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An Overview of the 23rd Amendment

An Overview of the 23rd Amendment

What is the 23rd Amendment?


“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 District and perform such other duties as prescribed in the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article using appropriate legislation.”


The 23rd Amendment Defined

Date Proposed

The 23rd Amendment was proposed on June 17th, 1960
Date Passed
The 23rd Amendment was passed March 29th, 1961

President of the United States

John F. Kennedy was the President of the United States during the ratification of the 23rd Amendment

Stipulations of the 23rd Amendment

The 23rd Amendment allows the residents of Washington D.C. – the District of Columbia – the right to vote for members of the Electoral College with regard to Presidential elections
Before the 23rd Amendment was passed, residents of the District of Columbia lacked representation in the Electoral College – the body of representatives elected by their respective state in order illustrate voting results in presidential elections
Subsequent to the ratification of the 23rd Amendment, Washington D.C. was granted representation in the Electoral College
The 23rd Amendment implements a statute in which the least populated state to be restricted to 3 representatives present in the Electoral College proceedings
23rd Amendment Facts
Washington D.C. – both the district, as well as the residents – is absent of Congressional representation
States Ratifying the 23rd Amendment

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Florida
10. Georgia
11. Hawaii
12. Idaho
13. Illinois
14. Indiana
15. Iowa
16. Kansas
17. Kentucky
18. Louisiana
19. Maine
20. Maryland
21. Massachusetts
22. Michigan
23. Minnesota
24. Mississippi
25. Missouri
26. Montana
27. Nebraska
28. Nevada
29. New Hampshire
30. New Jersey
31. New Mexico
32. New York
33. North Carolina
34. North Dakota
35. Ohio
36. Oklahoma
37. Oregon
38. Pennsylvania
39. Rhode Island
40. South Carolina
41. South Dakota
42. Tennessee
43. Texas
44. Utah
45. Vermont
46. Virginia
47. Washington
48. West Virginia
49. Wisconsin
50. Wyoming


States Not Participatory in the Ratification of the 23rd Amendment
1. Florida
2. Georgia
3. Kentucky
4. Louisiana
5. Mississippi
6. North Carolina
7. South Carolina
8. Texas
9. Virginia


Statutes Associated with the 23rd Amendment
Due to the fact that Wyoming is granted 3 electoral votes due to the apportionment based on the size of its population, the statute expressed in the 23rd Amendment granting only 3 electoral representatives to the least populated state – Wyoming – doubly limits Wyoming to 3 representatives.

An Overview of the 25th Amendment

An Overview of the 25th Amendment

What is the 25th Amendment?


“Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”


The 25th Amendment Defined


Date Proposed

The 25th Amendment was proposed on July 6th, 1965
Date Passed

The 25th Amendment was passed on February 10th, 1967
President of the United States

Lyndon B. Johnson was the President of the United States during the ratification of the 25th Amendment

Stipulations of the 25th Amendment
The 25thAmendment addresses the procedure undertaken in the event that a President of the United States is no longer able to carry out service with regard to the Office of Presidency
This Amendment addresses the method undertaken in the event that the replacement – or adjustment – of the appointment of the President serving at the time is necessary; such circumstances may involve illness, removal, impeachment, or the death of a President
The 25th Amendment states that in the event that an acting President is no longer able to serve, the acting Vice President will assume any or all presidential duties
25th Amendment Facts
Subsequent to the ratification of the 25th Amendment, many lobbyists and politicians alike found the preexisting protocol with regard to ad-hoc appointment to a vacant presidential seat to be vague
William Henry Harrison was the first President to die while in office; Vice President John Tyler assumed the position of presidency subsequent to Harrison’s death
4 Presidents have been assassinated while in office – Abraham Lincoln, James Garfield, William McKinley, and John F. Kennedy; 4 Presidents have died from illness while in office – William Henry Harrison, Zachary Taylor, Warren Harding, and Franklin Delano Roosevelt
The office of the Vice President has been temporarily empty approximately 16 times since the presidency of George Washington; this emptiness has been a result of death, removal, or dismissal
States Ratifying the 25th Amendment

