[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-9]
[Page 87-118]
[[Page 87]]
articles in addition to, and amendment of, the constitution of the
united states of america, proposed by congress, and ratified by the
several states pursuant to the fifth article of the original
constitution\1\
---------------------------------------------------------------------------
\1\ The first 10 amendments to the Constitution of the
United States were proposed to the legislatures of the several States by
the First Congress on September 25, 1789 (this date and the date
succeeding amendments were proposed is the date of final congressional
action--signature by the presiding officer of the Senate--as is shown in
the Senate Journals). They were ratified by the following States, on the
dates shown, and the notifications by the governors thereof of
ratification were communicated by the President to Congress: New Jersey,
November 20, 1789; Maryland, December 19, 1789; North Carolina, December
22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25,
1790; Delaware, January 28, 1790; New York, February 27, 1790;
Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont,
November 3, 1791; and Virginia, December 15, 1791. Ratification was
completed on December 15, 1791. The amendments were subsequently
ratified by Massachusetts, March 2, 1939; Georgia, March 18, 1939; and
Connecticut, April 19, 1939.
AMENDMENT I.
Congress <> shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a redress of grievances.
AMENDMENT II.
A <> well regulated Militia
being necessary to the security of a free State, the right of the people
to keep and bear arms, shall not be infringed.
[[Page 88]]
AMENDMENT III.
No <> soldier
shall, in time of peace be quartered in any house, without the consent
of the Owner, nor in time of war, but in a manner to be prescribed by
law.
AMENDMENT IV.
The <> right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
AMENDMENT V.
No <> person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy of
life or limb; nor shall be compelled in any Criminal Case to be a
witness against himself; nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use, without just compensation.
[[Page 89]]
AMENDMENT VI.
In <> all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for his
defence.
AMENDMENT VII.
In <> suits at
common law, where the value in Controversy shall exceed twenty dollars,
the right of trial by jury shall be preserved, and no fact tried by a
jury shall be otherwise re-examined in any Court of the United States,
than according to the rules of the common law.
AMENDMENT VIII.
<> Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
[[Page 90]]
AMENDMENT IX.
<> The enumeration in
the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
AMENDMENT X.
The <> powers not
delegated to the United States by the Constitution, nor prohibited by it
to the States, are reserved to the States respectively, or to the
people.
AMENDMENT XI.\2\
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.
---------------------------------------------------------------------------
\2\ The 11th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Third Congress on March 11, 1794; and was declared in a message from the
President to Congress dated the 8th of January, 1798, to have been
ratified by the legislatures of three-fourths of the States. The dates
of ratification were: New York, March 27, 1794; Rhode Island, March 31,
1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794;
Massachusetts, June 26, 1794; Vermont, October 28, 1794; Virginia,
November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7,
1794; Maryland, December 26, 1794; Delaware, January 23, 1795; and North
Carolina, February 7, 1795. Ratification was completed on February 7,
1795. The amendment was subsequently ratified by South Carolina on
December 4, 1797. New Jersey and Pennsylvania did not take action on the
amendment.
---------------------------------------------------------------------------
[[Page 91]]
AMENDMENT XII.\3\
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 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 presence
of the Senate and House of Representatives, open all the certificates
and the votes shall then be counted;-- * * *
---------------------------------------------------------------------------
\3\ The 12th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
Eighth Congress on December 12, 1803, in lieu of the original third
paragraph of the first section of the second article, and was declared
in a proclamation of the Secretary of State, dated the 25th of
September, 1804, to have been ratified by the legislatures of three-
fourths of the States. The dates of ratification were: North Carolina,
December 21, 1803; Maryland, December 24, 1803; Kentucky, December 27,
1803; Ohio, December 30, 1803; Virginia, December 31, 1803;
Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York,
February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March
12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New
Hampshire, June 15, 1804. Ratification was completed on June 15, 1804.
The amendment was subsequently ratified by Tennessee on July 27, 1804.
The amendment was rejected by Delaware, January 18, 1804; Massachusetts,
February 3, 1804; and by Connecticut at its session begun May 10, 1804.
[[Page 92]]
---------------------------------------------------------------------------
The <> electoral count occurs in
a joint session of the two Houses in the Hall of the House (III, 1819)
at 1 p.m. on the sixth day of January succeeding every meeting of
electors (3 U.S.C. 15). The Vice President, as President of the Senate
(or the President pro tempore in the Vice President's absence), presides
over the joint session (3 U.S.C. 15). The date of the count has been
changed by law as follows: (1) the 1957 count was changed to Monday,
January 7 (P.L. 84-436); (2) the 1985 count was changed to Monday,
January 7 (P.L. 98-456); (3) the 1989 count was changed to Wednesday,
January 4 (P.L. 100-646); and (4) the 1997 count was changed to
Thursday, January 9 (P.L. 104-296).
Sections 15-18 of title 3 of the United States Code prescribe in
detail the procedure for the count. Nevertheless, the two Houses
traditionally adopt a concurrent resolution providing for the meeting in
joint session to count the vote, for the appointment of tellers, and for
the declaration of the state of the vote (III, 1961; Deschler's
Precedents, vol. 3, ch. 10, sec. 2.1). Under the law governing the
proceedings, the two Houses divide to consider an objection to the
counting of any electoral vote or ``other question arising in the
matter'' (3 U.S.C. 15-18; Jan. 6, 1969, pp. 145-47; Jan. 6, 2001, p. --
--), but only when in writing and signed by both a Member and a Senator
(Jan. 6, 2001, p. ----). Examples of an ``other question arising in the
matter'' include: (1) an objection for lack of a quorum (Jan. 6, 2001,
p. ----); (2) a motion that either House withdraw from the joint session
(Jan. 6, 2001, p. ----); and (3) an appeal from a ruling by the
presiding officer (Jan. 6, 2001, p. ----). Such questions are not
debatable in the joint session (3 U.S.C. 18; Jan. 6, 2001, p. ----).
