1. Beyond the Bill of Rights
Amendments 11-27
Amendment Process

2. What came after the Bill of Rights?
Amendments 11-27

3. Eleventh Amendment
1795
States cannot be sued by citizens of another state or nation in federal court
Reason for Amendment:
1793: Two citizens in South Carolina sued Georgia in the Supreme Court over property confiscated during the Revolutionary War
Georgia’s legislature said a sovereign state cannot be sued in federal court and ordered to defend itself
Supreme Court sided with South Carolina because Georgia refused to appear in court
The next day Congress introduced the 11th Amendment to limit jurisdiction of federal courts

4. Twelfth Amendment
1804
Provides for the Electoral College to use separate ballots in voting for the President and Vice President
Reason for Amendment:
Corrected a problem in the original system of electing a president and vice president

5. Civil War Amendments 1865: Thirteenth Amendment
Outlaws slavery
1864: Fourteenth Amendment
Originally intended to protect the rights of freed slaves and their descendants
Today it protects rights of citizenship in general
States cannot deprive anyone of life, liberty, or property without due process
All citizens have the right to equal protection of law in all states
1870: Fifteenth Amendment
Government cannot deny a person the right to vote on the basis of race

6. Sixteenth Amendment 1913 Congress can levy individual income taxes
Reason for Amendment:
Federal government had previously collected income tax
1895: Supreme Court ruled income tax unconstitutional
1895 decision meant income tax laws could not be passed until a constitutional amendment was passed

7. Seventeenth Amendment
1913
People, not state legislatures, elect United States senators
Reason for Amendment:
Previously introduced by Congress
1912 Election: senators were charged with buying votes from their state legislatures so the amendment had enough support to pass

8. Eighteenth Amendment
1919
Prohibition – made it illegal to manufacture, sell, or transport alcoholic beverages
Reason for Amendment:
Abolish the use of liquor that began in the 1830’s
Purify the American people and American society

9. Nineteenth Amendment 1920 Guarantees women the right to vote
Reason for Amendment:
Women had won the right to vote in many state elections
Guaranteed the right to vote in all state and federal elections
Constitutional right

10. Twentieth Amendment
1933
Set a new date for Congress to being its term and for the inauguration of the president and vice president
Reason for Amendment:
Original Constitution had a retired or defeated official remaining in office from November to March
Very long lame duck period
New dates:
Congress: 3rd of January
President and vice president: 20th of January

11. Twenty-first Amendment
1933
Repealed the 18th Amendment (no more prohibition)
Reason for Amendment:
18th Amendment was VERY unsuccessful and unpopular
Banned the transport of alcohol into any state where its possession violated state law

12. Twenty-Second Amendment
1951
Two term limit for presidents
Reason for Amendment:
Reaction to FDR’s four-term presidency

13. Twenty-Third Amendment
1961
Citizens living in Washington, D.C. are allowed to vote for the president and vice president
Reason for Amendment:
Previously the citizens of the capitol were unable to vote in this election
Washington, D.C. now has three electors in the Electoral College (the same number it would have if it were a state)

14. Twenty-Fourth Amendment
1964
Prohibits poll taxes in federal elections
Reason for Amendment:
Some states used poll taxes (fees paid to vote) to keep low-income African Americans from voting

15. Twenty-Fifth Amendment
1967
Succession to the office of president in the event of death or incapacity
Filling vacancies in the office of the vice president
If a president is ill:
President – or vice president with the support of the majority of the Cabinet– can write to the President Pro Tem of the Senate and Speaker of the House – expressing the president’s inability to continue acting as president
Vice President immediately becomes acting president
If there is a conflict between the president and vice president then Congress decides who will perform the duties of the office of president
Reason for Amendment:
Needed a system to ensure the government would continue
Line of succession for office of president is very important

16. Twenty-Sixth amendment
1971
Lowers voting age for federal and state elections to 18
Reason for Amendment:
“Old enough to be drafted, old enough to vote.”

17. Twenty-Seventh Amendment
1992
Congressional pay raises are not effective until the term following the passage of the pay raise
Purpose of Amendment:
Originally proposed in 1789 by James Madison
Lingered in obscurity for over 200 years until discovered by a university student
Accountability

18. Amending the Constitution
Changing Government for a Changing World
Amending the Constitution

19. Amendment Process
Founders knew we would need to change the Constitution as the world changed
Provided a way for states and Congress to amend the Constitution
Article V
Amendments may deal with any topic
Exception: No state can lose equal representation in the Senate without the state’s consent
Two ways to propose and ratify amendments

20. Proposing Amendments First Method: Second Method:
2/3 vote of each chamber of Congress
Only method that has been used to date
Resolutions requesting amendments come in each year
Recent resolutions: income tax limits, limit tenure of Supreme Court justices to 12 years, and giving states complete control over oil deposits within their borders
None have received a 2/3 vote
Second Method:
Congress calls a National Convention at the request of 2/3 of the states
Has never been used in recent history – almost happened twice
1963: States wanted to overturn Supreme Court decisions affecting elections of state lawmakers
By 1967, 33 state legislatures voted for it – one state short; no other state voted for it
: States wanted a balanced budget amendment
By 2000, federal revenue exceeded federal expenses and it was dropped
VERY controversial
Conventions do not have to be limited to one amendment – could become uncontrollable
Convention might propose amendments on any topic – legal scholars are concerned

21. Ratifying Amendments
Two methods for Congress to choose from when asking states to ratify an amendment
Congress chooses method and time limit
Traditionally the time limit is seven years
First Method:
¾ of state legislatures ratify the amendment
Second Method:
States call a ratifying convention
Amendment passed when ¾ of conventions approve it