1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Florida
10. Hawaii
11. Idaho
12. Illinois
13. Indiana
14. Iowa
15. Kansas
16. Kentucky
17. Louisiana
18. Maine
19. Maryland
20. Massachusetts
21. Michigan
22. Minnesota
23. Mississippi
24. Missouri
25. Montana
26. Nebraska
27. Nevada
28. New Hampshire
29. New Jersey
30. New Mexico
31. New York
32. North Carolina
33. Ohio
34. Oklahoma
35. Oregon
36. Pennsylvania
37. Rhode Island
38. South Dakota
39. Tennessee
40. Texas
41. Utah
42. Vermont
43. Virginia
44. Washington
45. West Virginia
46. Wisconsin
47. Wyoming
States Not Participatory in the Ratification of the 25th Amendment
1. Georgia
2. North Dakota
3. South Carolina


Statutes Associated with the 25th Amendment
The Amendment replaced the previous legislature exiting within Article 2, Section 1, Clause 6 of the Constitution of the United States – legislation considered to be both vague and ambiguous with regard to the expressed protocol:
“In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”(Article 2, Section 1, Clause 6)

An Overview of the 26th Amendment

An Overview of the 26th Amendment

What is the 26th Amendment?
“Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. “The Congress shall have the power to enforce this article by appropriate legislation.”
The 26th Amendment Defined
 
 
Date Proposed
 
The 26th Amendment was passed on March 23rd, 1971
Date Passed
 
The 26th Amendment was passed on July 7th, 1971
President of the United States
 
Richard Nixon was the President of the United States during the ratification of the 26th Amendment
 
Stipulations of the 26th Amendment
 
The 26th Amendment was a Congressional activation of the adjustment of the voting age within the United States of America; this Amendment allowed for the national voting age to be adjusted to 18 years of age
The 26th Amendment allowed for the institution of a nation voting age in lieu of the preexisting statutes, which allowed for the variance in the legal voting age taking place on a state-by-state basis
 
26th Amendment Facts
 
Prior to the passing of the Amendment, President Nixon had passed the Voting Rights Act of 1965, which had allowed for the national voting age with regard to Federal and State elections to be set at a mandatory 18 years of age; however, only after its ratification did the 26th Amendment become Constitutional legislature
Upon President Eisenhower addressing the nation in his State of the Union address in 1954, he introduced the elimination of the refusal of suffrage with regard to age parameters
Prior to the passing of the 26th Amendment, only 4 states allowed individuals under 21 years of age the right to vote
States Ratifying the 26th Amendment
 
1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Georgia
10. Hawaii
11. Idaho
12. Illinois
13. Indiana
14. Iowa
15. Kansas
16. Louisiana
17. Maine
18. Maryland
19. Massachusetts
20. Michigan
21. Minnesota
22. Missouri
23. Montana
24. Nebraska
25. New Hampshire
26. New Jersey
27. New York
28. North Carolina
29. Ohio
30. Oklahoma
31. Oregon
32. Pennsylvania
33. Rhode Island
34. South Carolina
35. Tennessee
36. Texas
37. Vermont
38. Virginia
39. Washington
40. West Virginia
41. Wisconsin
42. Wyoming
 
 
States Not Participatory in the Ratification of the26th Amendment
1. Florida
2. Kentucky
3. Mississippi
4. Nevada
5. New Mexico
6. North Dakota
7. South Dakota
8. Utah
Court Cases Associated with the 26th Amendment
Oregon v. Mitchell (1970) – this court case took place in the wake of the Vietnam War; the proceedings resulted in the Supreme Court revoking the permission granted to individual states to determine their respective voting age(s)

What are the Constitutional Amendments?

What are the Constitutional Amendments?What are Constitutional Amendments?

Although the Constitution of the United States is considered to be the foremost piece of legislature with regard to the implementation and authorization of legality and lawfulness within the United States; upon its creation, the Constitution of the United States not only outlined a framework for a legislative system, but also an identifiable statute with regard to alterations, adjustments, and modifications to the original text:

The Founding Fathers had instated a procedure for the adjoining of subsequent Constitutional Amendments in order to bestow in it a quality allowing it to avoid irrelevance

The Founding Fathers had understood that as the United States underwent progression, innovation, and an invariable paradigm shift, certain legal statues would require modification

In order to retain the innate framework of the Constitution of the United of the United States while allowing for measures of adjustment and modernization, a policy was implemented with regard to the adoption of future – and potential – Constitutional Amendments

