Constitution Annotated

Introduction — Background on Amendments to the Constitution

Essays on this page (8)

Intro.3 Background on Amendments to the Constitution

Intro.3.1 Ratification of Amendments to the Constitution Generally

The essays that follow discuss the ratification of the amendments to the Constitution of the United States of America along with the text of the amendments (literal print).

In Dillon v. Gloss, 256 U.S. 368 (1921), the Supreme Court stated that it would take judicial notice of the date on which a state ratified a proposed constitutional amendment. Accordingly the Court consulted the state journals to determine the dates on which each house of the legislature of certain states ratified the Eighteenth Amendment. It, therefore, follows that the date on which the governor approved the ratification, or the date on which the secretary of state of a given state certified the ratification, or the date on which the Secretary of State of the United States received a copy of said certificate, or the date on which he proclaimed that the amendment had been ratified are not controlling. Hence, the ratification date given in the following essays is the date on which the legislature of a given state approved the particular amendment (signature by the speaker or presiding officers of both houses being considered a part of the ratification of the “legislature”). When that date is not available, the date given is that on which it was approved by the governor or certified by the secretary of state of the particular state. In each case such fact has been noted. Except as otherwise indicated information as to ratification is based on data supplied by the Department of State.

Brackets enclosing an amendment number indicate that the number was not specifically assigned in the resolution proposing the amendment. It will be seen, accordingly, that only the Thirteenth, Fourteenth, Fifteenth, and Sixteenth Amendments were thus technically ratified by number.

Intro.3.2 Bill of Rights (First Through Tenth Amendments)

On September 12, five days before the Convention adjourned, George Mason and Elbridge Gerry raised the question of adding a bill of rights to the Constitution. Mason said: “It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours.” But the motion of Gerry and Mason to appoint a committee for the purpose of drafting a bill of rights was rejected.1 Again, on September 14, Charles Pinckney and Gerry sought to add a provision “that the liberty of the Press should be inviolably observed—.” But after Roger Sherman observed that such a declaration was unnecessary, because “[t]he power of Congress does not extend to the Press,” this suggestion too was rejected.2 It cannot be known accurately why the Convention opposed these suggestions. Perhaps the lateness of the Convention, perhaps the desire not to present more opportunity for controversy when the document was forwarded to the states, perhaps the belief, asserted by the defenders of the Constitution when the absence of a bill of rights became critical, that no bill was needed because Congress was delegated none of the powers which such a declaration would deny, perhaps all these contributed to the rejection.3

In any event, the opponents of ratification soon made the absence of a bill of rights a major argument,4 and some friends of the document, such as Thomas Jefferson,5 strongly urged amendment to include a declaration of rights.6 Several state conventions ratified while urging that the new Congress to be convened propose such amendments, 124 amendments in all being put forward by these states.7 Although some dispute has occurred with regard to the obligation of the first Congress to propose amendments, James Madison at least had no doubts8 and introduced a series of proposals,9 which he had difficulty claiming the interest of the rest of Congress in considering. At length, the House of Representatives adopted seventeen proposals; the Senate rejected two and reduced the remainder to twelve, which were accepted by the House.10

Consequently, the first ten amendments, which are commonly referred to as the Bill of Rights, along with one that was not ratified and one that was not ratified until 1992, were proposed by Congress on September 25, 1789, when they passed the Senate, having previously passed the House on September 24.11 They appear officially in 1 Stat. 97 (1789). Ratification of the first ten amendments was completed on December 15, 1791, when the eleventh state (Virginia) approved these amendments, there being then fourteen states in the Union.

The several state legislatures ratified the first ten amendments to the Constitution on the following dates: 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; Virginia, December 15, 1791. The two amendments that were not ratified prescribed the ratio of representation to population in the House, and specified that no law varying the compensation of Members of Congress should be effective until after an intervening election of Representatives.12 The first was ratified by ten states (one short of the requisite number) and the second, by six states; subsequently, this second proposal was taken up by the states in the period 1980–1992 and was proclaimed as ratified as of May 7, 1992. Connecticut, Georgia, and Massachusetts ratified the first ten amendments in 1939.

