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Amendments Amendments XI-XXVIIXI-XXVII

Amendments XI-XXVII

Amendments don’t happen often; only 17 since 1791.

Discussion lately: amendments regarding flag desecration, marriage issues.

Not serious push since 1992.

Amendment XI (1795)Amendment XI (1795) Protects the states against lawsuits in Protects the states against lawsuits in

federal courts by citizens of other states federal courts by citizens of other states or a foreign nation.or a foreign nation.

Result of USSC case (Result of USSC case (Chisholm v. Chisholm v. Georgia Georgia (1793)), the USSC upheld a (1793)), the USSC upheld a default judgment against Georgia for default judgment against Georgia for failing to pay a Revolutionary War debt failing to pay a Revolutionary War debt to a merchant from SC for clothing to a merchant from SC for clothing supplied. supplied.

States thought they were immune from States thought they were immune from suits.suits.

Amendment here reaffirms state Amendment here reaffirms state sovereignty. Can sue if a state violates sovereignty. Can sue if a state violates the Constitution (or if they receive the Constitution (or if they receive federal $), however.federal $), however.

Specifically overturned a USSC opinion. Specifically overturned a USSC opinion. Slapped them down but good.Slapped them down but good.

Amendment XII (1804)Amendment XII (1804) Changed the way president/VP Changed the way president/VP chosen. chosen. Originally, winner was president, Originally, winner was president, second place was VP.second place was VP. Now, separate balloting for president Now, separate balloting for president and VP.and VP. Adams finished 1Adams finished 1stst in 1800, Jefferson in 1800, Jefferson 22ndnd. Different parties.. Different parties. If no candidate gets majority of If no candidate gets majority of electoral votes, House of Reps electoral votes, House of Reps chooses. VP? Senate.chooses. VP? Senate. Two presidents chosen this way: Two presidents chosen this way: Jefferson (1803) and JQ Adams (1824).Jefferson (1803) and JQ Adams (1824).

Amendment XIII (1865)Amendment XIII (1865) Abolished slavery after Civil Abolished slavery after Civil War.War. Lincoln: Spoke out against the Lincoln: Spoke out against the morality of slavery many times.morality of slavery many times. Politically though (at first) wanted Politically though (at first) wanted containment; no further expansion of containment; no further expansion of slavery. Hoped to starve it off.slavery. Hoped to starve it off. Corwin Amendment (1861): Corwin Amendment (1861): Proposed in Congress when Lincoln Proposed in Congress when Lincoln sworn in (3/1861). sworn in (3/1861). Would have added an unamendable Would have added an unamendable provision to the Const. forbidding provision to the Const. forbidding Congress to outlaw slavery where it Congress to outlaw slavery where it existed (attempt to stop secession). existed (attempt to stop secession). Lincoln actually supported this at Lincoln actually supported this at first…wanted to preserve union at all first…wanted to preserve union at all costs. costs.

• Civil War starts, April 1861. • Emancipation Proclamation

issued 1/1863: War measure: Proclaimed freedom for slaves in the states in rebellion.

• As union armies took more territory, more slaves freed. “Announced a revolutionary new war aim – the overthrow of slavery by force of arms if and when Union armies conquered the South” (historian James McPherson).

• Once war over, 13th Amendment made this more than a “war measure.”

Amendment XIII (1865)Amendment XIII (1865)

Amendment XIV (1865)Amendment XIV (1865) Passed to deal with Passed to deal with legal legal

status of former slavesstatus of former slaves.. Granted national Granted national and state and state

citizenship to slaves. Born citizenship to slaves. Born in USA? Citizen. Some in USA? Citizen. Some upset. . .illegal immigrant upset. . .illegal immigrant kids?kids?

Privileges or Privileges or Immunities ClauseImmunities Clause: Like : Like Article IV. Protects Article IV. Protects “privileges and “privileges and immunities” of citizens immunities” of citizens from statesfrom states. Not totally . Not totally clear what this meant.clear what this meant.

Amendment XIV (1865) IIAmendment XIV (1865) II Due process clauseDue process clause: Protects : Protects

DP rights from DP rights from statestate violations. violations. Has been used to apply Bill of Has been used to apply Bill of Rights to the states Rights to the states (incorporation).(incorporation).

