happen often; only 17
Not serious push
Amendment XI (1795)Amendment XI (1795)
Protects the states against lawsuits inProtects the states against lawsuits in
federal courts by citizens of other statesfederal courts by citizens of other states
or a foreign nation.or a foreign nation.
Result of USSC case (Result of USSC case (Chisholm v.Chisholm v.
GeorgiaGeorgia (1793)), the USSC upheld a(1793)), the USSC upheld a
default judgment against Georgia fordefault judgment against Georgia for
failing to pay a Revolutionary War debtfailing to pay a Revolutionary War debt
to a merchant from SC for clothingto a merchant from SC for clothing
States thought they were immune fromStates thought they were immune from
Amendment here reaffirms stateAmendment here reaffirms state
sovereignty. Can sue if a state violatessovereignty. Can sue if a state violates
the Constitution (or if they receivethe Constitution (or if they receive
federal $), however.federal $), however.
Specifically overturned a USSC opinion.Specifically overturned a USSC opinion.
Slapped them down but good.Slapped them down but good.
Amendment XII (1804)Amendment XII (1804)
Changed the way president/VPChanged the way president/VP
Originally, winner was president,Originally, winner was president,
second place was VP.second place was VP.
Now, separate balloting for presidentNow, separate balloting for president
and VP.and VP.
Adams finished 1Adams finished 1stst
in 1800, Jeffersonin 1800, Jefferson
. Different parties.. Different parties.
If no candidate gets majority ofIf no candidate gets majority of
electoral votes, House of Repselectoral votes, House of Reps
chooses. VP? Senate.chooses. VP? Senate.
Two presidents chosen this way:Two presidents chosen this way:
Jefferson (1803) and JQ AdamsJefferson (1803) and JQ Adams
Amendment XIII (1865)Amendment XIII (1865)
Abolished slavery after CivilAbolished slavery after Civil
Lincoln: Spoke out against theLincoln: Spoke out against the
morality of slavery many times.morality of slavery many times.
Politically though (at first) wantedPolitically though (at first) wanted
containment; no further expansion ofcontainment; no further expansion of
slavery. Hoped to starve it off.slavery. Hoped to starve it off.
Corwin Amendment (1861):Corwin Amendment (1861):
Proposed in Congress when LincolnProposed in Congress when Lincoln
sworn in (3/1861).sworn in (3/1861).
Would have added an unamendableWould have added an unamendable
provision to the Const. forbiddingprovision to the Const. forbidding
Congress to outlaw slavery where itCongress to outlaw slavery where it
existed (attempt to stop secession).existed (attempt to stop secession).
Lincoln actually supported this atLincoln actually supported this at
first…wanted to preserve union at allfirst…wanted to preserve union at all
• Civil War starts, April 1861.
• Emancipation Proclamation
issued 1/1863: War measure:
Proclaimed freedom for slaves
in the states in rebellion.
• As union armies took more
territory, more slaves freed.
“Announced a revolutionary
new war aim – the overthrow
of slavery by force of arms if
and when Union armies
conquered the South”
(historian James McPherson).
• Once war over, 13th
Amendment made this more
than a “war measure.”
Amendment XIII (1865)Amendment XIII (1865)
Amendment XIV (1865)Amendment XIV (1865)
Passed to deal withPassed to deal with legallegal
status of former slavesstatus of former slaves..
Granted nationalGranted national and stateand state
citizenship to slaves. Borncitizenship to slaves. Born
in USA? Citizen. Somein USA? Citizen. Some
upset. . .illegal immigrantupset. . .illegal immigrant
Privileges orPrivileges or
Immunities ClauseImmunities Clause: Like: Like
Article IV. ProtectsArticle IV. Protects
“privileges and“privileges and
immunities” of citizensimmunities” of citizens
from statesfrom states. Not totally. Not totally
clear what this meant.clear what this meant.
Amendment XIV (1865) IIAmendment XIV (1865) II
Due process clauseDue process clause: Protects: Protects
DP rights fromDP rights from statestate violations.violations.
Has been used to apply Bill ofHas been used to apply Bill of
Rights to the statesRights to the states
““nor shall any State deprive anynor shall any State deprive any
person of life,person of life, libertyliberty, or, or
property, without due process ofproperty, without due process of
law; nor deny to any personlaw; nor deny to any person
within its jurisdiction the equalwithin its jurisdiction the equal
protection of the laws.”protection of the laws.”
