Wednesday, April 30, 2014

27th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Originally proposed Sept. 25, 1789. Ratified 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.


The 27th Amendment states that no Law that would pay Senators and Representatives more or less in income will be allowed to happened until after another election. This amendment took almost 200 years after its proposal to be ratified due to the Supreme court case of Coleman v. Miller where the court ruled that If an amendment had an unspecified date then the state legislatures could approve the amendment at any time. 


Congress gets to change their pay as long as its after the next election. 



26th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress March 23, 1971. Ratified July 1, 1971.
Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.
Section 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.


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


Any citizen at the age of 18 cannot be denied their right to vote. This amendment came about from President Nixon around the time of the Vietnam War where 18 year olds could be forced to serve in the military but had no rights to vote. The government could not tell the states how to hold their elections so in some states 18 year olds could vote, in others they couldn't. This amendment only applies for federal elections. 





 Being too young to vote but not too young to go to war....The government fixed it with the 26th Amendment.


25th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of the Constitution was affected by the 25th amendment.
Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 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.

Section 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.

Section 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.


This amendment establishes the process where the Vice President takes over for the President in his death, resignation, or removal from office which would then make the Vice Presidents position open. If the Vice Presidency is open the President can choose new Vice President but he must be voted in and approved by Congress first. The President may have the Vice President step in as Acting President with a written declaration which lasts until another declaration is made that ends the Vice Presidents time as acting President. Lastly, this amendment provides the Vice President and members of the Cabinet to declare the President unfit which would eventually lead to Congress having to reach a 2/3 majority vote that the president is indeed unfit for office. 


"After the kidnapping of Zoe Bartlet (his daughter), President Bartlet finds it difficult to govern effectively and hence enforces the 25th amendment. As there is no vice president the speaker of the house is next in line. TV Show The West Wing Season 4 Episode 23.



The presidential succession list But congress still has to approve who takes over should the president be unable to fulfill his duties. 

24th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress August 27, 1962. Ratified January 23, 1964.
Section 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.


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


The 24th Amendment states that a citizens right to vote could not be denied from failure to pay any poll or other tax. This was an important Amendment because after African Americans were given the right to vote the south many created their own laws making it nearly impossible for African Americans to vote.



How is it that poll tax and using the african American Civil rights leaders beneficial? Are we being misguided/mislead?


23rd Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress June 16, 1960. Ratified March 29, 1961.
Section 1.
The District constituting the seat of Government of the United States shall appoint in such manner as 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.

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


Initially Washington D.C. Had no electoral votes because they DC is not a state therefore the residents were not allowed to vote for President or Congress. They were then afforded only 3 electoral votes regardless of their population. U.S. Territories Puerto Rico and the Virgin Islands have votes to allow them to be a part of the election as well. 

Does our voice really matter, the electoral college decides who goes to office?

How DC got their electoral votes for the Presidential election. 

22nd Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress March 21, 1947. Ratified February 27, 1951.
Section 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 President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by 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.

Section 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.


This amendment places limits on how many terms a president can serve. No one can be president more than twice with F.D.R. Being the exception having served from 1932 until his death in 1945 when Harry Truman took over. Reasons for his extended stint in office were due to the countries crisis's World War II and the Great Depression. His death along with the push from the republican party brought about the 22nd amendment. No president can serve more than 10 years. If ushered into office due to death, impeachment, resignation of president standing president can move into presidency but cannot be reelected for another 4 year term should it exceed the maximum of 10 years.

This cartoon displays a thought that Bill Clinton was the force behind getting Obama into office and being elected for a second term. As payment for that Bill asks for Obama to repeal the 22nd Amendment which would allow previous presidents to possibly be elected for more than 10 years. Tyranny? 

21st Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress February 20, 1933. Ratified December 5, 1933.
Section 1.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 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.


Section 3.
This 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.


