The Constitution of the United States
As Seen By an Average American.
Part 5
The following are Amendments that have been written and passed since the Bill of Rights were ratified. There were others that have been proposed but not passed. Unfortunately even though some of these Amendments were passed with the best of intentions they have been misinterpreted by the courts and special interest groups through the ages just like the Bill of Rights in order to further their own agendas.
AMENDMENT XI
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 Amendment was intended to further define the Constitution to prevent the overextension of the Federal Government, to prevent the intrusion of the Government on the People. This was further evidence that in the beginning of this great Nation the belief was still that the States were sovereign entities.
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Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.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 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.
This Amendment made very small changes to Article II Section 1 of the Constitution, changes such as when a majority of votes is not obtained there shall be the top 3 versus top 5 names sent on to the House of Representatives to determine who shall be President and Vice President. Much to the surprise of most citizens of the United States this still does not give the election of the President or the Vice President to the public, it also does not give the selection of a running mate for Vice President to the Presidential candidate, the Vice President is to be elected by the Chosen electorates of each State just like the President is to be.
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.
This Amendment officially ended slavery in the United States. This also ended indentured servitude which was more prevalent in the Northern States then in the Southern States.
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.
This section was intended to ensure that the now free slaves from the Southern States would be citizens of the United States. Since some of them were born here but never considered to be citizens or even people for that matter, there had to be something that protected them from being deported to a country that they had never even seen. There are key words in this section that seem to have been over looked in order to try and use this Amendment to the advantage of every illegal immigrant that has been born in this country, regardless of which border they came across and regardless of what country they came from, those words are “subject to the jurisdiction thereof”. Citizens of foreign countries are still subject to the jurisdiction of the country they came from unless they have had their citizenship revoked; likewise their children are also subject to the jurisdiction of the country that their parents are from. This section was never intended to be used as a means of immigration reform, it was intended to provide citizenship to a group of people that were forcibly removed from their home countries and their offspring. Placing a sunset on this Amendment would have been the correct thing to do to keep it from being misused.
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.
This was just to define how the number or Representatives for each State would be determined.
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.
The intent of this section was to ensure that any elected or appointed member of the Federal Government would be dedicated to the survival and success of the United States. Maybe our Congress and our Executive Branch need to read this Amendment, I believe there might be a few people that would lose jobs if this were to be enforced.
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.
This section was just a way to prevent the Federal Government from being responsible for the debts incurred by the Southern States during the War of Northern Aggression.
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.
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.
Simply put this Amendment was to have ended any type of discrimination by law.
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.
This was the first step in getting away from the free enterprise system in the United States. The Progressive movement wanted to take from the rich and give to those that would not work. The Constitution clearly stated that taxes when needed would be equally apportioned between the States, this Amendment ended that, taxes could now be apportioned in any manner Congress saw fit.
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.
Prior to the ratification of this Amendment the States had representatives that were loyal to the State and could also be recalled by the legislation of their respective States if they were not looking out for the interest of the State. When this Amendment was ratified the States were giving up their sovereignty, they were contributing to the growth of the Federal Government.
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.
Nothing much to say about this one, it was tried, failed and repealed by the 21st Amendment. What this does show is that history should be kept to let us know what does work and what does not work. Once an Amendment is ratified it is a permanent piece of our Nations history, even if it is later repealed.
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.
This Amendment simply gives the right of the vote to women of the United States.
AMENDMENT XX
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 3d 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 simply defined the dates for the terms of the Presidency and Congress. It would be nice if section 2 was still observed, if Congress only met twice a year, it wouldn’t give them as much time to pass laws that just don’t make any sense what so ever.
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.
When the Federal Government decided they were fighting a losing battle against bootleggers they repealed the 18th Amendment.
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.
Following the 4th term of President Franklin D. Roosevelt Congress proposed and ratified the 22nd Amendment to ensure there would never be a man entrenched in the office and in the power of the office as FDR was.
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.
This Amendment was to provide Congressional support for the citizens of the District of Columbia. Prior to this there was no representation for those residing within the limits of DC.
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 poll tax or other tax.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
To prevent taxing the right to vote which would have prevented many people from voting this Amendment was proposed and ratified, once again an attempt to prevent the Federal Government from exceeding it’s lawful power.
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 simply put into place a means to ensure there would be a successor to the Presidency if something should happen to the President. It also allows for the removal of the President if he/she is deemed to be unable to perform the duties of the office.
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.
This Amendment just set the voting age at 18 years of age, this was considered to be the age of adulthood, it was also a means to increase the voting block.
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.
Simply put this Amendment ensured that the pay for Congress could not be reduced. This was initially to be one of the Amendments in the Bill of Rights, at that time the States did not feel it was necessary, once Congress became a profitable career the Amendment was once again pushed and ratified.
There are many of these Amendments that should go the way of the 18th Amendment, or at the very least there should be clarifying Amendments proposed and ratified. Before that can happen either our States or Congress needs to call for an Article 5 Constitutional Convention. There seems to be a fear that if this were done there would be changes that would mark the end of the United States as it was originally intended to be. That may be true, but at least it would be done legally within the confines of the Constitution instead of by slight of hand, fancy talk and back room deals as is happening now. At least with an Article 5 Convention there has to be at least 95% of the States in agreement to ratify any proposed Amendments.
The Founding Fathers and the Constitution are not perfect, if the Founders had thought so they never would have included Article 5 in the Constitution. They knew they could not foresee the changes that would occur, how could anyone foresee what would happen. Look at the advances that have happened in this country in a short 234 years. We have become the most powerful Nation in the world militarily, politically and at one time economically. Over the decades the changes that were made to the Constitution through the Amendment process show the advances the country has made, it also shows the changes that have been made in how people think and speak. The speech alone is one of the problems with how people interpret the meanings of the Constitution and the Amendments that followed. Although I have just read the words as they are and written up my interpretation there are means to understand exactly what was meant by the Founders and by each Congress that has passed Amendments. There are notes for the Constitutional Convention and for the ratification of the Constitution. There are also notes for the ratification of each and every Amendment. There is no reason for the Supreme Court or any Politician to not understand what each and every Article and Amendment means. More importantly if every American were to just read the Constitution and if the Constitution was taught in school that would be a start on fixing the problems we are now facing.
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