|
ABOUT AMERICA:
 AMENDMENTS TO THE CONSTITUTION
ARTICLES in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the several states, pursuant to the fifth article of the original Constitution. The Bill of Rights Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Many countries have made one religion the established (official) church and support it with government funds. This amendment forbids Congress to set up or in any way provide for an established church. It has been interpreted to forbid government endorsement of or aid to religious doctrines. In addition, Congress may not pass laws limiting worship, speech, or the press, or preventing people from meeting peacefully. Congress also may not keep people from asking the government for relief from unfair treatment. The Supreme Court has interpreted the 14th Amendment as applying the First Amendment to the states as well as to the federal government. The Bill of Rights A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. This amendment prohibits only the national government from limiting the right to carry weapons. The amendment primarily was adopted so that Congress could not disarm a state militia. The Bill of Rights No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by law. This amendment grew directly out of an old complaint against the British, who had forced people to take soldiers into their homes. The Bill of Rights The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This measure does not forbid legal authorities to search, to seize goods, or to arrest people. It simply requires that in most circumstances the authorities obtain a search warrant from a judge by showing the need for it. The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial. The Bill of Rights No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. A capital crime is one punishable by death. An infamous crime is one punishable by death or imprisonment. This amendment guarantees that no one has to stand trial for such a federal crime unless a grand jury has indicted (accused) him or her. A grand jury is a special group of people selected to decide whether there is enough evidence against a person to hold a trial. Persons cannot be put in double jeopardy (tried twice) for the same offense by the same government. But they may be tried a second time if a jury cannot agree on a verdict, if a mistrial is declared for some reason, or if they request a new trial. The amendment also guarantees that persons cannot be forced to testify against themselves. The Bill of Rights In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. A person accused of crime must have a prompt, public trial by an open-minded jury. The requirement for a speedy and public trial grew out of the fact that some political trials in England had been delayed for years and then were held in secret. Accused individuals must be informed of the charges against them and must be allowed to meet the witnesses against them face to face. Otherwise, innocent persons may be punished if a court allows the testimony of unknown witnesses to be used as evidence. This amendment guarantees that individuals on trial can face and cross-examine those who have accused them. Finally, accused persons must have a lawyer to defend them if they want one. If a criminal defendant is unable to afford a lawyer, the Supreme Court has held that one must be appointed to represent the accused individual. The Bill of Rights In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. The Sixth Amendment provides for jury trials in criminal cases. The Seventh Amendment provides for such trials in civil suits where the amount contested exceeds $20. The amendment applies only to federal courts. But most state constitutions also call for jury trials in civil as well as criminal cases. The Bill of Rights Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bails, fines, and punishment must be fair and humane. In the case of Furman v. Georgia, the Supreme Court ruled in 1972 that capital punishment, as it was then imposed, violated this amendment. The court held that the death penalty was cruel and unusual punishment because it was not applied fairly and uniformly. After that decision, many states adopted new capital punishment laws designed to meet the Supreme Court's objections. The court has ruled that the death penalty may be imposed in capital cases if certain standards are applied to guard against arbitrary and capricious application of the penalty. The Bill of Rights The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Some people feared that the listing of some rights in the Bill of Rights would be interpreted to mean that other rights not listed were not protected. This amendment was adopted to prevent such a misinterpretation. The Bill of Rights The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. This amendment was adopted to reassure people that the national government would not swallow up the states. It confirms that the states or the people retain all powers not given to the national government. For example, the states have the authority over such matters as marriage and divorce. Amendment 11 The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. This amendment makes it impossible for a citizen of one state to sue another state in federal court. The amendment resulted from the 1793 case of Chisholm v. Georgia, in which a man from South Carolina sued the state of Georgia over an inheritance. Georgia argued that it could not be sued in federal court, but the Supreme Court ruled that the state could be. Georgia then led a movement to add this amendment to the Constitution. However, individuals can still bring actions against state authorities in federal court to prevent these authorities from depriving them of their Constitutional rights. Amendment 12 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. This amendment provides that members of the Electoral College, called electors, vote for one person as President and for another as Vice President. The amendment resulted from the election of`1800. At that time, each elector voted for two men, not saying which he wanted for President. The man who received the most votes was to become President, and the runner-up Vice President. Thomas Jefferson, the presidential candidate of what was to become the Democratic Party, and Aaron Burr, the vice presidential candidate of the same party, received the same number of electoral votes. The tie threw the election into the House of Representatives, controlled by the opposition party, the Federalist. The House finally chose Jefferson but took so long that people feared it would fail to choose a President before Inauguration Day. The House has chosen one other President--John Quincy Adams in 1825. Amendment 13 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. President Abraham Lincoln's Emancipation Proclamation of 1863 had freed the slaves in the Confederate States still in rebellion. This amendment completed the abolition of slavery in the United States. Amendment 13 Congress shall have power to enforce this article by appropriate legislation. Amendment 14 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. The principal purpose of this amendment was to make former slaves citizens of both the United States and the state in which they lived and to protect them from state-imposed discrimination. The terms of the amendment clarify how citizenship is acquired. State citizenship is a by-product of national citizenship. By living in a state, every U.S. citizen automatically becomes a citizen of that state as well. All persons naturalized (granted citizenship) according to law are U.S. citizens. Anyone born in the United States is also a citizen regardless of the nationality of his parents, unless they are diplomatic representatives