When the two Houses have divided, a motion in the House to lay the
objection on the table is not in order (Jan. 6, 1969; pp. 169-72). A
Vice President-elect, as Speaker of the House, has participated in the
ceremonies (VI, 446). See Deschler's Precedents, vol. 3, ch. 10 for
further discussion. When addressing a controvery over the election of
President and Vice President in the state of Florida, the Supreme Court
indicated its view of a section of the statute (3 U.S.C. 5) addressing a
determination of controversy as to the appointment of electors (Bush v
Palm Beach County Canvassing Bd. (531 U.S. ---- (2000)). Ultimately, the
Supreme Court found that the Florida Supreme Court violated the Equal
Protection Clause of the 14th amendment by ordering certain counties to
conduct manual recounts of the votes for President and Vice President
without establishing standards for those recounts (Bush v Gore (531 U.S.
---- (2000)).
* * * 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
[[Page 93]]
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 the 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.
[[Page 94]]
The <> 20th amendment to the Constitution has
clarified some of the provisions of the 12th amendment. In 1801 (III,
1983), the House of Representatives chose a President under article II,
section 1, clause 3 (see Sec. 152a, supra), the constitutional provision
superseded by the 12th amendment.
In <> 1825 the House elected a President under the 12th amendment
(III, 1985); and in 1837 the Senate elected a Vice President (III,
1941).
AMENDMENT XIII.\4\
Section 1. <> Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall
[[Page 95]]
exist within the United States, or any place subject to their
jurisdiction.
---------------------------------------------------------------------------
\4\ The 13th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
38th Congress, on February 1, 1865, and was declared, in a proclamation
of the Secretary of State, dated the 18th of December 1865, to have been
ratified by the legislatures of 27 of the 36 States. The dates of
ratification were: Illinois, February 1, 1865; Rhode Island, February 2,
1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York,
February 3, 1865; Pennsylvania, February 3, 1865; West Virginia,
February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865;
Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia,
February 9, 1865; Ohio, February 16, 1865; Indiana, February 13, 1865;
Nevada, February 16, 1865; Louisiana, February 17, 1865; Minnesota,
February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865;
Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4,
1865; New Hampshire, July 1, 1865; South Carolina, November 13, 1865;
Alabama, December 2, 1865; North Carolina, December 4, 1865; and
Georgia, December 6, 1865. Ratification was completed on December 6,
1865. The amendment was subsequently ratified by Oregon, December 8,
1865; California, December 19, 1865; Florida, December 28, 1865 (Florida
again ratified on June 9, 1868, upon its adoption of a new
constitution); Iowa, January 15, 1866; New Jersey, January 23, 1866
(after having rejected the amendment on March 16, 1865); Texas, February
18, 1870; Delaware, February 12, 1901 (after having rejected the
amendment on February 8, 1865); Kentucky, March 30, 1976 (after hearing
rejected the amendment on February 24, 1865). The amendment was rejected
by Mississippi, December 4, 1865.
---------------------------------------------------------------------------
Section 2. Congress shall have power to enforce this article by
appropriate legislation.
AMENDMENT XIV.\5\
Section 1. All < security and
equal protection of citizens.>> persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of
the United States and of the
[[Page 96]]
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.
---------------------------------------------------------------------------
\5\ The 14th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
39th Congress, on June 15, 1866. On July 20, 1868, the Secretary of
State issued a proclamation that the 14th amendment was a part of the
Constitution if withdrawals of ratification were ineffective. On July
21, 1868, Congress adopted and transmitted to the Department of State a
concurrent resolution declaring that ``the legislatures of the States of
Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio,
Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana,
Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas,
Florida, North Carolina, Alabama, South Carolina, and Louisiana, being
three-fourths and more of the several States of the Union, have ratified
the fourteenth article of amendment to the Constitution of the United
States, duly proposed by two-thirds of each House of the Thirty-ninth
Congress: Therefore Resolved, That said fourteenth article is hereby
declared to be a part of the Constitution of the United States, and it
shall be duly promulgated as such by the Secretary of State.'' The
Secretary of State accordingly issued a proclamation, dated July 28,
1868, declaring that the proposed 14th amendment had been ratified, in
the manner hereafter mentioned, by the legislatures of 28 States. The
dates of ratification were: Connecticut, June 30, 1866; New Hampshire,
July 6, 1866; Tennessee, July 18, 1866; New Jersey, September 11, 1866
(subsequently, on February 20, 1868, the legislature rescinded its
ratification, and on March 24, 1868, readopted its resolution of
rescission over the Governor's veto); Oregon, September 19, 1866; New
York, January 10, 1867; Ohio, January 11, 1867 (subsequently rescinded
its ratification on January 13, 1868); Illinois, January 15, 1867; West
Virginia, January 16, 1867; Michigan, January 16, 1867; Minnesota,
January 16, 1867; Kansas, January 17, 1867; Maine, January 19, 1867;
Nevada, January 22, 1867; Indiana, January 23, 1867; Missouri, January
25, 1867; Pennsylvania, February 6, 1867; Rhode Island, February 7,
1867; Wisconsin, February 13, 1867; Massachusetts, March 20, 1867;
Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6, 1868;
Florida, June 9, 1868; North Carolina, July 4, 1868 (after having
rejected the amendment December 14, 1866); Louisiana, July 9, 1868
(after having rejected the amendment February 6, 1867); South Carolina,
July 9, 1868 (after having rejected the amendment December 20, 1866).
Ratification was completed on July 9, 1868. The amendment was
subsequently ratified by Alabama, July 13, 1868; Georgia, July 21, 1868
(after having rejected it on November 9, 1866); Virginia, October 8,
1869 (after having rejected it on January 9, 1867); Mississippi, January
17, 1870; Texas, February 18, 1870 (after having rejected it on October
27, 1866); Delaware, February 12, 1901 (after having rejected it on
February 8, 1867); Maryland, April 4, 1959 (after having rejected it on
March 23, 1867); California, May 6, 1959; Kentucky, March 30, 1976
(after having rejected it on January 10, 1867).
