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None of that talk came close to fruition. It is up to the states to approve a new amendment, with three-quarters of the states voting to ratifying it. The one instance of an amendment appeal, the 21 st Amendment , shows how this unusual process works. By the early s, Prohibition had become unpopular and Congress passed the 21 st Amendment, with its repeal provision, in February just before Franklin Roosevelt became President.
The amendment proposed for ratification included language never used before but permitted under Article V: state conventions and not state legislatures would be called for ratification votes, out of fear the temperance lobby would influence state lawmakers. A survey conducted in February by The Economist and YouGov found that 21 percent of Americans favor repealing the Second, which reads "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.
So that's modern politics. But what of Stevens' assertion that repeal would be "simple? Only one constitutional amendment has ever been enacted to repeal another. The Twenty-First Amendment, ratified in , repealed the Eighteenth Amendment, ratified in , which had instituted Prohibition. The Eighteenth Amendment prohibited the manufacture, sale or transportation of "intoxicating liquors," but the resulting explosion in black markets, bootlegged liquor and organized crime turned public opinion against Prohibition, according to The National Constitution Center.
In , just three years after the ban on alcohol went into effect, 20 percent of people wanted to see the Eighteenth Amendment repealed, and 40 percent wanted to see modifications to the Volstead Act, the legislation designed to enforce the amendment, according to the museum's online Prohibition history.
By the late s, public opinion was increasingly souring on Prohibition, especially after the Saint Valentine's Day Massacre, the execution-style killing of seven members of Chicago's North Side Gang. According to the Mob Museum, even Prohibition advocates were over the Eighteen Amendment: Pauline Sabin, the first female member of the Republican National Committee and a former advocate of Prohibition, switched sides in and started campaigning for repeal.
It would be a bit like Wayne LaPierre, the executive vice president of the National Rifle Association, suddenly deciding to oppose the Second Amendment today.
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