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Amendments

Page history last edited by mberry 13 years, 11 months ago

previous section 'The Bill of Rights'

next section  'Checks and Balances and Separation of Powers'

                                               

 

 

 

Here is a little inspiration before you embark on this painful amendment journey! Don't get too distracted!

 

 

 

Constitutional Amendments 11-27

 

 

                               

 

Below is a list of amendments 11-27, word for word. Under each is a brief sentence or two that sum up the amendment because old English can get a bit…wordy. Feel free to visit the fun page anytime!

 

11th Amendment 

date of enactment: February 7, 1795                                             

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

 

Meaning - The 11th Amendment reserves the right of sovereign immunity, which is a doctrine that states that the sovereign or state can commit no legal wrong and is immune from severe impositions or punishment or criminal suits by being sued by a person in another state or country. 

 

12th Amendment             

date of enactment:June 15, 1804

"The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice- President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President--The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." 

 

Meaning- The 12th Amendment lays out the revised procedure for which the president and vice-president are elected and the procedure for what should ensue, should the president be incapacitated to perform his duties.

 

13th Amendment

date of enactment: December 6, 1865

"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation."

Meaning- The 13th Amendment confirms the abolition of slavery, and bans involuntary servitude except for the purpose of punishment for a crime. Though this amendment was not widely accepted immediately by the rebellious southern states, it was still a landmark amendment that completely redefined America. This was a progressive and radical step in the American government and economy. It took over 100 years for integration to reach the level it is at now. 

14th Amendment

date of enactment:July 9, 1868

 "Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Meaning- Section 1 of the 14th Amendment defines that a person cannot be denied rights such as life, liberty or the pursuit of happiness if they are American citizens in their respective state (so it just restates the 4th Amendment). Furthermore, individual states cannot deny a citizen any rights, nor laws enforced that would "abridge the immunities" of the citizens. Section 2 apportions the representatives per state, and lays out regulations for a position in the Legislative Branch that may be denied on the basis of age and treason and inserted the word Male for the first time into the Constitution. Section 3 states that a person in the U.S. cannot hold any public office, nor be a representative of America if they have previously given aid to an enemy country or committed any treason against the U.S. However, Congress has the ability of dismantling this 'disability' by a 2/3 vote. Section 4 confirms the public debt of the United States as it is legislated by Congress. Also, it states that the no state should pay for compensation for losses in the Civil War via the Confederacy. Section 5 allows Congress to enforce the laws in the sections stated above.  

The 14th amendment was the North's way of bringing the southern states who seceded back into the Union. It removed the 3/5ths system (remember the 3/5 Compromise?) in which slaves in the southern states had counted for 3/5 of a white person. They were now accorded equal status. It ensured that each person had rights on the state level as well as the federal level(although blacks were, after the emancipation proclamation, supposed to be equal, it would not be until the late 1960's when they would be fully recognised in the south). the 14th amendment stated that the Federal Government would not pay the debts that the Confederate states had created. Finally, it included a way to measure the loyalty of any Legislators who had previously fought for the South to insure that the Civil War, or any form of large scale rebellion or succession does not happen again.

Amendment 15

date of enactment:February 3, 1870

 

"Section. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section. 2. The Congress shall have power to enforce this article by appropriate legislation."

Meaning- Section 1 of the 15th Amendment guarantees that a citizen cannot be denied the right to vote on the because of their race or previous servitude circumstances. Section 2 gives Congress the power to enforce section 1 of the 15th Amendment.

The 15th Amendment was designed to ensure that blacks and other racial minority groups were equal and could vote (women were excluded because the word "male" had been inserted in the 14th Amendment for the first time). While it was an important piece of legislation, it did not address the clever ways that such a controversial act Amendment could go unenforced and unacknowledged. For the next 90 years, blacks would be prosecuted and abused in the South. It was not until the mid 1960s that many southerners were finally forced, (and grudgingly at that) to accept African Americans' equality under the law.

 

Did you Know?

Amendments 13-15 are known as the Reconstruction Amendments

and Amendments 16-19 are known as the Progressive Amendments?

 

 

Amendment 16

date of enactment: February 3, 1913

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

 

Meaning- The 16th Amendment gave the right to the federal government to levy taxes on income with no regard for the population of the state they were taxing. This was the first time (other than during the Civil War) that the US had an income tax.  It has been with us ever since.  Like most amendments, this created mixed reactions.  Many people screamed that the government was taking too much power and was infringing on people's rights. Others argued that the government was doing all it needed to do in order to keep the nation healthy and strong.

 

Amendment 17

date of enactment: April 8, 1913

"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution."