The History of Constitutional Amendments

While James Madison is credited as one of the primary authors of the Constitution, he is primarily credited with the conception of the Bill of Rights. This appointment is due to his concern with regard to an absence of a Constitutional Clause providing the document with a procedural system allowing for both the amendment and adjustment of the original text:

Subsequent to the voicing of his concerns, a Constitutional Clause was created that rectified the a prospective alteration process, which made way for the inclusion of Constitutional Amendments

James Madison’s foresight resulted in the proposal of the Bill of Rights in 1789, in addition to its subsequent ratification in 1791; the Bill of Rights is the moniker given to the first 10 Constitutional Amendments passed – they were all passed at the same time

Approving Constitutional Amendments

In order to successfully pass Constitutional Amendments, a process exists that requires a variety of levels of approval and acknowledgement from a variety of legislative bodies:

Step 1: Passing a Constitutional Amendment

Congress must approve of the proposed Constitutional Amendments through a vote illustrating a 2/3rd’s majority – this applicable for both the House of Representatives, as well as the Senate

Individual state legislation will be required to convene; only after a 2/3rd’s majority vote will the Constitutional Amendments proposed move to the next step of the approval process

Step 2: Passing a Constitutional Amendment

Subsequent to the completion of the first step, the ratification – or adoption – process will be required to take place; this approval process may take place in ONE of the following TWO methods:

Method #1: Within each of the individual states participatory in the approval of the proposed Constitutional Amendments, a 3/4th’s majority vote of approval must result

OR

Method #2: With regard to the individual states participatory within the previous approval process, each state must conduct a convention during which time that state’s Constitution is amended in order to reflect the adoption of the proposed Constitutional Amendments – this majority approval must occur as a 3/4th’s majority

An Overview of the 19th Amendment

An Overview of the 19th Amendment

What is the 19th Amendment?

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.”
The 19th Amendment Defined
Date Proposed


The 19th Amendment was proposed on June 4th, 1919
Date Passed

The 19th Amendment was passed on August 18th, 1920

President of the United States

Woodrow Wilson was the President of the United States during the ratification of the 19th Amendment


Stipulations of the 19th Amendment

The 19th Amendment overturns preexisting stipulations that deny citizens of the United States the right to vote on the basis of gender; this amendment granted female citizens of the United States the right to vote
The 19th Amendment provided this adjustment to take place on a national level in lieu of individual state Constitutions
19th Amendment Facts
The 19th Amendment was constructed by two well-known social activists named Elizabeth Cady Stanton and Susan B. Anthony; these women are considered to be amongst those at the forefront of the Women’s Suffrage Movement
The 19th Amendment was initially drafted in 1873; in the year 1919, the amendment was ratified

States Ratifying the 19th Amendment
1. Alabama
2. Alaska
3. Arizona
4. Arkansas
5. California
6. Colorado
7. Connecticut
8. Delaware
9. Florida
10. Georgia
11. Hawaii
12. Idaho
13. Illinois
14. Indiana
15. Iowa
16. Kansas
17. Kentucky
18. Louisiana
19. Maine
20. Maryland
21. Massachusetts
22. Michigan
23. Minnesota
24. Mississippi
25. Missouri
26. Montana
27. Nebraska
28. Nevada
29. New Hampshire
30. New Jersey
31. New Mexico
32. New York
33. North Carolina
34. North Dakota
35. Ohio
36. Oklahoma
37. Oregon
38. Pennsylvania
39. Rhode Island
40. South Carolina
41. South Dakota
42. Tennessee
43. Texas
44. Utah
45. Vermont
46. Virginia
47. Washington
48. West Virginia
49. Wisconsin
50. Wyoming


Court Cases Associated with the 19th Amendment
Leser v. Garnett (1922) – this court case brought forth by Oscar Leser who wished to dispute the decision to allow women the right to vote; upon referencing the 15th Amendment, which removed statutes denying suffrage based on race, the Supreme Court dismissed the case.

An Overview of the 20th Amendment

An Overview of the 20th Amendment

What is the 20th Amendment?

