Beyond the Bill of Rights

Beyond the Bill of RightsAmendments 11-27Amendment Process

Amendments 11-27What came after the Bill of Rights?Eleventh Amendment1795States cannot be sued by citizens of another state or nation in federal courtReason for Amendment:1793: Two citizens in South Carolina sued Georgia in the Supreme Court over property confiscated during the Revolutionary WarGeorgias legislature said a sovereign state cannot be sued in federal court and ordered to defend itselfSupreme Court sided with South Carolina because Georgia refused to appear in courtThe next day Congress introduced the 11th Amendment to limit jurisdiction of federal courtsTwelfth Amendment 1804Provides for the Electoral College to use separate ballots in voting for the President and Vice President Reason for Amendment:Corrected a problem in the original system of electing a president and vice presidentCivil War Amendments1865: Thirteenth AmendmentOutlaws slavery1864: Fourteenth Amendment Originally intended to protect the rights of freed slaves and their descendantsToday it protects rights of citizenship in general States cannot deprive anyone of life, liberty, or property without due processAll citizens have the right to equal protection of law in all states1870: Fifteenth AmendmentGovernment cannot deny a person the right to vote on the basis of raceSixteenth Amendment1913Congress can levy individual income taxesReason for Amendment:Federal government had previously collected income tax1895: Supreme Court ruled income tax unconstitutional1895 decision meant income tax laws could not be passed until a constitutional amendment was passedSeventeenth Amendment1913People, not state legislatures, elect United States senatorsReason for Amendment:Previously introduced by Congress1912 Election: senators were charged with buying votes from their state legislatures so the amendment had enough support to passEighteenth Amendment1919Prohibition made it illegal to manufacture, sell, or transport alcoholic beveragesReason for Amendment:Abolish the use of liquor that began in the 1830sPurify the American people and American societyNineteenth Amendment1920Guarantees women the right to voteReason for Amendment:Women had won the right to vote in many state electionsGuaranteed the right to vote in all state and federal electionsConstitutional rightTwentieth Amendment1933Set a new date for Congress to being its term and for the inauguration of the president and vice presidentReason for Amendment:Original Constitution had a retired or defeated official remaining in office from November to MarchVery long lame duck periodNew dates:Congress: 3rd of JanuaryPresident and vice president: 20th of JanuaryTwenty-first Amendment1933Repealed the 18th Amendment (no more prohibition)Reason for Amendment:18th Amendment was VERY unsuccessful and unpopularBanned the transport of alcohol into any state where its possession violated state lawTwenty-Second Amendment1951Two term limit for presidentsReason for Amendment:Reaction to FDRs four-term presidencyTwenty-Third Amendment1961Citizens living in Washington, D.C. are allowed to vote for the president and vice presidentReason for Amendment:Previously the citizens of the capitol were unable to vote in this electionWashington, D.C. now has three electors in the Electoral College (the same number it would have if it were a state)Twenty-Fourth Amendment1964Prohibits poll taxes in federal electionsReason for Amendment:Some states used poll taxes (fees paid to vote) to keep low-income African Americans from votingTwenty-Fifth Amendment1967Succession to the office of president in the event of death or incapacityFilling vacancies in the office of the vice presidentIf a president is ill:President or vice president with the support of the majority of the Cabinet can write to the President Pro Tem of the Senate and Speaker of the House expressing the presidents inability to continue acting as presidentVice President immediately becomes acting presidentIf there is a conflict between the president and vice president then Congress decides who will perform the duties of the office of president Reason for Amendment:Needed a system to ensure the government would continueLine of succession for office of president is very important

Twenty-Sixth amendment1971Lowers voting age for federal and state elections to 18Reason for Amendment:Old enough to be drafted, old enough to vote.Twenty-Seventh Amendment1992Congressional pay raises are not effective until the term following the passage of the pay raisePurpose of Amendment:Originally proposed in 1789 by James MadisonLingered in obscurity for over 200 years until discovered by a university studentAccountability Amending the ConstitutionChanging Government for a Changing WorldAmendment ProcessFounders knew we would need to change the Constitution as the world changedProvided a way for states and Congress to amend the ConstitutionArticle VAmendments may deal with any topicException: No state can lose equal representation in the Senate without the states consentTwo ways to propose and ratify amendmentsProposing Amendments First Method:2/3 vote of each chamber of CongressOnly method that has been used to dateResolutions requesting amendments come in each yearRecent resolutions: income tax limits, limit tenure of Supreme Court justices to 12 years, and giving states complete control over oil deposits within their bordersNone have received a 2/3 voteSecond Method:Congress calls a National Convention at the request of 2/3 of the statesHas never been used in recent history almost happened twice1963: States wanted to overturn Supreme Court decisions affecting elections of state lawmakersBy 1967, 33 state legislatures voted for it one state short; no other state voted for it1975-1991: States wanted a balanced budget amendmentBy 2000, federal revenue exceeded federal expenses and it was droppedVERY controversialConventions do not have to be limited to one amendment could become uncontrollableConvention might propose amendments on any topic legal scholars are concerned

Ratifying AmendmentsTwo methods for Congress to choose from when asking states to ratify an amendmentCongress chooses method and time limitTraditionally the time limit is seven yearsFirst Method: of state legislatures ratify the amendmentSecond Method: States call a ratifying conventionAmendment passed when of conventions approve it