““nor shall any State deprive any nor shall any State deprive any person of life, person of life, libertyliberty, or , or property, without due process of property, without due process of law; nor deny to any person law; nor deny to any person within its jurisdiction the equal within its jurisdiction the equal protection of the laws.”protection of the laws.”

Equal protection clauseEqual protection clause: : Prohibits unreasonable Prohibits unreasonable discrimination by discrimination by statesstates. .

If law treats people differently, If law treats people differently, state needs to demonstrate a state needs to demonstrate a good reason for that difference.good reason for that difference.

First sentence of section two: First sentence of section two: Overturns 3/5 compromise (all Overturns 3/5 compromise (all citizens count as 1).citizens count as 1).

Amendment XV (1870) Gave voting rights to African

American men. 14A had not given them right to

vote; this clarified this. Was discussion of adding gender

to this. . .not successful. Congress can pass laws to enforce

this. Example: the Voting Rights Act of 1965 prohibited literacy tests, allowed federal officials to supervise voter registration, and outlawed the dilution of minority voter strength in drawing the boundaries of electoral districts.

Amendment XVI (1913)Amendment XVI (1913) Allowed for the Allowed for the income taxincome tax. . Overturned a USSC case. Overturned a USSC case. Congress may impose taxes on Congress may impose taxes on income from any source without income from any source without having to divvy up the total having to divvy up the total dollar amount of tax collected dollar amount of tax collected from each state according to from each state according to each state's population in each state's population in relation to the total national relation to the total national populationpopulation. So if Iowa and Maine had same population, had to pay same taxes (even if one rich, one poorer). No more. Increased federal revenue and Increased federal revenue and allowed the national government allowed the national government to play a larger role in American to play a larger role in American life. life.

Amendment XVII (1913)Amendment XVII (1913) Changed Changed the way senators the way senators were selectedwere selected. .

Used to be state legislatures Used to be state legislatures making selections.making selections.

Now, Now, direct electiondirect election by the by the people.people.

Done to stop “millionaire’s Done to stop “millionaire’s club” in the Senate.club” in the Senate.

Also allows governors to fill Also allows governors to fill make temporary appointments make temporary appointments if vacancies occur in Senate if vacancies occur in Senate (until special election held).(until special election held).

Amendment XVIII (1919) ProhibitionProhibition: Ban on : Ban on

manufacture, sale, and manufacture, sale, and transportation of alcoholic transportation of alcoholic beverages.beverages.

Result of temperance Result of temperance movement: Sought to movement: Sought to restrict or ban the restrict or ban the consumption of alcoholic consumption of alcoholic beverages.beverages.

Felt this could reform Felt this could reform human behavior.human behavior.

Drinking ages: 18/21. . .Drinking ages: 18/21. . .

Amendment XIX (1920)Amendment XIX (1920) Women’s suffrageWomen’s suffrage.. Women had been Women had been

politically active since politically active since even prior to the Dec. of even prior to the Dec. of Independence.Independence.

1515thth Amendment really Amendment really began push for vote.began push for vote.

States were in charge of States were in charge of qualifications; 1890 qualifications; 1890 Wyoming first to allow Wyoming first to allow women’s vote.women’s vote.

Was at 30 states when Was at 30 states when this amendment passed.this amendment passed.

Amendment XX (1933)Amendment XX (1933) Reduced the time in which members of

Congress who had been voted out of office (lame ducks) could continue to legislate.

Moved inauguration dates for President/Congress up.

President: Jan. 20, noon. (Used to be March 4, could obstruct the work of govt. for 4 mos.).

Legislature: Jan. 3, noon. Why 17 day difference between the

two? House/Senate may need to choose pres/VP (Amendment XII).

Session starts Jan. 3 (used to be Dec!). Could be a 13 month delay between election (Nov.) and first meeting.

Amendment XX (1933)

Presidential line of Presidential line of succession: (1) VP, (2) succession: (1) VP, (2) Speaker, (3) president Speaker, (3) president pro tempore (Leahy), (4) pro tempore (Leahy), (4) secretary of state secretary of state (Kerry), (5) remaining (Kerry), (5) remaining cabinet members cabinet members according to date according to date departments created.departments created.