Notes
  1. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, at 587–88 (Max Farrand ed., 1937). ↩
  2. Id. at 617–18. ↩
  3. The argument most used by proponents of the Constitution was that inasmuch as Congress was delegated no power to do those things which a bill of rights would proscribe no bill of rights was necessary and that it might be dangerous because it would contain exceptions to powers not granted and might therefore afford a basis for claiming more than was granted. THE FEDERALIST NO. 84 (Alexander Hamilton). ↩
  4. Substantial excerpts from the debate in the country and in the ratifying conventions are set out in 1 THE BILL OF RIGHTS: A DOCUMENTARY HISTORY 435–620 (B. Schwartz ed., 1971); 2 id. at 627–980. The earlier portions of volume 1 trace the origins of the various guarantees back to the Magna Carta. ↩
  5. In a letter to Madison, Jefferson indicated what he did not like about the proposed Constitution. “First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of the fact triable by the laws of the land and not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.” 12 THE PAPERS OF THOMAS JEFFERSON 438, 440 (J. Boyd ed., 1958). He suggested that nine States should ratify and four withhold ratification until amendments adding a bill of rights were adopted. Id. at 557, 570, 583. Jefferson still later endorsed the plan put forward by Massachusetts to ratify and propose amendments. 14 id. at 649. ↩
  6. Thus, George Washington observed in letters that a ratified Constitution could be amended but that making such amendments conditions for ratification was ill-advised. 11 THE WRITINGS OF GEORGE WASHINGTON 249 (W. Ford ed., 1891). ↩
  7. 2 THE BILL OF RIGHTS: A DOCUMENTARY HISTORY 627–980 (B. Schwartz ed., 1971). See also H. AMES, THE PROPOSED AMENDMENTS TO THE CONSTITUTION 19 (1896). ↩
  8. Madison began as a doubter, writing Jefferson that while “[m]y own opinion has always been in favor of a bill of rights,” still “I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment. . . .” 5 THE WRITINGS OF JAMES MADISON 269 (G. Hunt ed., 1904). His reasons were four. (1) The Federal Government was not granted the powers to do what a bill of rights would proscribe. (2) There was reason “to fear that a positive declaration of some of the most essential rights could not be obtained in the requisite latitude. I am sure that the rights of conscience in particular, if submitted to public definition would be narrowed much more than they are likely ever to be by an assumed power.” (3) A greater security was afforded by the jealousy of the States of the national government. (4) “[E]xperience proves the inefficacy of a bill of rights on those occasions when its controul is most needed. Repeated violations of these parchment barriers have been committed by overbearing majorities in every State. . . . Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the government is the mere instrument of the major number of the Constituents. . . . Wherever there is a interest and power to do wrong, wrong will generally be done, and not less readily by a powerful & interested party than by a powerful and interested prince.” Id. at 272–73. Jefferson’s response acknowledged the potency of Madison’s reservations and attempted to answer them, in the course of which he called Madison’s attention to an argument in favor not considered by Madison “which has great weight with me, the legal check which it puts into the hands of the judiciary. This is a body, which if rendered independent, and kept strictly to their own department merits great confidence for their learning and integrity.” 14 THE PAPERS OF THOMAS JEFFERSON 659 (J. Boyd ed., 1958). Madison was to assert this point when he introduced his proposals for a bill of rights in the House of Representatives. 1 ANNALS OF CONG. 439 (June 8, 1789). In any event, following ratification, Madison in his successful campaign for a seat in the House firmly endorsed the proposal of a bill of rights. “[I]t is my sincere opinion that the Constitution ought to be revised, and that the first Congress meeting under it ought to prepare and recommend to the States for ratification, the most satisfactory provisions for all essential rights, particularly the rights of Conscience in the fullest latitude, the freedom of the press, trials by jury, security against general warrants & c.” 5 THE WRITINGS OF JAMES MADISON 319 (G. Hunt ed., 1904). ↩
  9. 1 ANNALS OF CONG. 424–50 (June 8, 1789). The proposals as introduced are at pp. 433–36. The Members of the House were indisposed to moving on the proposals. ↩
  10. Debate in the House began on July 21, 1789, and final passage was had on August 24, 1789. 1 ANNALS OF CONG. 660–779. The Senate considered the proposals from September 2 to September 9, but no journal was kept. The final version compromised between the House and Senate was adopted September 24 and 25. See 2 THE BILL OF RIGHTS: A DOCUMENTARY HISTORY 983–1167 (B. Schwartz ed., 1971). ↩
  11. 1 ANNALS OF CONG. 88, 913 (1789) ↩
  12. HERMAN V. AMES, THE PROPOSED AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES DURING THE FIRST CENTURY OF ITS HISTORY 184, 185 (1896). ↩

Intro.3.3 Early Amendments (Eleventh and Twelfth Amendments)

Brackets enclosing an amendment number indicate that the number was not specifically assigned in the resolution proposing the amendment.

Amendment [XI.]

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.

The Eleventh Amendment1 was proposed by Congress on March 4, 1794 when it passed the House,2 having previously passed the Senate on January 14.3 It appears officially in 1 Stat. 402. Ratification was completed on February 7, 1795, when the twelfth state (North Carolina) approved the Amendment, there being then fifteen states in the Union. Official announcement of ratification was not made until January 8, 1798, when President John Adams in a message to Congress stated that the Eleventh Amendment had been adopted by three-fourths of the states and that it “may now be deemed to be a part of the Constitution.” In the interim South Carolina had ratified, and Tennessee had been admitted into the Union as the sixteenth state.

The several state legislatures ratified the Eleventh Amendment on the following dates: New York, March 27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794; Massachusetts, June 26, 1794; Vermont, between October 9 and November 9, 1794; Virginia, November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7, 1794; Maryland, December 26, 1794; Delaware, January 23, 1795; North Carolina, February 7, 1795; South Carolina, December 4, 1797.

Amendment [XII.]

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 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.

