Beyond the Bill of Rights Amendments 11-27 Amendment Process

What came after the Bill of Rights? Amendments 11-27

Eleventh Amendment 1795 States cannot be sued by citizens of another state or nation in federal court Reason for Amendment: 1793: Two citizens in South Carolina sued Georgia in the Supreme Court over property confiscated during the Revolutionary War Georgia’s legislature said a sovereign state cannot be sued in federal court and ordered to defend itself Supreme Court sided with South Carolina because Georgia refused to appear in court The next day Congress introduced the 11th Amendment to limit jurisdiction of federal courts

Twelfth Amendment 1804 Provides 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 president

Civil War Amendments 1865: Thirteenth Amendment Outlaws slavery 1864: Fourteenth Amendment Originally intended to protect the rights of freed slaves and their descendants Today it protects rights of citizenship in general States cannot deprive anyone of life, liberty, or property without due process All citizens have the right to equal protection of law in all states 1870: Fifteenth Amendment Government cannot deny a person the right to vote on the basis of race

Sixteenth Amendment 1913 Congress can levy individual income taxes Reason for Amendment: Federal government had previously collected income tax 1895: Supreme Court ruled income tax unconstitutional 1895 decision meant income tax laws could not be passed until a constitutional amendment was passed

Seventeenth Amendment 1913 People, not state legislatures, elect United States senators Reason for Amendment: Previously introduced by Congress 1912 Election: senators were charged with buying votes from their state legislatures so the amendment had enough support to pass

Eighteenth Amendment 1919 Prohibition – made it illegal to manufacture, sell, or transport alcoholic beverages Reason for Amendment: Abolish the use of liquor that began in the 1830’s Purify the American people and American society

Nineteenth Amendment 1920 Guarantees women the right to vote Reason for Amendment: Women had won the right to vote in many state elections Guaranteed the right to vote in all state and federal elections Constitutional right

Twentieth Amendment 1933 Set a new date for Congress to being its term and for the inauguration of the president and vice president Reason for Amendment: Original Constitution had a retired or defeated official remaining in office from November to March Very long lame duck period New dates: Congress: 3rd of January President and vice president: 20th of January

Twenty-first Amendment 1933 Repealed the 18th Amendment (no more prohibition) Reason for Amendment: 18th Amendment was VERY unsuccessful and unpopular Banned the transport of alcohol into any state where its possession violated state law

Twenty-Second Amendment 1951 Two term limit for presidents Reason for Amendment: Reaction to FDR’s four-term presidency

Twenty-Third Amendment 1961 Citizens living in Washington, D.C. are allowed to vote for the president and vice president Reason for Amendment: Previously the citizens of the capitol were unable to vote in this election Washington, D.C. now has three electors in the Electoral College (the same number it would have if it were a state)

Twenty-Fourth Amendment 1964 Prohibits poll taxes in federal elections Reason for Amendment: Some states used poll taxes (fees paid to vote) to keep low-income African Americans from voting

Twenty-Fifth Amendment 1967 Succession to the office of president in the event of death or incapacity Filling vacancies in the office of the vice president If 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 president’s inability to continue acting as president Vice President immediately becomes acting president If 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 continue Line of succession for office of president is very important

Twenty-Sixth amendment 1971 Lowers voting age for federal and state elections to 18 Reason for Amendment: “Old enough to be drafted, old enough to vote.”

Twenty-Seventh Amendment 1992 Congressional pay raises are not effective until the term following the passage of the pay raise Purpose of Amendment: Originally proposed in 1789 by James Madison Lingered in obscurity for over 200 years until discovered by a university student Accountability

Amending the Constitution Changing Government for a Changing World Amending the Constitution

Amendment Process Founders knew we would need to change the Constitution as the world changed Provided a way for states and Congress to amend the Constitution Article V Amendments may deal with any topic Exception: No state can lose equal representation in the Senate without the state’s consent Two ways to propose and ratify amendments

Proposing Amendments First Method: Second Method: 2/3 vote of each chamber of Congress Only method that has been used to date Resolutions requesting amendments come in each year Recent resolutions: income tax limits, limit tenure of Supreme Court justices to 12 years, and giving states complete control over oil deposits within their borders None have received a 2/3 vote Second Method: Congress calls a National Convention at the request of 2/3 of the states Has never been used in recent history – almost happened twice 1963: States wanted to overturn Supreme Court decisions affecting elections of state lawmakers By 1967, 33 state legislatures voted for it – one state short; no other state voted for it 1975-1991: States wanted a balanced budget amendment By 2000, federal revenue exceeded federal expenses and it was dropped VERY controversial Conventions do not have to be limited to one amendment – could become uncontrollable Convention might propose amendments on any topic – legal scholars are concerned

Ratifying Amendments Two methods for Congress to choose from when asking states to ratify an amendment Congress chooses method and time limit Traditionally the time limit is seven years First Method: ¾ of state legislatures ratify the amendment Second Method: States call a ratifying convention Amendment passed when ¾ of conventions approve it