---------------------------------------------------------------------------
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
[[Page 97]]
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.
There <> has been a readjustment of House representation each 10
years except during the period 1911 to 1929 (VI, 41, footnote). From
March 4, 1913, permanent House membership has remained fixed at 435 (VI,
40, 41; 37 Stat. 13). Upon admission of Alaska and Hawaii to statehood,
total membership was temporarily increased to 437 until the next
reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress has by law
provided for automatic apportionment of the 435 Representatives among
the States according to each census including and after that of 1950 (2
U.S.C. 2a). The Apportionment Act formerly provided that the districts
in a State were to be composed of contiguous and compact territory
containing as nearly as practicable an equal number of inhabitants (I,
303; VI, 44); but subsequent apportionment Acts, those of 1929 (46 Stat.
26) and 1941 (55 Stat. 761), omitted such provisions (see Wood v. Broom,
287 U.S. 1 (1932)). Congress has by law provided that for the 91st and
subsequent Congresses each State entitled to more than one
Representative shall establish a number of districts equal to the number
of such Representatives, and that Representatives shall be elected only
from the single-Member districts so established. (Hawaii and New Mexico
were excepted from the operation of this statute for the elections to
the 91st Congress by Public Law 90-196; see 2 U.S.C. 2c). After any
apportionment, until a State is redistricted in a manner provided by its
own law and in compliance with the congressional mandate, the question
of whether its Representatives shall be elected by districts, at large,
or by a combination of both, is determined by the Apportionment Act of
1941 (2 U.S.C. 2a). See Deschler's Precedents, vol. 2, ch. 8 for
apportionment and districting.
The <> House has always
seated Members elected at large in the States, although the law required
election by districts (I, 310, 519). Questions have arisen from time to
time when a vacancy has occurred soon after a change in districts, with
the resulting question whether the vacancy should be filled by election
in the old or new district (I, 311, 312, 327). The House has declined to
interfere with the act of a State in changing the boundaries of a
district after the apportionment has been made (I, 313).
The Attorney General has stated that all Indians are subject to
taxation. 39 Op. Att'y Gen. 518 (1940).
[[Page 98]]
The Supreme <> Court has ruled that congressional districts must be as
equally populated as practicable. Wesberry v. Sanders, 376 U.S. 1
(1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). The Court has made
clear that variances in population among congressional districts within
a State may be considered de minimis only if they cannot practicably be
avoided. If such variances, no matter how mathematically miniscule,
could have been reduced or eliminated by a good faith effort, then they
may be justified only on the basis of a consistent, rational State
policy. Karcher v. Daggett, 462 U.S. 725 (1983). The Court has also made
evident that it will take judicial review of a claims that apportionment
schemes lack consistent, rational bases. Davis v. Bandemer, 478 U.S. 109
(1986) (holding political gerrymandering complaint justiciable under
equal protection clause).
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.
- Congress <> has by law removed generally the
disabilities arising from the Civil War (30 Stat. L., p. 432). Soon
after the war various questions arose under this section (I, 386, 393,
455, 456). For disloyalty to the United States, for giving aid and
comfort to a public enemy, for publication of expressions hostile to the
Government a Member-elect was denied a seat in the House (VI, 56, 58).
As to the meaning of the words ``aid or comfort'' as used in the 14th
amendment (VI, 57).
[[Page 99]]
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 power to enforce, by appropriate legislation, the
provisions of this article.
Congress may legislate under this section to protect voting rights by
pre-empting state qualifications for electors which are discriminatory
(Katzenbach v. Morgan, 384 U.S. 641 (1966)), and may lower the voting
age in Federal (but not State) elections (Oregon v. Mitchell, 400 U.S.
112 (1970)).
AMENDMENT XV.\6\
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.
---------------------------------------------------------------------------
\6\ The 15th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
40th Congress on February 26, 1869, and was declared, in a proclamation
of the Secretary of State, dated March 30, 1870, to have been ratified
by the legislatures of 29 of the 37 States. The dates of these
ratifications were: Nevada, March 1, 1869; West Virginia, March 3, 1869;
North Carolina, March 5, 1869; Illinois, March 5, 1869; Louisiana, March
5, 1869; Michigan, March 8, 1869; Wisconsin, March 9, 1869; Maine, March
11, 1869; Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York, April
14, 1869 (subsequently withdrew its consent to the ratification on
January 5, 1870 but rescinded this action on March 30, 1970); Indiana,
May 14, 1869; Connecticut, May 19, 1869; Florida, June 14, 1869; New
Hampshire, July 1, 1869; Virginia, October 8, 1869; Vermont, October 20,
1869; Alabama, November 16, 1869; Missouri, January 7, 1870 (Missouri
had ratified the first section of the 15th amendment on March 1, 1869,
but had failed to include in its ratification the second section of the
amendment); Minnesota, January 13, 1870; Mississippi, January 17, 1870;
Rhode Island, January 18, 1870; Kansas, January 19, 1870; Ohio, January
27, 1870 (after having rejected the amendment April 30, 1869); Georgia,
February 2, 1870; Iowa, February 3, 1870. Ratification was completed on
February 3, 1870, unless the withdrawal of ratification by New York was
effective; in which event ratification was completed on February 17,
1870, when ratified by Nebraska. The amendment was subsequently ratified
by Texas, February 18, 1870; New Jersey, February 15, 1871 (after having
rejected it on February 7, 1870); Delaware, February 12, 1901 (after
having rejected it on March 18, 1869); Oregon, February 24, 1959;
California, April 3, 1962 (after having rejected it on January 28,
1870); Maryland, May 7, 1973 (after having rejected it on February 4 and
February 26, 1870); Kentucky, March 30, 1976 (after having rejected it
on March 11 and March 12, 1869); and Tennessee, April 2, 1997, (after
having rejected it on November 16, 1869).