The Twelfth Amendment4 was proposed by Congress on December 9, 1803, when it passed the House5 having previously passed the Senate on December 2.6 It was not signed by the presiding officers of the House and Senate until December 12. It appears officially in 2 Stat. 306. Ratification was probably completed on June 15, 1804, when the legislature of the thirteenth state (New Hampshire) approved the Amendment, there being then seventeen states in the Union. The Governor of New Hampshire, however, vetoed this act of the legislature on June 20, and the act failed to pass again by two-thirds vote then required by the state constitution. Inasmuch as Article V of the Federal Constitution specifies that amendments shall become effective “when ratified by legislatures of three-fourths of the several States or by conventions in three-fourths thereof,” it has been generally believed that an approval or veto by a governor is without significance. If the ratification by New Hampshire be deemed ineffective, then the Amendment became operative by Tennessee’s ratification on July 27, 1804. On September 25, 1804, in a circular letter to the Governors of the several states, Secretary of State Madison declared the Amendment ratified by three-fourths of the states.

The several state legislatures ratified the Twelfth Amendment on the following dates: North Carolina, December 22, 1803; Maryland, December 24, 1803; Kentucky, December 27, 1803; Ohio, between December 5 and December 30, 1803; Virginia, between December 20, 1803 and February 3, 1804; Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York, February 10, 1804; New Jersey, February 22, 1804; Rhode Island, between February 27 and March 12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New Hampshire, June 15, 1804; and Tennessee, July 27, 1804. The Amendment was rejected by Delaware on January 18, 1804, and by Connecticut at its session begun May 10, 1804. Massachusetts ratified this Amendment in 1961.

Notes
  1. Amdt11.1 Overview of Eleventh Amendment, Suits Against States. ↩
  2. 4 ANNALS OF CONG. 477, 478 (1794). ↩
  3. Id. at 30, 31. ↩
  4. Amdt12.1 Overview of Twelfth Amendment, Election of President. ↩
  5. 13 ANNALS OF CONG. 775, 776 (1803). ↩
  6. Id. at 209. ↩

Intro.3.4 Civil War Amendments (Thirteenth, Fourteenth, and Fifteenth Amendments)

Amendment XIII.

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.

The Thirteenth Amendment1 was proposed by Congress on January 31, 1865 when it passed the House,2 having previously passed the Senate on April 8, 1864.3 It appears officially in 13 Stat. 567 under the date of February 1, 1865. Ratification was completed on December 6, 1865, when the legislature of the twenty-seventh state (Georgia) approved the Amendment, there being then thirty-six states in the Union. On December 18, 1865, Secretary of State William Seward certified that the Thirteenth Amendment had become a part of the Constitution.4

The several state legislatures ratified the Thirteenth Amendment on the following dates: Illinois, February 1, 1865; Rhode Island, February 2, 1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York, February 3, 1865; West Virginia, February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865; Kansas, February 7, 1865; Massachusetts, February 7, 1865; Pennsylvania, February 8, 1865; Virginia, February 9, 1865; Ohio, February 10, 1865; Louisiana, February 15 or 16, 1865; Indiana, February 16, 1865; Nevada, February 16, 1865; Minnesota, February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865 (date on which it was “approved” by Governor); Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4, 1865; New Hampshire, June 30, 1865; South Carolina, November 13, 1865; Alabama, December 2, 1865 (date on which it was “approved” by Provisional Governor); North Carolina, December 4, 1865; Georgia, December 6, 1865; Oregon, December 11, 1865; California, December 15, 1865; Florida, December 28, 1865 (Florida again ratified this Amendment on June 9, 1868, upon its adoption of a new constitution); Iowa, January 17, 1866; New Jersey, January 23, 1866 (after having rejected the Amendment on March 16, 1865); Texas, February 17, 1870; Delaware, February 12, 1901 (after having rejected the Amendment of February 8, 1865). The Amendment was rejected by Kentucky on February 24, 1865, and by Mississippi on December 2, 1865.

Amendment XIV.

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.

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.

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.

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 the power to enforce, by appropriate legislation, the provisions of

this article.

The Fourteenth Amendment5 was proposed by Congress on June 13, 1866 when it passed the House,6 having previously passed the Senate on June 8.7 It appears officially in 14 Stat. 358 under date of June 16, 1866. Ratification was probably completed on July 9, 1868, when the legislature of the twenty-eighth state (South Carolina or Louisiana) approved the Amendment, there being then thirty-seven states in the Union. However, Ohio and New Jersey had prior to that date “withdrawn” their earlier assent to this Amendment. Accordingly, Secretary of State William Seward on July 20, 1868, certified that the Amendment had become a part of the Constitution if the said withdrawals were ineffective.8 Congress on July 21, 1868, passed a joint resolution declaring the Amendment a part of the Constitution and directing the Secretary to promulgate it as such. On July 28, 1868, Secretary Seward certified without reservation that the Amendment was a part of the Constitution. In the interim, two other states, Alabama on July 13 and Georgia on July 21, 1868, had added their ratifications.