of another country or enemies during a wartime occupation. Such cases are exceptions because the parents are not "subject to the jurisdiction" of the United States. The amendment does not grant citizenship to Native Americans living on reservations, but Congress has passed a law that did so. Amendment 14 Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, [excluding Indians not taxed.] But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. This section proposes a penalty for states that refused to give the vote in federal elections to all adult male citizens. States that restricted voting could have had their representation in the House of Representatives reduced. This penalty was never imposed. The section has been set aside by the 19th and 26th amendments. Amendment 14 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. This section is of historical interest only. Its purpose was to keep federal officers who joined the Confederacy from becoming federal officers again. Amendment 14 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. This section ensured that the Union's Civil War debt would be paid, but voided all debts run up by the Confederacy. The section also said that former slave owners would not be paid for slaves who were freed. Amendment 14 The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Amendment 15 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. African Americans who had been slaves became citizens under the terms of the 14th Amendment. The 15th Amendment prohibits states from denying citizens the right to vote because of race. Some southern states were able to deny African Americans the right to vote despite this Amendment until the 1960s, when Congress passed laws to enforce the Amendment and the Supreme Court declared unconstitutional practices and legal procedures whose effect had been to circumvent it. Amendment 15 The Congress shall have power to enforce this article by appropriate legislation. Amendment 16 The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportioned among the several States, and without regard to any census or enumeration. In 1894, Congress passed an income tax law, but the Supreme Court declared it to be a direct tax that had to be apportioned among the states and thus made it impossible to levy. This amendment authorized Congress to levy such a tax without apportionment. Amendment 17 (1) 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. This amendment took the power of electing Senators from the state legislature and places it in the hands of the voters of the state. Amendment 18 [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. Amendment 18 The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Amendment 18 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.] This is the prohibition amendment, which forbade people to make, sell, or transport liquor. It was repealed by the 21st Amendment in 1933. Amendment 19 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. Amendment 19 Congress shall have power to enforce this article by appropriate legislation. Amendments that would have given women the right to vote were introduced in Congress one after another for more than 40 years before this one was finally passed. Amendment 20 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. Amendment 20 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. Amendment 20 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. Amendment 20 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. Amendment 20 Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Amendment 20 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission. This amendment, called the lame duck amendment, moves the date that the newly elected Presidents and members of Congress take office closer to election time. A lame duck is an official who continues to serve though not re-elected. Before the amendment came into force, Congressmen and presidents defeated in the November elections continued to hold office until the following March. Amendment 21 The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Amendment 21 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. Amendment 21 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. This amendment simply repeals the 18th Amendment. Amendment 22 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. Amendment 22 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. This amendment provides that no person can be elected to President more than twice. No one who has served as President for more than two years of someone else's term can be elected more than once. One President can hold office for no more than 10 years. The amendment was supported by people who thought President Franklin D. Roosevelt should not serve four terms. No other President had run for election to more than two consecutive terms. Amendment 23 The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct: Amendment 23 The Congress shall have power to enforce this article by appropriate legislation. This amendment allows citizens of the District of Columbia to vote in presidential elections. However, they have no members of Congress to vote for. Amendment 24 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. Amendment 24 The Congress shall have power to enforce this article by appropriate legislation. This amendment forbids a state from making voters pay a poll or head tax before they can vote in a national election. The Supreme Court has interpreted the 14th Amendment equal protection clauses as forbidding the imposition of a poll tax in state elections. The term poll tax does not mean a tax on voting. It comes from the old English word poll, meaning head. Some states once used such taxes to keep poor people and African Americans from voting. Amendment 25 In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Amendment 25 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. This section provides for filling a vacancy in the vice presidency. In 1973, Gerald R. Ford became the first person ever chose Vice President under the terms of the amendment. He was nominated by President Richard M. Nixon after Vice President Spiro T. Agnew resigned. In 1974, Nixon resigned and Ford became President. Nelson A. Rockefeller then became Vice President under the new procedure. For the first time, the United States had both a President and Vice President who had not been elected to their office. Before this amendment came into force, vacancies in the vice presidency remained unfilled until the next presidential election. Amendment 25 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. This section provides that the Vice President succeeds to the presidency if the President becomes disabled. Amendment 25 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. Amendment 26 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 any State on account of age. Amendment 26 The Congress shall have the power to enforce this article by appropriate legislation. This amendment forbids states from denying the vote to citizens because of their age if they are 18 years of age or older.
Amendment 27 No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. This amendment, originally proposed by James Madison, was approved by Congress in 1789 and submitted to the states for ratification, but after 200 years had not been ratified by the requisite 38 states. Public criticism of congressional pay raises led the state of Michigan to ratify this amendment on May 7, 1992, providing the 38th ratification. This amendment ensures that if Senators or members of the House of Representatives vote to raise their own pay, only members of the subsequent Congresses (which may include incumbents as well as newly elected congressmen) will benefit from the raise. |
|
|||||||||||||||
