteenth Amendment repealed , and 40 pct wanted to see modifications to the Volstead Act , the legislation designed to enforce the amendment , according to the museum ’s on-line Prohibition history .
By the late 1920s , public opinion was more and more sour on Prohibition , especially after the 1929 Saint Valentine ’s Day Massacre , the execution - style killing of seven member of Chicago ’s North Side Gang . According to the Mob Museum , even Prohibition advocates were over the Eighteen Amendment : Pauline Sabin , the first distaff member of the Republican National Committee and a former advocate of Prohibition , switch sides in 1929 and started campaign for repeal . It would be a bit like Wayne LaPierre , the executive frailty president of the National Rifle Association , all of a sudden deciding to oppose the Second Amendment today .
Thank the economy
Meanwhile , as the Great Depression sent unemployment skyrocketing and shantytowns named " Hoovervilles " after President Herbert Hoover down up around city , anti - Prohibition advocates declared that countermand the Eighteenth Amendment would open up up new seed of tax income for the government and new germ of utilisation for the destitute .
" By revoke an experiment which , however rightfully intentioned , has failed with lamentable consequence , we should lift vast revenues for the government , we should greatly help agriculture , we should considerably decrease unemployment . " John J. Raskob , the chairman of the Democratic National Committee at the time , was cite as sayingin a 1931 economical account . ( That paper conclude that abrogation would take in almost $ 1 billion to the federal treasury per year . )
In 1932 , Franklin Roosevelt push , in part , for abrogation , also using the economic literary argument for tax alcohol sales . He won hands down over Hoover , who was wide blamed for the Great Depression . The now Democrat - control House and Senate started plotting out the Twenty - First Amendment shortly after the election .
clause V of the Constitution provides two paths to amending the Constitution . The first requires two - third of state legislatures to call a Constitutional Convention . The Twenty - First Amendment went the second route : Congress shout for the amendment with a more than two - thirds bulk vote , sending it to the state , which were required to hold referendum votes . These votes would then bond delegate to a convention in each state , where there were straight yes - and - no vote on whether to approve the amendment . accord to the Mob Museum , the end was to avoid " dry " state representative from holding up the amendment .
The cognitive process move fleetly . Congress passed the repeal of Prohibition on Feb. 21 , 1933 . Utah approve the amendment on Nov. 7 , 1933 , providing the necessary two - third gear majority to station it back to Congress , which ratified the amendment on Dec. 5 , 1933 .
Original article on Live Science .