The several state legislatures ratified the Fourteenth Amendment on the following dates: Connecticut, June 30, 1866; New Hampshire, July 7, 1866; Tennessee, July 9, 1866; New Jersey, September 11, 1866 (the New Jersey Legislature on February 20, 1868, “withdrew” its consent to the ratification; the Governor vetoed that bill on March 5, 1868; and it was repassed over his veto on March 24, 1868); Oregon, September 19, 1866 (Oregon “withdrew” its consent on October 15, 1868); Vermont, October 30, 1866; New York, January 10, 1867; Ohio, January 11, 1867 (Ohio “withdrew” its consent on January 15, 1868); Illinois, January 15, 1867; West Virginia, January 16, 1867; Michigan, January 16, 1867; Kansas, January 17, 1867; Minnesota, January 17, 1867; Maine, January 19, 1867; Nevada, January 22, 1867; Indiana, January 23, 1867; Missouri, January 26, 1867 (date on which it was certified by the Missouri secretary of state); Rhode Island, February 7, 1867; Pennsylvania, February 12, 1867; Wisconsin, February 13, 1867 (actually passed February 7, but was not signed by legislative officers until February 13); Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, March 9, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868; North Carolina, July 2, 1868 (after having rejected the Amendment on December 13, 1866); Louisiana, July 9, 1868 (after having rejected the Amendment on February 6, 1867); South Carolina, July 8, 1868 (after having rejected the Amendment on December 20, 1866); Alabama, July 13, 1868 (date on which it was “approved” by the Governor); Georgia, July 21, 1868 (after having rejected the Amendment on November 9, 1866—Georgia ratified again on February 2, 1870); Virginia, October 8, 1869 (after having rejected the Amendment on January 9, 1867); Mississippi, January 17, 1870; Texas, February 18, 1870 (after having rejected the Amendment on October 27, 1866); Delaware, February 12, 1901 (after having rejected the Amendment February 7, 1867). The Amendment was rejected (and not subsequently ratified) by Kentucky on January 8, 1867. Maryland and California ratified this Amendment in 1959.

Amendment XV.

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.

The Fifteenth Amendment9 was proposed by Congress on February 26, 1869 when it passed the Senate,10 having previously passed the House on February 25.11 It appears officially in 15 Stat. 346 under the date of February 27, 1869. Ratification was probably completed on February 3, 1870, when the legislature of the twenty-eighth state (Iowa) approved the Amendment, there being then thirty-seven states in the Union. However, New York had prior to that date “withdrawn” its earlier assent to this Amendment. Even if this withdrawal were effective, Nebraska’s ratification on February 17, 1870, authorized Secretary of State Hamilton Fish’s certification of March 30, 1870, that the Fifteenth Amendment had become a part of the Constitution.12

The several state legislatures ratified the Fifteenth Amendment on the following dates: Nevada, March 1, 1869; West Virginia, March 3, 1869; North Carolina, March 5, 1869; Louisiana, March 5, 1869 (date on which it was “approved” by the Governor); Illinois, March 5, 1869; Michigan, March 5, 1869; Wisconsin, March 5, 1869; Maine, March 11, 1869; Massachusetts, March 12, 1869; South Carolina, March 15, 1869; Arkansas, March 15, 1869; Pennsylvania, March 25, 1869; New York, April 14, 1869 (New York “withdrew” its consent to the ratification on January 5, 1870); Indiana, March 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 Fifteenth Amendment on March 1, 1869; it 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 (Kansas had by a defectively worded resolution previously ratified this Amendment on February 27, 1869); Ohio, January 27, 1870 (after having rejected the Amendment on May 4, 1869); Georgia, February 2, 1870; Iowa, February 3, 1870; Nebraska, February 17, 1870; Texas, February 18, 1870; New Jersey, February 15, 1871 (after having rejected the Amendment on February 7, 1870); Delaware, February 12, 1901 (date on which approved by Governor; Delaware had previously rejected the Amendment on March 18, 1869). The Amendment was rejected (and was not subsequently ratified) by Kentucky, Maryland, and Tennessee. California ratified this Amendment in 1962 and Oregon in 1959.

Notes
  1. Amdt13.1 Overview of Thirteenth Amendment, Abolition of Slavery. ↩
  2. CONG. GLOBE, 38th Cong., 2d Sess. 531 (1865). ↩
  3. CONG. GLOBE, 38th Cong., 1st Sess. 1940 (1865). ↩
  4. 13 Stat. 774. ↩
  5. Amdt14.1 Overview of Fourteenth Amendment, Equal Protection and Rights of Citizens. ↩
  6. CONG. GLOBE, 39th Cong., 1st Sess. 3148, 3149 (1866). ↩
  7. Id. at 3042. ↩
  8. 15 Stat. 706–07. ↩
  9. Amdt15.1 Overview of Fifteenth Amendment, Right of Citizens to Vote. ↩
  10. CONG. GLOBE, 40th Cong., 3d Sess. 1641 (1869). ↩
  11. Id. at 1563–64. ↩
  12. 16 Stat. 1131. ↩

Intro.3.5 Early Twentieth Century Amendments (Sixteenth Through Twenty-Second Amendments)

Brackets enclosing an amendment number indicate that the number was not specifically assigned in the resolution proposing the amendment.

Amendment XVI.

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.