“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 20th Amendment Defined


Date Proposed
The 20th Amendment was proposed on March 2nd, 1932
Date Passed
The 20th Amendment was passed on January 23rd, 1933
President of the United States
Herbert Hoover was the President of the United States during the ratification of the 20th Amendment


Stipulations of the 20th Amendment
The 20th Amendment illustrates the statutes with regard to the terms of service undertaken by elected officials within the Federal Government – this includes the President, Vice President, and members of Congress
The text of the 20th Amendment mandates that Presidential – and Vice Presidential – term endings were moved from March to January 20th subsequent to the previous election
The text of the 20th Amendment mandates that Congressional terms – consisting of the House of Representative, as well as the Senate – were adjusted to end on January 3rd at noon
Congress is required to meet – at least one time – on an annual basis; this meeting time is expressed as sharing the same day as the ending of Congressional terms
In the event of the death of the President of the United States, the Vice President will assume the position of presidency; Presidential-elects who die in an untimely fashion – prior to the beginning of their expected term – may be replaced by the Vice President-elect
The Electoral College is granted priority with regard to the selection process of the replacement Presidential candidate


20th Amendment Facts
The 20th Amendment allows for Congress to appoint a replacement for a deceased presidential elect in the event that the Vice President-elect has not received approval or the Electoral college has proven to be unable to make a decision
The House of Representatives may be responsible for the appointment of the President – the Senate may be responsible for the appointment of the Vice President


States Ratifying the 20th Amendment
1. Alabama
2. Arizona
3. Arkansas
4. California
5. Colorado
6. Connecticut
7. Delaware
8. Florida
9. Georgia
10. Idaho
11. Illinois
12. Indiana
13. Iowa
14. Kansas
15. Kentucky
16. Louisiana
17. Maine
18. Maryland
19. Massachusetts
20. Michigan
21. Minnesota
22. Mississippi
23. Missouri
24. Montana
25. Nebraska
26. Nevada
27. New Hampshire
28. New Jersey
29. New Mexico
30. New York
31. North Carolina
32. North Dakota
33. Ohio
34. Oklahoma
35. Oregon
36. Pennsylvania
37. Rhode Island
38. South Carolina
39. South Dakota
40. Tennessee
41. Texas
42. Utah
43. Vermont
44. Virginia
45. Washington
46. West Virginia
47. Wisconsin
48. Wyoming

Statutes Associated with the 20th Amendment
Article 1, Section 4, Clause 2 of the Constitution initially addressed the applicable terms of Presidential candidates and Congressional members:
“The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.”(Article 1, Section4, Clause 2)

An Overview of the 27th Amendment

An Overview of the 27th Amendment

What is the 27th Amendment?

 

 

 

“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 27th Amendment Defined

 

 

Date Proposed

 

 

The 27th Amendment was first proposed on September 25th, 1789

 

 

Date Passed

 

 

The 27th Amendment was passed May 7th, 1992

 

 

President of the United States

 

 

Bill Clinton was the President of the United States during the ratification of the 27th Amendment

 

 

Stipulations of the 27th Amendment

 

 

The 27th Amendment is the most recent constitutional amendment passed; as of 2011, there have been 27 Constitutional Amendments passed with regard to the Constitution of the United States of America

 

 

The 27th Amendment addresses the salary rate of members of Congress, which is comprised of a bicameral legislature – the Senate and the House of Representatives

 

 

The 27th Amendment stipulates that members of the Congress are not permitted to adjust their respective wage earnings in the middle of a term; in the event of a proposed wage adjustment, members of Congress must address any or all concerns with regard to wage adjustment prior to the starting of a new Congressional term

 

 

27th Amendment Facts

 

 

The 27th Amendment has never been cited within a Supreme Court Hearing

 

 

The 27th Amendment addresses the adjustment of costs of living with regard to inflation

 

 

The 27th Amendment is considered to be the Constitutional Amendment with the longest duration of time between the initial proposal and subsequent ratification; the 22nd Amendment is considered to maintain the second-longest duration of 4 years between proposal and passing

 

 

States Ratifying the 27th Amendment

 

 

1. Alabama

 

 

2. Alaska

 

 

3. Arizona

 

 

4. Arkansas

 

 

5. California

 

 

6. Colorado

 

 

7. Connecticut

 

 

8. Delaware

 

 

9. Florida

 

 

10. Georgia

 

 

11. Hawaii

 

 