Equal protection clauseEqual protection clause::
Prohibits unreasonableProhibits unreasonable
discrimination bydiscrimination by statesstates..
If law treats people differently,If law treats people differently,
state needs to demonstrate astate needs to demonstrate a
good reason for that difference.good reason for that difference.
First sentence of section two:First sentence of section two:
Overturns 3/5 compromise (allOverturns 3/5 compromise (all
citizens count as 1).citizens count as 1).
Amendment XV (1870)
Gave voting rights to African
14A had not given them right to
vote; this clarified this.
Was discussion of adding gender
to this. . .not successful.
Congress can pass laws to enforce
this. Example: the Voting Rights
Act of 1965 prohibited literacy
tests, allowed federal officials to
supervise voter registration, and
outlawed the dilution of minority
voter strength in drawing the
boundaries of electoral districts.
Amendment XVI (1913)Amendment XVI (1913)
Allowed for theAllowed for the income taxincome tax..
Overturned a USSC case.Overturned a USSC case.
Congress may impose taxes onCongress may impose taxes on
income from any source withoutincome from any source without
having to divvy up the totalhaving to divvy up the total
dollar amount of tax collecteddollar amount of tax collected
from each state according tofrom each state according to
each state's population ineach state's population in
relation to the total nationalrelation to the total national
So if Iowa and Maine had same
population, had to pay same
taxes (even if one rich, one
poorer). No more.
Increased federal revenue andIncreased federal revenue and
allowed the national governmentallowed the national government
to play a larger role in Americanto play a larger role in American
Amendment XVII (1913)Amendment XVII (1913)
ChangedChanged the way senatorsthe way senators
were selectedwere selected..
Used to be state legislaturesUsed to be state legislatures
making selections.making selections.
Now,Now, direct electiondirect election by theby the
Done to stop “millionaire’sDone to stop “millionaire’s
club” in the Senate.club” in the Senate.
Also allows governors to fillAlso allows governors to fill
make temporary appointmentsmake temporary appointments
if vacancies occur in Senateif vacancies occur in Senate
(until special election held).(until special election held).
Amendment XVIII (1919)
ProhibitionProhibition: Ban on: Ban on
manufacture, sale, andmanufacture, sale, and
transportation of alcoholictransportation of alcoholic
Result of temperanceResult of temperance
movement: Sought tomovement: Sought to
restrict or ban therestrict or ban the
consumption of alcoholicconsumption of alcoholic
Felt this could reformFelt this could reform
human behavior.human behavior.
Drinking ages: 18/21. . .Drinking ages: 18/21. . .
Amendment XIX (1920)Amendment XIX (1920)
Women’s suffrageWomen’s suffrage..
Women had beenWomen had been
politically active sincepolitically active since
even prior to the Dec. ofeven prior to the Dec. of
Amendment reallyAmendment really
began push for vote.began push for vote.
States were in charge ofStates were in charge of
qualifications; 1890qualifications; 1890
Wyoming first to allowWyoming first to allow
women’s vote.women’s vote.
Was at 30 states whenWas at 30 states when
this amendment passed.this amendment passed.
Amendment XX (1933)Amendment XX (1933)
Reduced the time in which members of
Congress who had been voted out of
office (lame ducks) could continue to
Moved inauguration dates for
President: Jan. 20, noon. (Used to be
March 4, could obstruct the work of
govt. for 4 mos.).
Legislature: Jan. 3, noon.
Why 17 day difference between the
two? House/Senate may need to
choose pres/VP (Amendment XII).
Session starts Jan. 3 (used to be Dec!).
Could be a 13 month delay between
election (Nov.) and first meeting.
Amendment XX (1933)
Presidential line ofPresidential line of
succession: (1) VP, (2)succession: (1) VP, (2)
Speaker, (3) presidentSpeaker, (3) president
pro tempore (Leahy), (4)pro tempore (Leahy), (4)
secretary of statesecretary of state
(Kerry), (5) remaining(Kerry), (5) remaining
cabinet memberscabinet members
according to dateaccording to date
departments created.departments created.