[[Page 100]]
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.
AMENDMENT XVI.\7\
The <> Congress shall have power to
lay and collect taxes on incomes, from whatever source derived, without
appor
[[Page 101]]
tionment among the several States, and without regard to any census or
enumeration.
---------------------------------------------------------------------------
\7\ The 16th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
61st Congress on July 16, 1909, and was declared, in a proclamation of
the Secretary of State dated February 25, 1913, to have been ratified by
the legislatures of 36 of the 48 States. The dates of ratification were:
Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina,
February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910;
Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3,
1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20,
1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana,
January 30, 1911; Indiana, January 30, 1911; California, January 31,
1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;
Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado,
February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18,
1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri,
March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
Arkansas, April 22, 1911 (after having rejected it at the session begun
January 9, 1911); Wisconsin, May 26, 1911; New York, July 12, 1911;
Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28,
1912; West Virginia, January 31, 1913; Delaware, February 3, 1913;
Wyoming, February 3, 1913; New Mexico, February 3, 1913. Ratification
was completed on February 3, 1913. The amendment was subsequently
ratified by New Jersey, February 4, 1913; Vermont, February 19, 1913
(after having rejected the amendment January 17, 1911); Massachusetts,
March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the
amendment March 2, 1911). The amendment was rejected by Rhode Island,
April 29, 1910; Utah, March 9, 1911; Connecticut, June 28, 1911; and
Florida, May 31, 1913. Pennsylvania and Virginia did not complete
action.
---------------------------------------------------------------------------
AMENDMENT XVII.\8\
(See Article I, Section 3.)
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
[[Page 102]]
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.
---------------------------------------------------------------------------
\8\ The 17th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the 62d
Congress on May 15, 1912, and was declared, in a proclamation by the
Secretary of State dated May 31, 1913, to have been ratified by the
legislatures of 36 of the 48 States. The dates of ratification were:
Massachusetts, May 22, 1912; Arizona, June 3, 1912; Minnesota, June 10,
1912; New York, January 15, 1913; Kansas, January 17, 1913; Oregon,
January 23, 1913; North Carolina, January 25, 1913; California, January
28, 1913; Michigan, January 28, 1913; Iowa, January 30, 1913; Montana,
January 30, 1913; Idaho, January 31, 1913; West Virginia, February 4,
1913; Colorado, February 5, 1913; Nevada, February 6, 1913; Texas,
February 7, 1913; Washington, February 7, 1913; Wyoming, February 8,
1913; Arkansas, February 11, 1913; Maine, February 11, 1913; Illinois,
February 13, 1913; North Dakota, February 14, 1913; Wisconsin, February
18, 1913; Indiana, February 19, 1913; New Hampshire, February 19, 1913;
Vermont, February 19, 1913; South Dakota, February 19, 1913; Oklahoma,
February 24, 1913; Ohio, February 25, 1913; Missouri, March 7, 1913; New
Mexico, March 13, 1913; Nebraska, March 14, 1913; New Jersey, March 17,
1913; Tennessee, April 1, 1913; Pennsylvania, April 2, 1913;
Connecticut, April 8, 1913. Ratification was completed on April 8, 1913.
The amendment was subsequently ratified by Louisiana, June 11, 1914. The
amendment was rejected by Utah, February 26, 1913; Delaware, March 18,
1913. Alabama, Florida, Georgia, Rhode Island, and South Carolina did
not complete action.
---------------------------------------------------------------------------
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.
Senator <> Rebecca
L. Felton, appointed during the recess of the Senate on October 3, 1922,
to fill a vacancy, was the first woman to sit in the Senate (VI, 156).
Senator Walter F. George was elected to fill the vacancy on Novem-
ber 7, 1922. Mrs. Felton took the oath of office on November 21, 1922,
and Senator George took the oath November 22, 1922 (VI, 156). Discussion
as to the term of service of a Senator appointed by a State executive to
fill a vacancy (VI, 156).
The <> right of an
elector to vote for a Senator is fundamentally derived from the United
States Constitution (United States v. Aczel 219 F.2d 917 (1915)) and may
not be denied in a discriminatory fashion (Chapman v. King, 154 F.2d 460
(1946), cert. denied, 327 U.S. 800 (1946); Forssenius v. Harman, 235 F.
Supp. 66 (1964), affd., 380 U.S. 529 (1965)).
[[Page 103]]
AMENDMENT XVIII.\9\
[See Amendment XXI, repealing this Amendment]
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 territories subject to the jurisdiction thereof for
beverage purposes is hereby prohibited.
---------------------------------------------------------------------------
\9\ The 18th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
65th Congress on December 18, 1917, and was declared in a proclamation
by the Secretary of State dated January 29, 1919, to have been ratified
by the legislatures of 36 of the 48 States. The dates of these
ratifications were: Mississippi, January 8, 1918; Virginia, January 11,
1918; Kentucky, January 14, 1918; North Dakota, January 25, 1918; South
Carolina, January 29, 1918; Maryland, February 13, 1918; Montana,
February 19, 1918; Texas, March 4, 1918; Delaware, March 18, 1918; South
Dakota, March 20, 1918; Massachusetts, April 2, 1918; Arizona, May 24,
1918; Georgia, June 26, 1918; Louisiana, August 3, 1918; Florida,
December 3, 1918; Michigan, January 2, 1919; Ohio, January 7, 1919;
Oklahoma, January 7, 1919; Idaho, January 8, 1919; Maine, January 8,
1919; West Virginia, January 9, 1919; California, January 13, 1919;
Tennessee, January 13, 1919; Washington, January 13, 1919; Arkansas,
January 14, 1919; Kansas, January 14, 1919; Alabama, January 15, 1919;
Colorado, January 15, 1919; Iowa, January 15, 1919; New Hampshire,
January 15, 1919; Oregon, January 15, 1919; Nebraska, January 16, 1919;
North Carolina, January 16, 1919; Utah, January 16, 1919; Missouri,
January 16, 1919; Wyoming, January 16, 1919. Ratification was completed
on January 16, 1919. The amendment was subsequently ratified by
Minnesota, January 17, 1919; Wisconsin, January 17, 1919; New Mexico,
January 20, 1919; Nevada, January 21, 1919; New York, January 29, 1919;
Vermont, January 29, 1919; Pennsylvania, February 25, 1919; Connecticut,
May 6, 1919; and New Jersey, March 9, 1922. Rhode Island rejected the
amendment.
