Origin & Development of The US Constitution Module 1.6: Amendments to the Constitution

Amendments 1-10 The “Bill of Rights” –Hamilton’s Objection (Federalist #84) Unnecessary Dangerous Originally a part of a slate of 12 –1 st proposed amendment voted down –2 nd proposed amendment not ratified until 1992 Amendments 1-3 –Limits against Congress Amendments 2-5 –Limits against the Executive Amendments 5-8 –Limits against Judiciary Amendments 9-10 –Limits against Federal Government generally –Reserves residual powers to states or to the people –Answers Hamilton’s Objection to Bills of Rights

Amendments Amendment 11 –Limits Federal Judicial Power Federal Courts have no power over certain cases –Non-citizens of a State v. a State Amendment 12 –Modifies Electoral College ballot system Tacit recognition of interstate political parties

The “Reconstruction” Amendments Amendment 13 –Abolishes slavery and involuntary servitude –Except as punishment for crimes for which one shall have been duly convicted Amendment 14 –Defines US citizenship –Limits states from deprivation Due Process of law Equal protection of law Privileges & immunities of citizenship –Disqualification of rebellious persons from federal office Amendment 15 –Limits the United States and states from deprivation “On account of race, color, or previous condition of servitude” –Specifically of the right to vote Recognizes voting as a right rather than a privilege

The “Progressive” Amendments Amendment 16 –Income tax without apportionment Amendment 17 –Direct election of Senators –Changes relationship of states to federal gov’t Amendment 18 –Prohibits manufacture, sale & transportation of alcoholic beverages –Provides concurrent enforcement power to Federal gov’t and states Amendment 19 –Limits the United States and states from deprivation –On account of sex Specifically of the right to vote –Repeats language of Amendment 15, applies to women

Amendment 20 Establishes Inauguration date of the President and Vice-President –Changes from March 4 to January 20 Mandates Congressional meetings –Must meet at least once a year –Must meet on January 3, at least Refines rule of succession to the Presidency –If president-elect dies before taking office, VP-elect becomes president –Tacit recognition of partisan ‘tickets’

Devolution: Amendment 21 Repeals Amendment 18 –Prohibits transportation of alcohol into states and territories if in violation of state or territorial law –Reserves power to prohibit alcoholic beverages to states

The “Truman” Amendment Amendment 22 –Limits any one President to two elected terms –Limits Presidents who succeed as a result of death or resignation to one elected term if Succession occurred before the end of the second year of the previous president’s term –Total time a person may hold the office of President: 9 years, 364 days

Amendment 23 Establishes Presidential electors for the District of Columbia –‘treatment as state’ –Reinforces idea of president as “super- representative” of the Union of People

Amendment 24 Limits the United States and states from deprivation –On account of failure to pay a poll tax or other tax Specifically of the right to vote Recognizes existence of primary elections

The “Johnson” Amendment: Amendment 25 Clarifies Presidential succession –In case of removal by death or resignation Provides for replacing vice- president –In case of removal by death or resignation Provides for ‘acting president’ –In case of temporary disability –Requires Speaker of the House and President pro tempore action –Provides for resumption of duties

Amendment 26 Limits the United States and states from deprivation –On account of age if at least 18 years of age Specifically of the right to vote

Amendment 27 Limits against Congress –Varying compensation (changes in pay) –Until an election for the House of Representatives shall have taken place –Proposed by James Madison in 1790 –Remained unratified until 1992 –Did not contain a sunset provision Amendments 18, 20, 21, 22 contain sunset provisions