The Sixteenth Amendment1 was proposed by Congress on July 12, 1909 when it passed the House,2 having previously passed the Senate on July 5.3 It appears officially in 36 Stat. 184. Ratification was completed on February 3, 1913, when the legislature of the thirty-sixth state (Delaware, Wyoming, or New Mexico) approved the Amendment, there being then forty-eight states in the Union. On February 25, 1913, Secretary of State Henry Knox certified that this Amendment had become a part of the Constitution.4

The several state legislatures ratified the Sixteenth Amendment on the following dates: 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 27, 1911; Indiana, January 30, 1911; California, January 31, 1911; Nevada, January 31, 1911; South Dakota, February 1, 1911; Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado, February 15, 1911; North Dakota, February 17, 1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Kansas, March 2, 1911; Missouri, March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911; Arkansas, April 22, 1911 (after having rejected the Amendment at the session begun January 9, 1911); Wisconsin, May 16, 1911; New York, July 12, 1911; Arizona, April 3, 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; New Jersey, February 4, 1913; Vermont, February 19, 1913; Massachusetts, March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the Amendment on March 2, 1911). The Amendment was rejected (and not subsequently ratified) by Connecticut, Rhode Island, and Utah.

Amendment [XVII.]

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.

The Seventeenth Amendment5 was proposed by Congress on May 13, 1912 when it passed the House,6 having previously passed the Senate on June 12, 1911.7 It appears officially in 37 Stat. 646. Ratification was completed on April 8, 1913, when the thirty-sixth state (Connecticut) approved the Amendment, there being then forty-eight states in the Union. On May 31, 1913, Secretary of State William Bryan certified that it had become a part of the Constitution.8

The several state legislatures ratified the Seventeenth Amendment on the following dates: 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; 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; Maine, February 20, 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; Louisiana, June 5, 1914. The Amendment was rejected by Utah on February 26, 1913.

Amendment [XVIII.]

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.

The Eighteenth Amendment9 was proposed by Congress on December 18, 1917 when it passed the Senate,10 having previously passed the House on December 17.11 It appears officially in 40 Stat. 1059. Ratification was completed on January 16, 1919, when the thirty-sixth state approved the Amendment, there being then forty-eight states in the Union. On January 29, 1919, Acting Secretary of State Frank Polk certified that this amendment had been adopted by the requisite number of states.12 By its terms this Amendment did not become effective until one year after ratification.

The several state legislatures ratified the Eighteenth Amendment on the following dates: Mississippi, January 8, 1918; Virginia, January 11, 1918; Kentucky, January 14, 1918; North Dakota, January 28, 1918 (date on which approved by Governor); 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 9, 1918 (date on which approved by Governor); Florida, November 27, 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; Illinois, January 14, 1919; Indiana, 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; Minnesota, January 17, 1919; Wisconsin, January 17, 1919; New Mexico, January 20, 1919; Nevada, January 21, 1919; Pennsylvania, February 25, 1919; New Jersey, March 9, 1922; New York, January 29, 1919; Vermont, January 29, 1919.

Amendment [XIX.]

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 sex.

Section 2

Congress shall have power to enforce this article by appropriate legislation.

The Nineteenth Amendment13 was proposed by Congress on June 4, 1919 when it passed the Senate,14 having previously passed the House on May 21.15 It appears officially in 41 Stat. 362. Ratification was completed on August 18, 1920, when the thirty-sixth state (Tennessee) approved the amendment, there being then forty-eight states in the Union. On August 26, 1920, Secretary of State Bainbridge Colby certified that it had become a part of the Constitution.16

The several state legislatures ratified the Nineteenth Amendment on the following dates: Illinois, June 10, 1919 (readopted 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 (date on which approved by Governor); Missouri, July 3, 1919; Arkansas, July 28, 1919; Montana, August 2, 1919 (date on which approved by Governor); Nebraska, August 2. 1919; Minnesota, September 8, 1919; New Hampshire, September 10, 1919 (date on which approved by Governor); Utah, October 2, 1919; California, November 1, 1919; Maine, November 5, 1919; North Dakota, December 1, 1919; South Dakota, December 4, 1919 (date on which certified); Colorado, December 15, 1919 (date on which approved by Governor); 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 (date on which approved by Governor); Oklahoma, February 28, 1920; West Virginia, March 10, 1920 (confirmed September 21, 1920); Washington, March 22, 1920; Tennessee, August 18, 1920; Vermont, February 8, 1921. The Amendment was rejected by Georgia on July 24, 1919; by Alabama, on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920. This Amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970.

Amendment [XX.]

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 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 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.

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.

The Twentieth Amendment17 was proposed by Congress on March 2, 1932 when it passed the Senate,18 having previously passed the House on March 1.19 It appears officially in 47 Stat. 745. Ratification was completed on January 23, 1933, when the thirty-sixth state approved the Amendment, there being then forty-eight states in the Union. On February 6, 1933, Secretary of State Henry Stimson certified that it had become a part of the Constitution.20

The several state legislatures ratified the Twentieth Amendment on the following dates: 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 3, 1933; North Carolina, January 5, 1933; North Dakota, January 9, 1933; Minnesota, January 12, 1933; Arizona, January 13, 1933; Montana, January 13, 1933; Nebraska, January 13, 1933; Oklahoma, January 13, 1933; Kansas, January 16, 1933; Oregon, January 16, 1933; Delaware, January 19, 1933; Washington, January 19, 1933; Wyoming, January 19, 1933; Iowa, January 20, 1933; South Dakota, January 20, 1933; Tennessee, January 20, 1933; Idaho, January 21, 1933; New Mexico, January 21, 1933; Georgia, January 23, 1933; Missouri, January 23, 1933; Ohio, January 23, 1933; Utah, January 23, 1933; Colorado, January 24, 1933; Massachusetts, January 24, 1933; Wisconsin, 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.

