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– 1st proposed amendment voted down– 2nd 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 11-12

• 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