Amendment XXI (1933)Amendment XXI (1933)
Prohibition, in the 13 yearsProhibition, in the 13 years
since the 18since the 18thth
Amendment, led toAmendment, led to
widespread corruption andwidespread corruption and
lawbreaking (see Al Capone,lawbreaking (see Al Capone,
This amendmentThis amendment repealsrepeals
prohibitionprohibition (alcohol is now legal(alcohol is now legal
again). First amendment toagain). First amendment to
overturn a previous amendment.overturn a previous amendment.
Section two: States have rightSection two: States have right
to regulate alcoholic beverages.to regulate alcoholic beverages.
Amendment XXII (1951)Amendment XXII (1951)
Limits presidential terms toLimits presidential terms to
Response to Franklin DelanoResponse to Franklin Delano
Roosevelt’s unprecedented fourRoosevelt’s unprecedented four
George Washington actually setGeorge Washington actually set
the tradition of two terms.the tradition of two terms.
Max number of years asMax number of years as
president? 10. Two years to finishpresident? 10. Two years to finish
an unfinished term (for a VP) andan unfinished term (for a VP) and
two terms of their own.two terms of their own.
Amendment XXIII (1961)Amendment XXIII (1961)
Washington DC citizens canWashington DC citizens can
vote in presidential elections,vote in presidential elections,
get three electoral votesget three electoral votes..
Still, don’t get members ofStill, don’t get members of
House/Senate; they are notHouse/Senate; they are not
technically a “state” at all. Paytechnically a “state” at all. Pay
taxes, but have no directtaxes, but have no direct
Amendment passed in 1978 forAmendment passed in 1978 for
this, only ratified by 16 states (notthis, only ratified by 16 states (not
the needed 38). Have been otherthe needed 38). Have been other
efforts to get more voting rights,efforts to get more voting rights,
but have failed.but have failed.
FYI 2000 census: Wyoming hadFYI 2000 census: Wyoming had
less people than DC, but have 2less people than DC, but have 2
senators and 1 rep (?)senators and 1 rep (?)
Amendment XXIV (1964)Amendment XXIV (1964)
Prohibits the use ofProhibits the use of pollpoll
taxestaxes in federal elections.in federal elections.
Often used in a discriminatoryOften used in a discriminatory
manner to prevent access tomanner to prevent access to
vote, especially for poorvote, especially for poor
whites and minorities.whites and minorities.
States traditionally controlledStates traditionally controlled
elections; best way to get ridelections; best way to get rid
of these.of these.
Amendment XXV (1967)Amendment XXV (1967)
Cleared up questions aboutCleared up questions about
presidential successionpresidential succession afterafter
assassination of JFK.assassination of JFK.
If president dies, VP becomesIf president dies, VP becomes
new president. New VP isnew president. New VP is
appointed by new president andappointed by new president and
approved by House and Senate.approved by House and Senate.
President also may turn over thePresident also may turn over the
reins temporarily to VP ifreins temporarily to VP if
If president is incapacitated, VPIf president is incapacitated, VP
and majority of cabinet officersand majority of cabinet officers
can declare he is disabled, VPcan declare he is disabled, VP
temporarily can take over.temporarily can take over.
Amendment XXVI (1971)Amendment XXVI (1971)
• With Vietnam War, pushWith Vietnam War, push
for voting age to befor voting age to be
lowered to 18.lowered to 18.
• This amendment did justThis amendment did just
that.that. Voting age inVoting age in
federal elections nowfederal elections now
1818. Old enough to die in. Old enough to die in
war, old enough to vote.war, old enough to vote.
• Fastest amendment everFastest amendment ever
passed: Proposed inpassed: Proposed in
March 1971, ratified byMarch 1971, ratified by
Amendment XXVII (1992)Amendment XXVII (1992)
• Madison had proposed anMadison had proposed an
amendment that preventedamendment that prevented
members of Congress frommembers of Congress from
getting a pay raise beforegetting a pay raise before
voters had a chance to kickvoters had a chance to kick
them out of office.them out of office.
• Part of the original BOR, butPart of the original BOR, but
was not ratified.was not ratified.
• Paper by Gregory Watson (So.Paper by Gregory Watson (So.
UT, got a C). No time limit onUT, got a C). No time limit on
ratification. Began push forratification. Began push for
• Ratified by ¾ of states inRatified by ¾ of states in