---------------------------------------------------------------------------
Section 2. The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
[[Page 104]]
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.]
AMENDMENT XIX.\10\
The <s suffrage.>> 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.
---------------------------------------------------------------------------
\10\ The 19th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
66th Congress on June 5, 1919, and was declared in a proclamation by the
Secretary of State dated August 26, 1920, to have been ratified by the
legislatures of 36 of the 48 States. The dates of these ratifications
were: Illinois, June 10, 1919 (and that State readopted its resolution
of ratification June 17, 1919); Michigan, June 10, 1919; Wisconsin, June
10, 1919; Kansas, June 16, 1919; New York, June 16, 1919; Ohio, June 16,
1919; Pennsylvania, June 24, 1919; Massachusetts, June 25, 1919; Texas,
June 28, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919; Arkansas,
July 28, 1919; Montana, August 2, 1919; Nebraska, August 2, 1919;
Minnesota, September 8, 1919; New Hampshire, September 10, 1919; Utah,
October 2, 1919; California, November 1, 1919; Maine, November 5, 1919;
North Dakota, December 1, 1919; South Dakota, December 4, 1919;
Colorado, December 15, 1919; Kentucky, January 6, 1920; Rhode Island,
January 6, 1920; Oregon, January 13, 1920; Indiana, January 16, 1920;
Wyoming, January 27, 1920; Nevada, February 7, 1920; New Jersey,
February 9, 1920; Idaho, February 11, 1920; Arizona, February 12, 1920;
New Mexico, February 21, 1920; Oklahoma, February 28, 1920; West
Virginia, March 10, 1920; Washington, March 22, 1920; Tennessee, August
28, 1920. Ratification was completed on August 28, 1920. The amendment
was subsequently ratified by Connecticut, September 14, 1920 (and that
State reaffirmed on September 21, 1920); Vermont, February 8, 1921;
Delaware, March 6, 1923 (after having rejected the amendment on June 2,
1920); Maryland, March 29, 1941 (after having rejected the amendment on
February 24, 1920; ratification certified February 25, 1958); Virginia,
February 21, 1952 (after having rejected the amendment February 12,
1920); Alabama, September 8, 1953 (after having rejected the amendment
September 22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969
(after having rejected the amendment on January 28, 1920); Georgia,
February 20, 1970 (after having rejected the amendment on July 24,
1919); Louisiana, June 11, 1970 (after having rejected it on July 1,
1920); North Carolina, May 6, 1971; Mississippi, March 22, 1984 (after
having rejected the amendment on March 29, 1920).
---------------------------------------------------------------------------
[[Page 105]]
Congress shall have power to enforce this article by appropriate
legislation.
AMENDMENT XX.\11\
Section 1. <> The terms of the President and
Vice President shall end at noon on the 20th day of January, and the
terms of Senators and Representa
[[Page 106]]
tives 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.
---------------------------------------------------------------------------
\11\ The 20th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the 72d
Congress, on March 3, 1932, and was declared in a proclamation by the
Secretary of State dated February 6, 1933, to have been ratified by the
legislatures of 36 of the 48 States. The dates of these ratifications
were: Virginia, March 4, 1932; New York, March 11, 1932; Mississippi,
March 16, 1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932; New
Jersey, March 21, 1932; South Carolina, March 25, 1932; Michigan, March
31, 1932; Maine, April 1, 1932; Rhode Island, April 14, 1932; Illinois,
April 21, 1932; Louisiana, June 22, 1932; West Virginia, July 30, 1932;
Pennsylvania, August 11, 1932; Indiana, August 15, 1932; Texas,
September 7, 1932; Alabama, September 13, 1932; California, January 4,
1933; North Carolina, January 5, 1933; North Dakota, January 9, 1933;
Minnesota, January 12, 1933; Montana, January 13, 1933; Nebraska,
January 13, 1933; Oklahoma, January 13, 1933; Arizona, January 13, 1933;
Kansas, January 16, 1933; Oregon, January 16, 1933; Wyoming, January 19,
1933; Delaware, January 19, 1933; Washington, January 19, 1933; South
Dakota, January 20, 1933; Tennessee, January 20, 1933; Iowa, January 20,
1933; Idaho, January 21, 1933; New Mexico, January 21, 1933; Ohio,
January 23, 1933; Utah, January 23, 1933; Missouri, January 23, 1933;
Georgia, January 23, 1933. Ratification was completed on January 23,
1933. The amendment was subsequently ratified by Massachusetts, January
24, 1933; Wisconsin, January 24, 1933; Colorado, January 24, 1933;
Nevada, January 26, 1933; Connecticut, January 27, 1933; New Hampshire,
January 31, 1933; Vermont, February 2, 1933; Maryland, March 24, 1933;
Florida, April 26, 1933.
The ratification of this amendment to the Constitution shortened the
first term of President Franklin D. Roosevelt and Vice President John N.
Garner, and the terms of all Senators and Representatives of the 73d
Congress.
---------------------------------------------------------------------------
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.
Prior to the ratification of the 20th amendment Congress met on the
first Monday in December as provided in article I, section 4, of the
Constitution. For discussion of the term of Congress prior to and
pursuant to the 20th amendment, see Sec. 6, supra (accompanying art. I,
sec. 2, cl. 1), and Deschler's Precedents, vol. 1, ch. 1.