12. Idaho

 

 

13. Illinois

 

 

14. Indiana

 

 

15. Iowa

 

 

16. Kansas

 

 

17. Kentucky

 

 

18. Louisiana

 

 

19. Maine

 

 

20. Maryland

 

 

21. Michigan

 

 

22. Minnesota

 

 

23. Missouri

 

 

24. Montana

 

 

25. Nevada

 

 

26. New Hampshire

 

 

27. New Jersey

 

 

28. New Mexico

 

 

29. North Carolina

 

 

30. North Dakota

 

 

31. Ohio

 

 

32. Oklahoma

 

 

33. Oregon

 

 

34. Rhode Island

 

 

35. South Carolina

 

 

36. South Dakota

 

 

37. Tennessee

 

 

38. Texas

 

 

39. Utah

 

 

40. Vermont

 

 

41. Virginia

 

 

42. Washington

 

 

43. West Virginia

 

 

44. Wisconsin

 

 

45. Wyoming

 

 

States Not Participatory in the Ratification of the 27th Amendment

 

 

1. Massachusetts

 

 

2. Mississippi

 

 

3. Nebraska

 

 

4. New York

 

 

5. Pennsylvania

 

 

Court Cases Associated with the 27th Amendment

 

 

Coleman v. Miller (1939) – this court case addressed controversy surrounding the Amendment process with regard to the regulation of time elapsed between the initial passing of an amendment and its eventual ratification

 

An Overview of the 16th Amendment

An Overview of the 16th Amendment

What is the 16th Amendment?

“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.”

The16th Amendment Defined
Date Proposed
The 16th Amendment was proposed on July 12th, 1909


Date Passed
The 16th Amendment was passed on February 3rd, 1913
President of the United States

William H. Taft was the President of the United States during the ratification of the 16th Amendment
Stipulations of the 16th Amendment

The United States Constitution (Article 1, Section 8) prohibited the implementation of unapportioned and direct taxation; as a result, the levy of income tax – once permitted to be regulated on a state-level prior to the ratification of the 16th Amendment – was placed under the jurisdiction of the Federal Government
The 16th Amendmentestablished the latent differencesexisting between direct taxes and indirect taxes; the amendment states that certain income tax be considered as an excise, indirect tax. However, taxation with regard to property rental and interest were considered to be direct taxes; as a result, such taxes were moved under the jurisdiction of the Federal Government
The 16th Amendment substantiates that the classification of a tax as ‘direct’ or ‘indirect’ is irrelevant; this amendment states that a Federal income tax can be collected without regard to an individual state’s respective population or gross amount of income
16th Amendment Facts
A Direct Tax is a tax that is collected directly from a governmental body
A flat tax is consistent in its rate; it does not fluctuate
The Revenue Act of 1861, which was passed during the Civil War in order to garner funding for combat, mandated that any or all income exceeding $800 would be subject to a %3 flat tax
The Wilson-Gorman Tariff Act, which was passed in 1894, mandated that any or all income exceeding $4,000 would be liable to undergo a 2% tax

States Ratifying the 16th Amendment

1. Alabama
2. Arizona
3. Arkansas
4. California
5. Colorado
6. Delaware
7. Georgia
8. Idaho
9. Illinois
10. Indiana
11. Iowa
12. Kansas
13. Kentucky
14. Louisiana
15. Maine
16. Maryland
17. Massachusetts
18. Michigan
19. Minnesota
20. Mississippi
21. Missouri
22. Montana
23. Nebraska
24. Nevada
25. New Hampshire
26. New Jersey
27. New Mexico
28. New York
29. North Carolina
30. North Dakota
31. Ohio
32. Oklahoma
33. Oregon
34. South Carolina
35. South Dakota
36. Tennessee
37. Texas
38. Vermont
39. Washington
40. West Virginia
41. Wisconsin
42. Wyoming


States Not Participatory in the Ratification of the 16th Amendment

1. Connecticut
2. Florida
3. Pennsylvania
4. Rhode Island
5. Utah
6. Virginia
Court Cases Associated with the 16th Amendment

Pollock v. Farmers’ Loan & Trust Co. (1895) – a court case involving Massachusetts resident Charles Pollock, who argued that while state-regulated income taxes were considered to be direct taxes, they were not subject to apportionment; as a result, Pollock argued that unapportioned, state-regulated direct taxes were in the direct violation of the Constitution – the Supreme Court ruled in favor of Pollock, which resulted in the proposal of the 16th Amendment
Subsequent to the Supreme Court ruling with regard to Charles Pollock, the 16th Amendment stood to clarify the distinction between presumed indirect and direct taxes.