Amendment [XXI.]

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.

The Twenty-First Amendment21 was proposed by Congress on February 20, 1933 when it passed the House,22 having previously passed the Senate on February 16.23 It appears officially in 47 Stat. 1625. Ratification was completed on December 5, 1933, when the thirty-sixth state (Utah) approved the Amendment, there being then forty-eight states in the Union. On December 5, 1933, Acting Secretary of State William Phillips certified that it had been adopted by the requisite number of states.24

The several state conventions ratified the Twenty-first Amendment on the following dates: 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; Indiana, June 26, 1933; Massachusetts, 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; Maine, December 6, 1933; Montana, August 6, 1934. The Amendment was rejected by a convention in the State of South Carolina, on December 4, 1933. The electorate of the State of North Carolina voted against holding a convention at a general election held on November 7, 1933.

Amendment [XXII.]

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 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.

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.

The Twenty-Second Amendment25 was proposed by Congress on March 24, 1947 having passed the House on March 21, 1947,26 having previously passed the Senate on March 12, 1947.27 It appears officially in 61 Stat. 959. Ratification was completed on February 27, 1951, when the thirty-sixth state (Minnesota) approved the Amendment, there being then forty-eight states in the Union. On March 1, 1951, Jess Larson, Administrator of General Services, certified that it had been adopted by the requisite number of states.28

A total of forty-one state legislatures ratified the Twenty-Second Amendment on the following dates: 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, 1915; Tennessee, February 20, 1951; Texas, February 22, 1951; Utah, February 26, 1951; Nevada, February 26, 1951; Minnesota, February 27, 1951; North Carolina, February 28, 1951; South Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16, 1951; and Alabama, May 4, 1951.

Notes
  1. Amdt16.1 Overview of Sixteenth Amendment, Income Tax. ↩
  2. 44 CONG. REC., 61st Cong., 1st Sess. 4390, 4440–41 (1909). ↩
  3. Id. at 4121. ↩
  4. 37 Stat. 1785. ↩
  5. Amdt17.1 Overview of Seventeenth Amendment, Popular Election of Senators. ↩
  6. 48 CONG. REC., 62d Cong., 2d Sess. 6367 (1912). ↩
  7. 47 CONG. REC., 62d Cong., 1st Sess. 1925 (1911). ↩
  8. 38 Stat. 2049. ↩
  9. Amdt18.1 Overview of Eighteenth Amendment, Prohibition of Alcohol. ↩
  10. CONG. REC., 65th Cong., 2d Sess. 478 (1917). ↩
  11. Id. at 470. ↩
  12. 40 Stat. 1941. ↩
  13. Amdt19.1 Overview of Nineteenth Amendment, Women’s Voting Rights. ↩
  14. CONG. REC., 66th Cong., 1st Sess. 635 (1919). ↩
  15. Id. at 94. ↩
  16. 41 Stat. 1823. ↩
  17. Amdt20.S1.1 Presidential and Congressional Terms. ↩
  18. CONG. REC. (72d Cong., 1st Sess.) 5086. ↩
  19. Id. at 5027. ↩
  20. 47 Stat. 2569. ↩
  21. Amdt21.S1.1 Repeal of Prohibition. ↩
  22. CONG. REC. (72d Cong., 2d Sess.) 4516. ↩
  23. Id. at 4231. ↩
  24. 48 Stat. 1749. ↩
  25. Amdt22.1 Overview of Twenty-Second Amendment, Presidential Term Limits. ↩
  26. CONG. REC. (80th Cong., 1st Sess.) 2392. ↩
  27. Id. at 1978. ↩
  28. 16 Fed. Reg. 2019. ↩

Intro.3.6 Post-War Amendments (Twenty-Third Through Twenty-Seventh Amendments)

Brackets enclosing an amendment number indicate that the number was not specifically assigned in the resolution proposing the amendment.

Amendment [XXIII.]

Section 1

The District constituting the seat of Government of the United States shall appoint in such

manner as the 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.

The Twenty-Third Amendment1 was proposed by Congress on June 16, 1960 when it passed the Senate,2 having previously passed the House on June 14.3 It appears officially in 74 Stat. 1057. Ratification was completed on March 29, 1961, when the thirty-eighth state (Ohio) approved the Amendment, there being then fifty states in the Union. On April 3, 1961, John L. Moore, Administrator of General Services, certified that it had been adopted by the requisite number of states.4

The several state legislatures ratified the Twenty-Third Amendment on the following dates: 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 6, 1961; Colorado, February 8, 1961; Washington, February 9, 1961; West Virginia, February 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; Ohio, March 29, 1961; and New Hampshire, March 30, 1961.

Amendment [XXIV.]

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.

Section 2

The Congress shall have power to enforce this article by appropriate legislation.