Pursuant to section 2 of the 20th amendment, a regular session of a
Congress must begin at noon on January 3 of every year unless Congress
sets a different date by law, and if the House is in session at that
time the Speaker declares the House adjourned sine die without a motion
from the floor, in order that the next regular session of that Congress,
or the first session of the next Congress (as the case may be) may
assemble at noon on that day (Jan. 3, 1981, p. 3774; Jan. 3, 1996, pp.
35, 36).
Since <> ratification, laws appointing a different day for
assembling have been enacted as follows: Public Law 74-120, Jan. 5,
1937; Public Law 77-395, Jan. 5, 1942; Public Law 77-819, Jan. 6, 1943;
Public Law 78-210, Jan. 10, 1944; Public Law 79-289, Jan. 14, 1946;
Public Law 80-358, Jan. 6, 1948; Public Law 82-244, Jan. 8, 1952; Public
Law 83-199, Jan. 6, 1954; Public Law 83-700, Jan. 5, 1955; Public Law
85-290, Jan. 7, 1958; Public Law 85-819, Jan. 7, 1959; Public Law 86-
305, Jan. 6, 1960; Public Law 87-348, Jan. 10, 1962; Public Law 87-864,
Jan. 9, 1963; Public Law 88-247, Jan. 7, 1964; Public Law 88-649, Jan.
4, 1965; Public Law 89-340, Jan. 10, 1966; Public Law 89-704, Jan. 10,
1967; Public Law 90-230, Jan. 15, 1968; Public Law 91-182, Jan. 19,
1970; Public Law 91-643, Jan. 21, 1971; Public Law 92-217, Jan. 18,
1972; Public Law 93-196, Jan. 21, 1974; Public Law 93-553, Jan. 14,
1975; Public Law 94-186, Jan. 19, 1976; Public Law 94-494, Jan. 4, 1977;
Public Law 95-594, Jan. 15, 1979; Public Law 96-566, Jan. 5, 1981;
Public Law 97-133, Jan.
[[Page 107]]
25, 1982; Public Law 98-179, Jan. 23, 1984; Public Law 99-379, Jan. 21,
1986; Public Law 99-613, Jan. 6, 1987; Public Law 100-229, Jan. 25,
1988; Public Law 101-228, Jan. 23, 1990; Public Law 102-475, Jan. 5,
1993; Public Law 103-395, Jan. 4, 1995; Public Law 104-296, Jan. 7,
1997; Public Law 105-140, Jan. 27, 1998; Public Law 105-350, Jan. 6,
1999; Public Law 106-127, Jan. 24, 2000.
- 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 elect 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.
Congress <> provided by law in 1947 for the performance of the duties
of the President in case of removal, death, resignation or inability,
both of the President and Vice President (3 U.S.C. 19). Earlier
succession statutes covering the periods 1792-1886 and 1887-1948 can be
found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th
amendment to the Constitution, relating to vacancies in the office of
Vice President and Presidential inability.
Prior to the 20th amendment there was no provision in the Constitution
to take care of a case wherein the President-elect was disqualified or
had died.
[[Page 108]]
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.
The above section changes the 12th amendment insofar as it gives
Congress the power to provide by law the manner in which the House
should proceed in the event no candidate had a majority and one of the
three highest on the list of those voted for as President had died.
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.
AMENDMENT XXI.\12\
Section 1. <> The eighteenth
article of amendment to the Constitution of the United States is hereby
repealed.
---------------------------------------------------------------------------
\12\ The 21st amendment to the Constitution of the United
States was proposed to conventions of the several States by the 72d
Congress on February 20, 1933, and was declared in a proclamation by the
Acting Secretary of State dated December 5, 1933, to have been ratified
by conventions in 36 of the 48 States. The dates of these ratifications
were: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode Island,
May 8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware,
June 24, 1933; Massachusetts, June 26, 1933; Indiana, June 26, 1933; New
York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933;
Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California,
July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933;
Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August 11,
1933; Missouri, August 29, 1933; Arizona, September 5, 1933; Nevada,
September 5, 1933; Vermont, September 23, 1933; Colorado, September 26,
1933; Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho,
October 17, 1933; Maryland, October 18, 1933; Virginia, October 25,
1933; New Mexico, November 2, 1933; Florida, November 14, 1933; Texas,
November 24, 1933; Kentucky, November 27, 1933; Ohio, December 5, 1933;
Pennsylvania, December 5, 1933; Utah, December 5, 1933. The amendment
was subsequently ratified by Maine on December 6, 1933; Montana, August
6, 1934. The convention held in the State of South Carolina on December
4, 1933, rejected the 21st amendment.
---------------------------------------------------------------------------
[[Page 109]]
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.
AMENDMENT XXII.\13\
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
[[Page 110]]
President, for more than two years of a term to which some other person
was elected President shall be elected to the office of the President
more than once. But this Article shall not apply to any person holding
the office of President when this Article was proposed by the 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.
---------------------------------------------------------------------------
\13\ The 22d amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
80th Congress on March 24, 1947, and was declared by the Administrator
of General Services, in a proclamation dated March 1, 1951, to have been
ratified by the legislatures of 36 of the 48 States. The dates of these
ratifications were: Maine, March 31, 1947; Michigan, March 31, 1947;
Iowa, April 1, 1947; Kansas, April 1, 1947; New Hampshire, April 1,
1947; Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April 3,
1947; Colorado, April 12, 1947; California, April 15, 1947; New Jersey,
April, 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947;
Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947; Connecticut,
May 21, 1947; Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
January 28, 1948; Mississippi, February 12, 1948; New York, March 9,
1948; South Dakota, January 21, 1949; North Dakota, February 25, 1949;
Louisiana, May 17, 1950; Montana, January 25, 1951; Indiana, January 29,
1951; Idaho, January 30, 1951; New Mexico, February 12, 1951; Wyoming,
February 12, 1951; Arkansas, February 15, 1951; Georgia, February 17,
1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Nevada,
February 26, 1951; Utah, February 26, 1951; Minnesota, February 27,
1951. Ratification was completed February 27, 1951. The amendment was
subsequently ratified by North Carolina, February 28, 1951; South
Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16,
1951; Alabama, May 4, 1951.