An Overview of the 17th Amendment

An Overview of the 17th Amendment

What is the 17th Amendment?

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”
The 17th Amendment Defined

Date Proposed

The 17th Amendment was proposed on May 13th, 1912
Date Passed

The 17th Amendment was passed on April 8th, 1913
President of the United States

Woodrow Wilson was the President of the United States during the ratification of the 17th Amendment
Stipulations of the 17th Amendment

· State Legislatures – once responsible for the appointment of Senators prior to the ratification of the 17th Amendment – would be responsible for the appointment of Senatorial candidates with regard to prospective, unoccupied Senatorial positions; the replacement of the temporary candidate is appointed subsequent to public polling
· The 17th Amendment is in direct response to the preexisting statutes conveyed within the United States Constitution; In lieu of the appointment of Senators resulting from elections polling state legislative bodies as stated within Article 1, Section 3, and Clause(s) 1 – 2, the 17th Amendment mandates that Senatorial election result from the polling of the popular vote:
“The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.”(Article 1, Section 3, Section 1)
17th Amendment Facts
In 1919, Arizona was the first state that enacted the election of its respective Senators through popular vote – Arizona received its statehood in the year 1912
By default, states receiving statehood subsequent to the passing of the 17th Amendment have only undergone Senatorial appointment resulting from popular vote(s)
States Ratifying the 17th Amendment

1. Arizona
2. Arkansas
3. California
4. Colorado
5. Connecticut
6. Delaware
7. Idaho
8. Illinois
9. Indiana
10. Iowa
11. Kansas
12. Louisiana
13. Maine
14. Massachusetts
15. Michigan
16. Minnesota
17. Missouri
18. Montana
19. Nebraska
20. Nevada
21. New Hampshire
22. New Jersey
23. New Mexico
24. New York
25. North Carolina
26. North Dakota
27. Ohio
28. Oklahoma
29. Oregon
30. Pennsylvania
31. South Dakota
32. Tennessee
33. Texas
34. Vermont
35. Washington
36. West Virginia
37. Wisconsin
38. Wyoming

States Not Participatory in the Ratification of the 17th Amendment
1. Alabama
2. Florida
3. Georgia
4. Kentucky
5. Maryland
6. Mississippi
7. Rhode Island
8. South Carolina
9. Virginia

Statutes Associated with the 17th Amendment
The 20th Amendment mandates that Senatorial terms – including both legislative bodies that comprise Congress – were adjusted to end on January 3rd at noon; Congress is required to meet – at least one time – on an annual basis; this meeting time is expressed as sharing the same day as the ending of Congressional terms

Eighteenth Amendment (2020 Update) – 18th Amendment

An Overview of the 18th Amendment

What is the 18th 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 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.
Section 4. Cases relating to this question are presented and discussed under Article V.
Enforcement Cases produced by enforcement and arising under the Fourth and Fifth Amendments are considered in the discussion appearing under those Amendments.”
The 18th Amendment Defined
 
Date Proposed
 
The 18th Amendment was proposed on August 1st, 1917
Date Passed
The 18th Amendment was passed on January 16th, 1919
President of the United States
 
Woodrow Wilson was the President of the United States during the ratification of the 18th Amendment
Stipulations of the 18th Amendment
 
The 18th Amendment imposed a legislative statute entitled Prohibition, which limited the consumption of alcohol to a small number of circumstances; however, the ownership, sale, or possession of alcohol was considered to be illegal
The 18th Amendment was due in part to a response from lobbying undertaken by the Temperance Movement – a social activist group promoting the cessation of mass-availability of alcohol within the United States
 
18th Amendment Facts
 
The Volstead Act (The National Prohibition Act), which was a legislative act passed defining and classification alcoholic beverages in the wake of the 18th Amendment, instituted a nationwide prohibition of alcoholic beverages effective January 17th, 1920
Due to the prohibition expressed within the 18th Amendment, clandestine institutions providing the illegal disbursement of alcohol emerged – these operations were commonly referred to as ‘Speakeasies’
 