Amendment XXI (1933)Amendment XXI (1933) Prohibition, in the 13 years Prohibition, in the 13 years since the 18since the 18thth Amendment, led to Amendment, led to widespread corruption and widespread corruption and lawbreaking (see Al Capone, lawbreaking (see Al Capone, right).right). This amendment This amendment repeals repeals prohibitionprohibition (alcohol is now legal (alcohol is now legal again). First amendment to again). First amendment to overturn a previous amendment.overturn a previous amendment. Section two: States have right Section two: States have right to regulate alcoholic beverages.to regulate alcoholic beverages.

Amendment XXII (1951)Amendment XXII (1951) Limits presidential terms to Limits presidential terms to two.two.

Response to Franklin Delano Response to Franklin Delano Roosevelt’s unprecedented four Roosevelt’s unprecedented four terms.terms.

George Washington actually set George Washington actually set the tradition of two terms.the tradition of two terms.

Max number of years as Max number of years as president? 10. Two years to finish president? 10. Two years to finish an unfinished term (for a VP) and an unfinished term (for a VP) and two terms of their own.two terms of their own.

Amendment XXIII (1961)Amendment XXIII (1961) Washington DC citizens can Washington DC citizens can vote in presidential elections, vote in presidential elections, get three electoral votesget three electoral votes.. Still, don’t get members of Still, don’t get members of House/Senate; they are not House/Senate; they are not technically a “state” at all. Pay technically a “state” at all. Pay taxes, but have no direct taxes, but have no direct representation.representation. Amendment passed in 1978 for Amendment passed in 1978 for this, only ratified by 16 states (not this, only ratified by 16 states (not the needed 38). Have been other the needed 38). Have been other efforts to get more voting rights, efforts to get more voting rights, but have failed. but have failed. FYI 2000 census: Wyoming had FYI 2000 census: Wyoming had less people than DC, but have 2 less people than DC, but have 2 senators and 1 rep (?)senators and 1 rep (?)

Amendment XXIV (1964)Amendment XXIV (1964) Prohibits the use of Prohibits the use of poll poll

taxestaxes in federal elections. in federal elections.

Often used in a discriminatory Often used in a discriminatory manner to prevent access to manner to prevent access to vote, especially for poor vote, especially for poor whites and minorities.whites and minorities.

States traditionally controlled States traditionally controlled elections; best way to get rid elections; best way to get rid of these.of these.

Amendment XXV (1967)Amendment XXV (1967) Cleared up questions about Cleared up questions about presidential successionpresidential succession after after assassination of JFK.assassination of JFK. If president dies, VP becomes If president dies, VP becomes new president. New VP is new president. New VP is appointed by new president and appointed by new president and approved by House and Senate.approved by House and Senate. President also may turn over the President also may turn over the reins temporarily to VP if reins temporarily to VP if incapacitated.incapacitated. If president is incapacitated, VP If president is incapacitated, VP and majority of cabinet officers and majority of cabinet officers can declare he is disabled, VP can declare he is disabled, VP temporarily can take over. temporarily can take over.

Amendment XXVI (1971)Amendment XXVI (1971)• With Vietnam War, push With Vietnam War, push

for voting age to be for voting age to be lowered to 18. lowered to 18.

• This amendment did just This amendment did just that. that. Voting age in Voting age in federal elections now federal elections now 1818. Old enough to die in . Old enough to die in war, old enough to vote.war, old enough to vote.

• Fastest amendment ever Fastest amendment ever passed: Proposed in passed: Proposed in March 1971, ratified by March 1971, ratified by July.July.

Amendment XXVII (1992)Amendment XXVII (1992)• Madison had proposed an Madison had proposed an

amendment that prevented amendment that prevented members of Congress from members of Congress from getting a pay raise before getting a pay raise before voters had a chance to kick voters had a chance to kick them out of office.them out of office.

• Part of the original BOR, but Part of the original BOR, but was not ratified.was not ratified.

• Paper by Gregory Watson (So. Paper by Gregory Watson (So. UT, got a C). No time limit on UT, got a C). No time limit on ratification. Began push for ratification. Began push for this.this.

• Ratified by ¾ of states in 1992.Ratified by ¾ of states in 1992.