Can Congress Really Revoke the First Amendment?

There is a curious belief circulating that Congress could potentially revoke or amend the First Amendment through another constitutional amendment. While it is technically possible to propose such an amendment, the likelihood of it being ratified and becoming part of the Constitution is incredibly low. This article will explore whether Congress can revoke the First Amendment and what the process would look like.

Understanding the Process

The U.S. Constitution allows for amendments through a specific process outlined in Article V. Specifically, Congress can begin the process by proposing a constitutional amendment by a two-thirds vote in both the House of Representatives and the Senate. Once this happens, the proposed amendment is sent to the individual states for ratification. To become part of the Constitution, three-quarters of the states (38 out of 50) must ratify the amendment.

The Current Scene on congress.gov

According to congress.gov, an official U.S. government website that catalogs legislative information dating back to 1951, there has never been a joint resolution to repeal the First Amendment. Given the long history of Congress and the number of politicians who have held various views and ideologies, the absence of such a proposal is a strong indicator that it is not a realistic concern.

Assuming for Hypothetical Purposes

For the sake of academic discussion, let us imagine that Congress did propose an amendment to repeal the First Amendment. Even in this hypothetical scenario, the amendment would need to be ratified by 38 states out of the 50. Given the practical and political challenges involved, this is highly unlikely to happen. Additionally, such a proposal would face significant opposition from the American public, civil liberties advocates, and other political entities.

The Reality of Voting Rights

It is important to understand that repealing the First Amendment would not mean that the rights enumerated in the First Amendment are eliminated. Just as repealing the Second Amendment does not allow the government to immediately disarm citizens, repealing the First Amendment would not result in an instant erosion of First Amendment rights.

Can Congress Unilaterally Repeal an Amendment?

Some argue that Congress can unilaterally repeal amendments by passing a new amendment. However, this is a misconception. Any amendment to the Constitution, including the repeal of another amendment, must go through the entire two-step process described earlier. It cannot be done unilaterally.

Constitutional Protection

The First Amendment is part of the Bill of Rights, which forms a partial list of rights that the government is prohibited from infringing upon. It is not a simple list of granted rights but a set of protections against government overreach. The repeal of the First Amendment would require a significant and comprehensive shift in the balance of power between the government and the people.

The Thirteenth Amendment Case

As a point of reference, the Thirteenth Amendment prohibits slavery. If it were repealed, it would indeed be lawful again, except for the protections provided by other constitutional amendments and federal laws. However, as mentioned, this is an unlikely scenario given the entrenched societal and legal protections.

Ensuring the Protection of Rights

The best protection against any attempt to repeal the First Amendment is through the democratic process, specifically, electing representatives who uphold the Constitution and respect the rights it protects. It is crucial to stay informed and actively participate in the electoral process to ensure that our elected officials adhere to the Constitution and do not overstep their bounds.

Note: This article is intended for educational purposes and does not constitute legal advice.