 
States Ratifying the 18th Amendment
 
1. Alabama
2. Arizona
3. Arkansas
4. California
5. Colorado
6. Delaware
7. Florida
8. Georgia
9. Idaho
10. Illinois
11. Indiana
12. Iowa
13. Kansas
14. Kentucky
15. Louisiana
16. Maine
17. Maryland
18. Massachusetts
19. Michigan
20. Minnesota
21. Mississippi
22. Missouri
23. Montana
24. Nebraska
25. Nevada
26. New Hampshire
27. New Jersey
28. New Mexico
29. New York
30. North Carolina
31. North Dakota
32. Ohio
33. Oklahoma
34. Oregon
35. Pennsylvania
36. South Carolina
37. South Dakota
38. Tennessee
39. Texas
40. Utah
41. Vermont
42. Virginia
43. Washington
44. West Virginia
45. Wisconsin
46. Wyoming
 
 
States Not Participatory in the Ratification of the 18th Amendment
1. Connecticut
2. Rhode Island
 
Statutes Associated with the 18th Amendment
 
The 21st Amendment of the Constitution of the United States served to repeal the 18th Amendment; the 21st Amendment was a direct response to Prohibition – the 21st Amendment allowed for individual state Governments to regulate commercial activity with regard to alcoholic beverages
Understanding The Eighteenth Amendment

The Eighteenth Amendment is the only Amendment to ever have been repealed from the United States Constitution–via the inclusion of the Twenty-First Amendment. The 18th Amendment called for the banning of the manufacture, sale, or transportation of alcoholic beverages. Known as national Prohibition, the Eighteenth Amendment banned “intoxicating liquors” with the exception of those used for religious rites.

It is also the first Amendment to impose a date by which it was to be ratified. If the deadline was not met, the Amendment would be discarded. The ratification of the 18th Amendment was completed on January 16th, 1919 and would take effect on January 17th, 1920.

It is important to note that the 18th Amendment did not prohibit the consumption of alcohol, but rather simply the sale, manufacture, and transportation of alcoholic beverages. As a result of the Temperance Movement, the concept of Prohibition had already been implemented by many states prior to the ratification of the Eighteenth Amendment. Therefore, the 18th Amendment was quickly ratified into law.

The Temperance Movement would prove to become a powerful collection of individuals and factions that would garner a certain political power, which many politicians were afraid to confront. Church groups, the business elite, feminists, and political reformers were moving toward a dry society and began to call for a nation-wide law banning alcoholic substances.

Initially, Senators were against a Prohibition movement but were also reluctant to vehemently vote against it. That is why a deadline was included within the proposal for the Eighteenth Amendment, calling for the ratification to be completed within seven years. However, this provision would not prove to be effective, for forty-four states approved the 18th Amendment in just over a year’s time from its introduction.

The reluctance of the political powers also was reflected in imposing the effect of the Eighteenth Amendment a year from the completion of the ratification process. They did so in order to provide the liquor industry some time to adjust to what would essentially decimate the industry for the following ten years.

The implications of the 18th Amendment proved to be more negative than positive, for the effects took a turn for the worse rather than providing for a “dry” utopia. It was during the Prohibition Era that gave rise to organized crime in the United States, where criminals began to find illegal means to provide for the demand for alcohol. The creation of the mafia and mobsters led to a period of violence that would make the Government evaluate which was the greatest of two evils: alcohol or organized crime factions.

The Volstead Act, a bill that was introduced to provide for the definition of terms used in the Eighteenth Amendment was passed on January 17th, 1920, after Congress overrode the veto by President Wilson. The Volstead Act defined intoxicating liquor as any beverage containing more than 0.5 percent alcohol. Beer and wine would also be banned as a result, which led to much controversy as well.

Further provisions would be enacted as a result of the Eighteenth Amendment, such as the restriction of medicinal liquor prescriptions, allowing searches without warrants in automobiles, and wiretapping of telephones for surveillance of illegal alcohol activity. It was not until 1933 when the overall effects of the 18th Amendment would prove to be more negative than positive, that the 21st Amendment repealed the Eighteenth Amendment completely and removed from Constitutional law.