  

 Meaning- The 17th Amendment changed the system of Senators' elections process. While they had previously been elected into office by the state legislatures (making it much easier for them to bribe/ extract favors from other politicians to get into office), the Senators would now be elected by a vote from the citizens of the state. This ensured that the representatives of the states were elected by the majority and not powerful lobbyists who had influence in the state government.  It is an important landmark as it took an important power away from the government and gave it to the people to ensure that their voice was heard.  It is a quintessential Progressive Amendment. 

    

Amendment 18

date of enactment: January 16, 1919

"1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress."

 

Meaning- The 18th Amendment was created to stop the sale of alcohol. In particular to lower class immigrant families (mostly the Irish). They would spend their wages on liquor and become drunk and unruly, sometimes culminating in serious acts of violence. Prohibition or "Temperance" as it was known was only successful for a little more than a decade as the amendment was repealed.

 

Amendment 19

date of enactment: August 18, 1920

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation."

 

Meaning- The 19th amendment was passed in the 20s in response to the first wave of the Women's Rights movement. There had been several attempts over the years to gain equality under the law. Finally in 1920, women were granted the right to vote. The United States was finally taking its first steps to become a nation of "equals".

 

Amendment 20

date of enactment: January 23, 1933

"1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

 

Meaning-The 20th Amendment insures that the government will function properly and will be able to meet with demands of the nation. It states that Congress must assemble at least once every year(however it is highly recommended that it does so much more often). It also moved the date up when the newly elected President/VP take office. Then it clarifies the proper succession of the President and Vice-President in the event of their death in office, how the Congress will replace them to keep the country running smoothly and with as minimum hindrance as such an event like that may cause.

 

Amendment 21

date of enactment: December 5, 1933

"1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress."

 

Meaning- The 21st Amendment finally repealed the Prohibition laws. The outlawing of liquor had little or no affect on its production or sale. It had continued to be manufactured illegally and sold in shady bars that had become to have been known as "Speakeasies". It was finally abolished and it became legal once again to produce and sell alcohol (thus ending the speak easies and the mob's hold on the bootlegging business in the big cities).

 

Amendment 22

date of enactment:February 27, 1951

"1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

 

Meaning- The 22nd Amendment was passed by the Republicans in Congress in response to the many terms of Franklin Delano Roosevelt. He had been elected into office for four consecutive terms. The country was in chaos and very close to collapse (the Great Depression and WWII) but FDR was able to hold it together. He was elected by the American people and continued to keep his approval rating relatively high. Perhaps in times of crisis it is acceptable to break the rules if national security is at stake. The new amendment allowed a candidate to serve in the office of President for 10 years maximum (two terms and taking over after the death or resignation of a president).

 

Amendment 23

date of enactment: March 29, 1961

"1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

2. The Congress shall have power to enforce this article by appropriate legislation."

 

Meaning- The 23rd Amendment included three more votes in the electoral college who represented the District of Colombia. It is only fair that, since it employs so many of the nations' top thinkers and intellectuals, they have a say in the election process of the country.

 

Amendment 24

date of enactment: January 23, 1964

"1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

2. The Congress shall have power to enforce this article by appropriate legislation."

 

Meaning- The 24th Amendment states that even if a citizen fails to pay a tax for any reason, they cannot be prohibited in voting in any election. This Amendment was most important because it made unconstitutional poll taxes which were used as a ploy to keep the poor and African Americans from voting in the Jim Crow South.

 

 

Amendment 25

date of enactment: February 10, 1967

"1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office."

 

Meaning- The 25th Amendment is a safety net which furthers a line of succession if the President and Vice-President become unable to preform their duties to the nation. It also includes rules to determine whether a President is unable to preform his duties while in office.

 

Amendment 26

date of enactment: July 1, 1971

"1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

2. The Congress shall have power to enforce this article by appropriate legislation."

 

Meaning- The 26th amendment was a reinforcement to the 15th amendment and ended Jim Crow segregation in the South by reaffirming the right to vote by any U.S. citizen regardless of race or sex if they are over the age of 18.

 

Amendment 27

date of enactment: May 7, 1992

"No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."

 

Meaning - The 27th Amendment is the last amendment to date. It states that any law which increases the wage that Senators and Representatives receive will not be made available to them until they are re-elected back into office.

 

for fun amendments quiz, go to this site! (2)

previous section 'The Bill of Rights'          

next section  'Checks and Balances and Separation of Powers'

 

Works Cited

     (1) Mount, Steve The United States Constitution Online

  <http://www.usconstitution.net/const.html(1995-2010)

     (2) Iby Inc. "The Amendments Quiz Quiz" <http://www.ibeatyou.com/quiz/824a9c/the-amendments-quiz> (2009)

 

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