---------------------------------------------------------------------------
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.
[[Page 111]]
AMENDMENT XXIII.\14\
Section 1. <> The District constituting the seat of
Government of the United States shall appoint in such manner as the
Congress may direct:
---------------------------------------------------------------------------
\14\ The 23d amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
86th Congress on June 17, 1960, and was declared by the Administrator of
General Services, in a proclamation dated April 3, 1961, to have been
ratified by the legislatures of 39 of the 50 States. The dates of these
ratifications were: Hawaii, June 23, 1960; Massachusetts, August 22,
1960; New Jersey, December 19, 1960; New York, January 17, 1961;
California, January 19, 1961; Oregon, January 27, 1961; Maryland,
January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961;
Minnesota, January 31, 1961; New Mexico, February 1, 1961; Nevada,
February 2, 1961; Montana, February 26, 1961; Colorado, February 8,
1961; Washington, February 9, 1961; West Virginia, February 9, 1961;
Alaska, February 10, 1961; Wyoming, February 13, 1961; South Dakota,
February 14, 1961; Delaware, February 20, 1961; Utah, February 21, 1961;
Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961; Indiana,
March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6, 1961;
Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10,
1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March
15, 1961; Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma,
March 21, 1961; Rhode Island, March 22, 1961; Kansas, March 29, 1961;
and Ohio, March 29, 1961. Ratification was completed March 29, 1961. The
amendment was subsequently ratified by New Hampshire on March 30, 1961
(when that State annulled and then repeated its ratification of March
29, 1961). Arkansas rejected the amendment January 24, 1961.
---------------------------------------------------------------------------
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;
[[Page 112]]
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.
AMENDMENT XXIV.\15\
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.
---------------------------------------------------------------------------
\15\ The 24th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
87th Congress on August 28, 1962, and was declared by the Administrator
of General Services, in a proclamation dated February 4, 1964, to have
been ratified by the legislatures of 38 of the 50 States. The dates of
these ratifications were: Illinois, November 14, 1962; New Jersey,
December 3, 1962; Oregon, January 25, 1963; Montana, January 28, 1963;
West Virginia, February 1, 1963; New York, February 4, 1963; Maryland,
February 6, 1963; California, February 7, 1963; Alaska, February 11,
1963; Rhode Island, February 14, 1963; Indiana, February 19, 1963; Utah,
February 20, 1963; Michigan, February 20, 1963; Colorado, February 21,
1963; Ohio, February 27, 1963; Minnesota, February 27, 1963; New Mexico,
March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7, 1963;
Idaho, March 8, 1963; Washington, March 14, 1963; Vermont, March 15,
1963; Nevada, March 19, 1963; Connecticut, March 20, 1963; Tennessee,
March 21, 1963; Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
Kansas, March 28, 1963; Massachusetts, March 28, 1963; Nebraska, April
4, 1963; Florida, April 18, 1963; Iowa, April 24, 1963; Delaware, May 1,
1963; Missouri, May 13, 1963; New Hampshire, June 12, 1963; Kentucky,
June 27, 1963; Maine, January 16, 1964; and South Dakota, January 23,
1964. Ratification was completed on January 23, 1964. Mississippi
rejected the amendment on December 20, 1962.
Harman v. Forssenius, 380 U.S. 528 (1965); Harper v. Virginia State
---------------------------------------------------------------------------
Board of Elections, 383 U.S. 663 (1966).
[[Page 113]]
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.
AMENDMENT XXV.\16\
Section 1. <> In case of the removal of the President from office or of
his death or resignation, the Vice President shall become President.
---------------------------------------------------------------------------
\16\ The 25th amendment to the Constitution of the United
States was proposed to the legislatures of the several States by the
89th Congress on July 7, 1965, and was declared by the Administrator of
General Services, in a proclamation dated February 23, 1967, to have
been ratified by the legislatures of 39 of the 50 States. The dates of
these ratifications were: Nebraska, July 12, 1965; Wisconsin, July 13,
1965; Oklahoma, July 16, 1965; Massachusetts, August 9, 1965;
Pennsylvania, August 18, 1965; Kentucky, September 15, 1965; Arizona,
September 22, 1965; Michigan, October 5, 1965; Indiana, October 20,
1965; California, October 21, 1965; Arkansas, November 4, 1965; New
Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17,
1966; West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode
Island, January 28, 1966; Colorado, February 3, 1966; New Mexico,
February 3, 1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii, March 3, 1966;
Virginia, March 8, 1966; Mississippi, March 10, 1966; New York, March
14, 1966; Maryland, March 23, 1966; Missouri, March 30, 1966; New
Hampshire, June 13, 1966; Louisiana, July 5, 1966; Tennessee, January
12, 1967; Wyoming, January 25, 1967; Iowa, January 26, 1967; Washington,
January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10,
1967; Nevada, February 10, 1967. Ratification was completed February 10,
1967. The amendment was subsequently ratified by Connecticut, February
14, 1967; Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio,
March 7, 1967; Alabama, March 14, 1967; North Carolina, March 22, 1967;
Illinois, March 22, 1967; Texas, April 25, 1967; Florida, May 25, 1967.
---------------------------------------------------------------------------
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.
[[Page 114]]
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
[[Page 115]]
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.