The Twenty-Fourth Amendment5 was proposed by Congress on September 14, 1962, having passed the House on August 27, 1962.6 and having previously passed the Senate on March 27, 1962.7 It appears officially in 76 Stat. 1259. Ratification was completed on January 23, 1964, when the thirty-eighth state (South Dakota) approved the Amendment, there being then fifty states in the Union. On February 4, 1964, Bernard L. Boutin, Administrator of General Services, certified that it had been adopted by the requisite number of states.8 President Lyndon B. Johnson signed this certificate.

Thirty-eight state legislatures ratified the Twenty-Fourth Amendment on the following dates: 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; Michigan, February 20, 1963; Utah, February 20, 1963; Colorado, February 21, 1963; Minnesota, February 27, 1963; Ohio, 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 16, 1963; Kentucky, June 27, 1963; Maine, January 16, 1964; South Dakota, January 23, 1964.

Amendment [XXV.]

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.

The Twenty-Fifth Amendment9 was proposed by the Eighty-Ninth Congress by Senate Joint Resolution No. 1, which was approved by the Senate on February 19, 1965, and by the House of Representatives, in amended form, on April 13, 1965. The House of Representatives agreed to a Conference Report on June 30, 1965, and the Senate agreed to the Conference Report on July 6, 1965. It was declared by the Administrator of General Services, on February 23, 1967, to have been ratified.

This Amendment was ratified by the following states: 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; Washington, January 26, 1967; Iowa, January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10, 1967; Nevada, February 10, 1967; 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.

Publication of the certifying statement of the Administrator of General Services that the Amendment had become valid was made on February 25, 1967.10

Amendment [XXVI.]

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.

The Twenty-Sixth Amendment11 was proposed by Congress on March 23, 1971, upon passage by the House of Representatives, the Senate having previously passed an identical resolution on March 10, 1971. It appears officially in 85 Stat. 825. Ratification was completed on July 1, 1971, when action by the legislature of the thirty-eighth state, North Carolina, was concluded, and the Administrator of the General Services Administration officially certified it to have been duly ratified on July 5, 1971.12

As of the publication of this volume, forty-two states had ratified this Amendment: 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; Virginia, July 8, 1971; Wyoming, July 8, 1971; Georgia, October 4, 1971.

Amendment [XXVII.]

No law, varying the compensation for the services of the Senators and Representatives, shall

take effect, until an election of Representatives shall have intervened.

The Twenty-Seventh Amendment13 was proposed by Congress on September 25, 1789 when it passed the Senate, having previously passed the House on September 24.14 It appears officially in 1 Stat. 97. Having received in 1789–1791 only six state ratifications, the proposal then failed of ratification while ten of the twelve sent to the states by Congress were ratified and proclaimed and became the Bill of Rights. The provision was proclaimed as having been ratified and having become the Twenty-Seventh Amendment, when Michigan ratified on May 7, 1992, there being fifty states in the Union. Proclamation was by the Archivist of the United States, pursuant to 1 U.S.C. § 106b, on May 19, 1992.15 It was also proclaimed by votes of the Senate and House of Representatives.16

The several state legislatures ratified the proposal on the following dates: 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 1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee, May 28, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986; Indiana, February 24, 1986; Utah, February 25, 1986; Arkansas, March 13, 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, May 25, 1989; Kansas, April 5, 1990; Florida, May 31, 1990; North Dakota, Mary 25, 1991; Alabama, May 5, 1992; Missouri, May 5, 1992; Michigan, May 7, 1992. New Jersey subsequently ratified on May 7, 1992.

Notes
  1. Amdt23.1 Overview of Twenty-Third Amendment, District of Columbia Electors. ↩
  2. CONG. REC. (86th Cong., 2d Sess.) 12858. ↩
  3. Id. at 12571. ↩
  4. 26 Fed. Reg. 2808. ↩
  5. Amdt24.1 Overview of Twenty-Fourth Amendment, Abolition of Poll Tax. ↩
  6. CONG. REC. (87th Cong., 2d Sess.) 17670. ↩
  7. Id. at 5105. ↩
  8. 25 Fed. Reg. 1717. ↩
  9. Amdt25.1 Overview of Twenty-Fifth Amendment, Presidential Vacancy. ↩
  10. F.R. Doc 67-2208, 32 Fed. Reg. 3287. ↩
  11. Amdt26.1 Overview of Twenty-Sixth Amendment, Reduction of Voting Age. ↩
  12. 36 Fed. Reg. 12725. ↩
  13. Amdt27.1 Overview of Twenty-Seventh Amendment, Congressional Compensation. ↩
  14. 1 ANNALS OF CONG. 88, 913. ↩
  15. F.R.Doc. 92-11951, 57 Fed. Reg. 21,187. ↩
  16. 138 CONG. REC. S6948-49, H3505-06 (daily ed.). ↩

Intro.3.7 Proposed Amendments Not Ratified by the States

During the course of our history, in addition to the twenty-seven Amendments which have been ratified by the required three-fourths of the states, six other amendments have been submitted to the states but have not been ratified by them.

