How to Unratify an Amendment

In the Declaration of Indpendence, Thomas Jefferson stated that a government derives its just power from the consent of the governed. He also stated that people not only have the power to give their consent, but have the power to withdraw it.

We give our consent to amendments and we have the lawful aluthority to withdraw our consent whenever we feel it is necessary to change the Constitution in order to create a more perfect union.

Sometimes, when attempting to make a more perfect Union, we we the people  make a mistake by ratifying an ill advised amendment. The states were overwhelmingly in favor of the ratification of the 18th, but soon discovered that it was impossible to enforce. As a result  Congress introduced a new a amendment to repeal the the 17th Amendment.

When states gave their consent when they ratified the 18th Amendment and withdrew their consent when they ratificed the 21st Amendment.

In order for an amendment to be added to the Constitution an amendment needs to be approved of by three fourths of the slates. In the case of the 18th Amendment, it needed the support of 36 of the 48 states. In other words if 13 states that initially voted for its ratification decided to repeal the amendment they could do simply withdraw their consent by rescinding their vote in favor of ratification. This would reduce the number of states to 35 which would be one less than the number required for an amendment to be lawfully ratified.

In the case of the 17th Amendment it took the ratification of 36 or the 48 states to be ratified and if the number of states supporting the amendment were to drop below the 36 state threshhold, the amendment would no longer be Constitutionally valid.

The states have the power to give as well as withdraw their consent to amendments without the consent of Congress. The Tenth Amendment guarantees that any and all power not delegated to the government of the united States, nor prohibited to the states is reserved to the states and the people. Since the power to withdraw consent is not mentioned in the Constitution, it is a power that is reserved to the states and the people.

In the case of the 17th Amendment, Delaware rejected the proposed amendment in 1913 and then in 2010 the legislature changed their mind and voted for its ratification.

The amendment currently has 41states that have ratificed the amendment and if six states were to change their previous vote in favor of its ratifiacation, the amendment would fall one state short of the lawful requirement.

This is a message that must be shared with the representatives in all of the 50 states. The states can not protect the people withouta seat at the bargaining table. We must restore the sovereignty of the states by repealing the 17th Amendment.

This same process could be followed to rid ourselves of the 16th Amendment as well. There are 42 states that have allegedly ratifice dthe 16th Amendment and if  sevem states withdrew their consent, the amendment would lawfully cease to exist.

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  • Why would we assume that those in control would ever let us get back to a dejure form of govt.? They ignore us like piss ants at a picnic. If we appear to gain any audience to our pleas they take measures to quash any resistance to their agenda.

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