The 21st Amendment repealed the 18th amendment leaving the states in control of whether or not they would prohibit liquors becoming a dry state, city, county, etc. Deciding when buying/consuming alcohol would be legal in their jurisdiction. This amendment had to be ratified in 7 years to become valid. Franklin Roosevelt campaigned for the repeal during the depression to get more tax money from the sale of alcohol.

"The Good Old Days are back again"


20th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.
Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd 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.

Section 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.

Section 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 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.

Section 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.

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

Section 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.


This amendment provides staggering dates for the start of Congress and the President. Congress terms end on January 3rd and begin at noon on January 3rd as well unless they create a law stating otherwise. After the end of an election year the president and vice president end their term on January 20th. Should the President elect die before officially making it to office the Vice president is next in line to become the President. Should the President elect is not able to fulfill his duties the vice President fills in for him. If Congress sees neither the president or vice president suitable they pick someone as acting president until the president/vice president qualify. Lastly, in very rare cases the Congress is able to choose the next president should the Electoral College Fail to vote a President into office. 


The Lame Duck Amendment. "In politics, the term “lame duck”
refers to an elected official whose term
of office has not yet expired but who has
failed to get re-elected and therefore
cannot garner much political support for
initiatives.
This 1915 cartoon shows "lame duck"
members of Congress departing Capitol
Hill after losing their bid for reelection.
The lame ducks shown are defeated
Democrats heading to the White House
hoping to secure political appointments
from then-President Woodrow Wilson.
The Lame Duck Amendment, 20th to
the U.S. Constitution, calls for Congress
and each new President to take office in
January instead of March (as before),
thereby eliminating the lame-duck session
of Congress. But for the period between
the November election and the January
inauguration and new Congress, the lame
ducks keep quacking"
Found on: http://nieonline.com/cftc/pdfs/lameduck.pdf

19th Amendment

Copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress June 4, 1919. Ratified 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.

The 19th amendment provided women the right to vote making it illegal to deny any citizen the right to vote. The movement that prompted this amendment was known as the Suffrage movement lead by women like Susan B. Anthony and Elizabeth Cady Stanton.

111550 600 Gay Marriage cartoons
Amazing how often people feel this way about most things, women voting, having equal pay with men, gay rights. But, evolving presidents make the difference by supplying people their natural rights to even the playing field. 

A Portion of the  Women's Suffrage Movement. The Night of terror 3 years before the 19th amendment was passed. 

18th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.
Section 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.

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


Section 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.


The sales, production, and/or importation/exportation of alcohol into the country became illegal with the 18th Amendment and would only go into effect 1 year after enough states ratified it. Should the amendment failed to be ratified within 7 years it would have become invalid. Congress had the power to create any laws to support the prohibition of alcohol.

 Congress....Hypocritical much? The Man in the Green Hat, George Cassiday, Congress' bootleg supplier

sA poster that makes a rational case, based on family finances, for Prohibition (c. 19171918). (LIBRARY OF CONGRESS, PRINTS AND PHOTOGRAPHS DIVISION)
The Volstead Act helped defined what an alcoholic beverage was, anything above 0.5 percent. This add tried to persuade drinkers with showing what they could buy for the money they would have spent on alcohol. 



17th Amendment

Copied from http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3, of the Constitution was modified by the 17th amendment.
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.


The 17th amendment list the guide for the Senate. Each state will have 2 senators elected by the people (not the state legislature as it was done before this amendment), they shall remain in office for 6 years each receiving one vote. If a vacancy should occur in the Senate (senator leaves office or dies) The governor of the state gets to appoint a temporary senator until the next election provided that the state allows the governor to make such appointments.


Do you feel represented? Should the 17th Amendment be repealed?


How many feel many senators get into the senate. 

16th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of the Constitution was modified by amendment 16.

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

The 16th amendment allows all income to be taxed and not necessary to share it between the states. The census can't be used as a guide for congress for distributing taxes on the people.

The usual response by the everyday citizen when it comes to taxes. While the rich,
Get many many many tax breaks.  