Congress <> has twice performed its
responsibility under section two of the 25th amendment. On October 13,
1973, the Speaker laid before the House a message from President Nixon
transmitting his nomination of Gerald R. Ford, Representative and
Minority Leader in the House of Representatives, to be Vice President of
the United States, Vice President Agnew having resigned on October 10,
1973. The Speaker referred the nomination to the Committee on the
Judiciary, which under clause 1(k)(14) of rule X has jurisdiction over
messages and matters relating to Presidential succession (Oct. 13, 1973,
p. 34032). The nomination of Mr. Ford to be Vice President was confirmed
by the Senate on November 27, 1973 (p. 38225) and by the House on
December 6, 1973 (p. 39900), and Vice President Ford was sworn in in the
Chamber of the House of Representatives on December 6 (p. 39925).
Subsequently, President Nixon resigned from office by delivering his
written resignation into the office of the Secretary of State, pursuant
to 3 U.S.C. 20, on August 9, 1974. Pursuant to section one of the 25th
amendment, Vice President Ford became President, and was sworn in in the
East Room at the White House. He nominated Nelson A. Rockefeller to be
Vice President which nomination was received in the House of
Representatives and referred to the Committee on the Judiciary on August
20, 1974; the nomination was confirmed by the Senate on December 10,
1974 (p. 38936) and by the House on December 19, 1974 (p. 41516), and
Vice President Rockefeller was sworn in in the Senate Chamber on
December 19, 1974 (p. 41181). On both instances, the House received the
message from the Senate, announcing that body's
[[Page 116]]
confirmation of the nominee for Vice President, following the vote on
confirmation by the House. On July 15, 1985 (pp. 18955-56) the Speaker
laid before the House two communications from the President of the
United States advising (1) of the President's temporary period of
incapacity of discharging the constitutional powers and duties of the
Office of President and directing that the Vice President discharge
those duties in his stead and (2) a subsequent Presidential
determination of his ability to resume those powers and duties.
AMENDMENT XXVI.\17\
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.
---------------------------------------------------------------------------
\17\ The 26th amendment to the Constitution was proposed by
the Congress on March 23, 1971. It was declared, in a certificate of the
Administrator of General Services, dated July 5, 1971, to have been
ratified by the legislatures of 39 of the 50 States. The dates of
ratification were: Connecticut, March 23, 1971; Delaware, March 23,
1971; Minnesota, March 23, 1971; Tennessee, March 23, 1971; Washington,
March 23, 1971; Hawaii, March 24, 1971; Massachusetts, March 24, 1971;
Montana, March 29, 1971; Arkansas, March 30, 1971; Idaho, March 30,
1971; Iowa, March 30, 1971; Nebraska, April 2, 1971; New Jersey, April
3, 1971; Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April
8, 1971; Maryland, April 8, 1971; Indiana, April 8, 1971; Maine, April
9, 1971; Vermont, April 16, 1971; Louisiana, April 17, 1971; California,
April 19, 1971; Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
Texas, April 27, 1971; South Carolina, April 28, 1971; West Virginia,
April 28, 1971; New Hampshire, May 13, 1971; Arizona, May 14, 1971;
Rhode Island, May 27, 1971; New York, June 2, 1971; Oregon, June 4,
1971; Missouri, June 14, 1971; Wisconsin, June 22, 1971; Illinois, June
29, 1971; Alabama, June 30, 1971; Ohio, June 30, 1971; North Carolina,
July 1, 1971; Oklahoma, July 1, 1971.
Ratification was completed on July 1, 1971.
The amendment was subsequently ratified by Virginia, July 8, 1971;
Wyoming, July 8, 1971; Georgia, October 4, 1971.
---------------------------------------------------------------------------
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.
[[Page 117]]
AMENDMENT XXVII.\18\
No <> law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an election of
Representatives shall have intervened.
---------------------------------------------------------------------------
\18\ The 27th amendment to the Constitution was proposed on
September 25, 1789. It was declared to have been ratified by the
legislatures of 39 of the 50 States in a certificate of the Archivist
dated May 18, 1992. The dates of ratification were: Maryland, December
19, 1789; North Carolina, December 22, 1789; South Carolina, January 19,
1790; Delaware, January 28, 1790; Vermont, November 3, 1791; Virginia,
December 15, 1791; Ohio, May 6, 1873; Wyoming, March 6, 1978; Maine,
April 27, 1983; Colorado, April 22, 1984; South Dakota, February 21,
1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee,
May 23, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
Indiana, February 24, 1986; Utah, February 25, 1986; Arkansas, March 6,
1987; Montana, March 17, 1987; Connecticut, May 13, 1987; Wisconsin,
July 15, 1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23, 1989;
Nevada, April 26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989;
Minnesota, May 22, 1989; Texas, May 25, 1989; Kansas, April 5, 1990;
Florida, May 31, 1990; North Dakota, March 25, 1991; Alabama, May 5,
1992; Missouri, May 5, 1992; Michigan, May 7, 1992; and New Jersey, May
7, 1992.
Ratification was completed on May 7, 1992. The amendment was
subsequently ratified by Illinois, May 12, 1992; and California, June
26, 1992.
To quell speculation over the efficacy of a ratification process
spanning two centuries, the House adopted a concurrent resolution
declaring the ratification of the amendment (H. Con. Res. 320, 102d
Cong., May 19, 1992, p. 11779). The Senate adopted both a separate
concurrent resolution and a simple resolution making similar
declarations (S. Con. Res. 120 and S. Res. 298, 102d Cong., May 20,
1992, p. 11869). Neither House considered the concurrent resolution of
the other. For a concurrent resolution declaring the ratification of the
14th amendment, see July 21, 1868. For opinions of the Supreme Court
concerning the duration of the ratification process and the
contemporaneity of State ratifications, see Dillon v. Gloss, 256 U.S.
368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).
For Federal court opinions upholding congressional cost-of-living
adjustments for Members under in the Ethics Reform Act of 1989 (103
Stat. 1716), see Boehner v. Anderson, 809 F. Supp. 38 (D.D.C. 1992),
aff'd, 30
[[Page 118]]
F.3d 156 (D.C. Cir 1994); Schaffer v. Clinton, 54 F. Supp.2d 1014
(D.Colo. 1999).