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10 amendments 11 27

  1. 1. Interactive ConstitutionInteractive Constitution Worksheet:Worksheet: AmendmentsAmendments XI-XXVIIXI-XXVII
  2. 2. Amendments XI-XXVII  Amendments don’t happen often; only 17 since 1791.  Discussion lately: amendments regarding flag desecration, marriage issues.  Not serious push since 1992.
  3. 3. 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 supplied.supplied.  States thought they were immune fromStates thought they were immune from suits.suits.  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.
  4. 4. Amendment XII (1804)Amendment XII (1804)  Changed the way president/VPChanged the way president/VP chosen.chosen.  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 22ndnd . 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 (1824).(1824).
  5. 5. Amendment XIII (1865)Amendment XIII (1865)  Abolished slavery after CivilAbolished slavery after Civil War.War.  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 costs.costs.
  6. 6. • 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)
  7. 7. 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 kids?kids?  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.
  8. 8. 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 (incorporation).(incorporation).  ““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).
  9. 9. Amendment XV (1870)  Gave voting rights to African American men.  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.
  10. 10. 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 populationpopulation.  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 life.life.
  11. 11. 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 people.people.  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).
  12. 12. Amendment XVIII (1919)  ProhibitionProhibition: Ban on: Ban on manufacture, sale, andmanufacture, sale, and transportation of alcoholictransportation of alcoholic beverages.beverages.  Result of temperanceResult of temperance movement: Sought tomovement: Sought to restrict or ban therestrict or ban the consumption of alcoholicconsumption of alcoholic beverages.beverages.  Felt this could reformFelt this could reform human behavior.human behavior.  Drinking ages: 18/21. . .Drinking ages: 18/21. . .
  13. 13. 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 Independence.Independence.  1515thth 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.
  14. 14. 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 legislate.  Moved inauguration dates for President/Congress up.  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.
  15. 15. 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.
  16. 16. 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, right).right).  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.
  17. 17. Amendment XXII (1951)Amendment XXII (1951)  Limits presidential terms toLimits presidential terms to two.two.  Response to Franklin DelanoResponse to Franklin Delano Roosevelt’s unprecedented fourRoosevelt’s unprecedented four terms.terms.  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.
  18. 18. 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 representation.representation.  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 (?)
  19. 19. 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.
  20. 20. 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 incapacitated.incapacitated.  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.
  21. 21. 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 July.July.
  22. 22. 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 this.this. • Ratified by ¾ of states inRatified by ¾ of states in 1992.1992.