15th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress February 26, 1869. Ratified 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 the power to enforce this article by appropriate legislation.


The 15th Amendment provides all United States citizens the right to vote which can't be denied based on their race, color, or from being previously enslaved. Problems with this amendment is that states are able to flex their powers and create laws which could prevent a citizen from voting based on other factors like an intelligence test, poll tax or requiring them to have a valid state I.d. Which we will explore later in the 24th amendment. 


This Is one of the measures taken to stop black people from voting. 


This video Features Ann Coulter and her racist views on how voting should take place. 

14th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
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 the power to enforce, by appropriate legislation, the provisions of this article.


*Changed by section 1 of the 26th amendment.

The 14th Amendment provides us with 3 very important clauses: 
~The Citizenship Clause, due process clause and the equal protection clause. The Citizenship clause states that all persons born or naturalized in the US are citizens of the United States regardless of their parents citizenship status. Which meant that African Americans, in particular, the now freed slaves are considered citizens of the United States. Once you have/gain citizenship it cannot be taken away from you unless you get caught lying during the citizenship process of you give up your citizenship freely. 
~The due process clause of the 14th Amendment prevents your first amendment rights of “Life, liberty, and property” from be taken away from you WITHOUT the due process of the law i.e., trial by jury, so on and so forth. 
~The Equal protection clause states that can be no discrimination by law, everyone receives the same protection under and by the law. 

America is currently considering repealing the birthright citizenship. 

81562 600 Immigration Anchorites cartoons




This Picture displays the true anchor babies. The definition of Anchor Babies is used to refer to a child born to a noncitizen mother in a country which has birthright citizenship, especially when viewed as providing an advantage to family members seeking to secure citizenship or legal residency.


13th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.
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.



President Abraham Lincoln pushed for this 13th amendment to support his Emancipation Proclamation which free all slaves from the south. The 13th amendment made all slavery and involuntary servitude illegal in the United States unless someone was convicted of a crime. Essentially, those convicted are “slaves” of the land and are forced to work against their free will to serve as punishment for their crime. Citizens cannot force or be forced to work off a debt even if you are being paid to work. 
Current Day thoughts with Modern Day Actions? With the Donald Sterling Fiasco is this how  most feel?



MIssissippi Finally Ratifies the 13th Amendment in 2013. After the clerical error from them trying to ratify it the first time in 1995. 

12th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.
The electoral college vote held in a 3rd Grade Classroom. Kids always say the "darnedest" things and reveal simple truths adults ultimately miss. 

THe states that "Matter". The states that are frequented  on the election run that Matter in the electoral college. 

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 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.

*Superseded by section 3 of the 20th amendment.

The 12th Amendment outlines the guidelines for the Electoral College selecting a president. Before this amendment each candidate would run for presidency by themselves whoever won the majority of votes became the president and whoever came second would win Vice Presidency. The problem with this is that the president and vice President could and have been from different parties. So to avoid that problem each elector now has to place 2 separate ballots one for for president and one for vice president vs. picking two people for president to ensure the president and his vice president are in office together should the president be unable to serve his term. Article II section 1 ties into the 12th amendment by listing the presidential eligibility guidelines: must be 35 years old or older, a naturalized citizen, and lived in the United States for a certain amount of time. It was also strongly suggested but not required that each candidate for president and vice president be from different states. 

11th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress March 4, 1794. Ratified February 7, 1795.
Note: Article III, section 2, of the Constitution was modified by amendment 11.
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

This clip discuss how several Latin American countries and Mexico tried to sue the state of Arizona because of how they were treating the immigrants.
 

States are allowed to sue each other under special circumstances which are heard by Congress. Other than that no citizen can have a suit against a state.



The 11th Amendment came into play after the Supreme Court case Chisholm v. Georgia. The 11th Amendment states that the states and the federal government have sovereign immunity, they can do no legal wrong, and cannot be sued unless they waive their immunity.