Beginning with the proposed Eighteenth Amendment, Congress has customarily included a provision requiring ratification within seven years from the time of the submission to the states. The Supreme Court in Coleman v. Miller, declared that the question of the reasonableness of the time within which a sufficient number of states must act is a political question to be determined by Congress.1

In 1789, at the time of the submission of the Bill of Rights, twelve proposed Amendments were submitted to the states. Of these, Articles III–XII were ratified and became the first ten amendments to the Constitution. Proposed Articles I and II were not ratified with these ten, but, in 1992, Article II was proclaimed as ratified, 203 years later. The following is the text of proposed Article I:

ARTICLE I. After the first enumeration required by the first article of the Constitution,

there shall be one Representative for every thirty thousand, until the number shall

amount to one hundred, after which the proportion shall be so regulated by Congress,

that there shall be not less than one hundred Representatives, nor less than one

Representative for every forty thousand persons, until the number of Representatives

shall amount to two hundred; after which the proportion shall be so regulated by

Congress, that there shall not be less than two hundred Representatives, nor more

than one Representative for every fifty thousand persons.

Thereafter, in the 2d session of the 11th Congress, the Congress proposed the following amendment to the Constitution relating to acceptance by citizens of the United States of titles of nobility from any foreign government.

The proposed amendment which was not ratified by three-fourths of the states reads as follows:

Resolved by the Senate and House of Representatives of the United States of America in

Congress assembled (two-thirds of both Houses concurring), That the following section

be submitted to the legislatures of the several states, which, when ratified by the

legislatures of three fourths of the states, shall be valid and binding, as a part of the

constitution of the United States.

If any citizen of the United States shall accept, claim, receive or retain any title of

nobility or honour, or shall, without the consent of Congress, accept and retain any

present, pension, office or emolument of any kind whatever, from any emperor, king,

prince or foreign power, such person shall cease to be a citizen of the United States, and

shall be incapable of holding any office of trust or profit under them, or either of them.

During the second session of the 36th Congress on March 2, 1861, the following proposed amendment to the Constitution relating to slavery was signed by the President. The President’s signature is considered unnecessary because of the constitutional provision that upon the concurrence of two-thirds of both Houses of Congress the proposal shall be submitted to the states and shall be ratified by three-fourths of the states.

Resolved by the Senate and House of Representatives of the United States of America in

Congress assembled, That the following article be proposed to the Legislatures of the

several States as an amendment to the Constitution of the United States, which, when

ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes,

as part of the said Constitution, viz:

ARTICLE THIRTEEN

No amendment shall be made to the Constitution which will authorize or give to

Congress the power to abolish or interfere, within any State, with the domestic

institutions thereof, including that of persons held to labor or service by the laws of

said State.

In more recent times, only three proposed amendments have not been ratified by three-fourths of the states. The first is the proposed child-labor amendment, which was submitted to the states during the 1st session of the 68th Congress in June 1924, as follows:

JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES

Resolved by the Senate and House of Representatives of the United States of America in

Congress assembled (two-thirds of each House concurring therein), That the following

article is proposed as an amendment to the Constitution of the United States, which

when ratified by the legislatures of three-fourths of the several States, shall be valid to

all intents and purposes as a part of the Constitution:

ARTICLE

SECTION 1. The Congress shall have power to limit, regulate, and prohibit the labor of

persons under 18 years of age.

SECTION 2. The power of the several States is unimpaired by this article except that the

operation of State laws shall be suspended to the extent necessary to give effect to

legislation enacted by the Congress.

The second proposed amendment to have failed of ratification is the Equal Rights Amendment, which formally died on June 30, 1982, after a disputed congressional extension of the original seven-year period for ratification.

HOUSE JOINT RESOLUTION 208

Proposing an amendment to the Constitution of the United States relative to equal

rights for men and women.

Resolved by the Senate and House of Representatives of the United States of America in

Congress assembled (two-thirds of each House concurring therein), That

The following article is proposed as an amendment to the Constitution of the United

States, which shall be valid to all intents and purposes as part of the Constitution

when ratified by the legislatures of three-fourths of the several States within seven

years from the date of its submission by the Congress:

SECTION 1. Equality of rights under the law shall not be denied or abridged by the

United States or by any State on account of sex.

SECTION 2. The Congress shall have the power to enforce, by appropriate legislation, the

provisions of this article.

SECTION 3. This amendment shall take effect two years after the date of ratification.

The third proposed amendment relating to representation in Congress for the District of Columbia failed of ratification, sixteen States having ratified as of the 1985 expiration date for the ratification period.

HOUSE JOINT RESOLUTION 554

Resolved by the Senate and House of Representatives of the United States of America in

Congress assembled (two-thirds of each House concurring therein), That the following

article is proposed as an amendment to the Constitution of the United States, which

shall be valid to all intents and purposes as part of the Constitution when ratified by

the legislatures of three-fourths of the several States within seven years from the date

of its submission by the Congress:

ARTICLE

SECTION 1. For purposes of representation in the Congress, election of the President and

Vice President, and article V of this Constitution, the District constituting the seat of

government of the United States shall be treated as though it were a State.

SEC. 2. The exercise of the rights and powers conferred under this article shall be by the

people of the District constituting the seat of government, and as shall be provided by

the Congress.

SEC. 3. The twenty-third article of amendment to the Constitution of the United States

is hereby repealed.

SEC. 4. 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.

Notes
  1. 307 U.S. 433 (1939). ↩