Authors: Richard Beeman
Tags: #Constitutional History, #History, #Political Ideologies, #Reference, #Democracy, #American Government, #Constitutional, #History & Theory, #General, #United States, #Sources, #Political Science, #Law, #Constitutions
Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence (14 page)
BOOK: Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence
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AMENDMENT XXI (1933)
SECTION 1
Just as the Eighteenth Amendment is the only constitutional amendment to restrict the rights of the American people, the Twenty-first Amendment, which ended Prohibition, is the only amendment in the Constitution to repeal a previous amendment. The Twenty-first Amendment does not specifically allow for the manufacture, transport, or sale of liquors but, rather, returns to the states the right to regulate alcohol distribution and consumption. This amendment is unusual in that it specifies that state conventions, rather than state legislatures, should be the bodies responsible for ratifying the amendment.
AMENDMENT XXII (1951)
SECTION 1
Although the people of the United States had expressed their will by electing Franklin D. Roosevelt president in four successive elections, in the aftermath of Roosevelt’s terms in office many Americans began to have second thoughts about the wisdom of allowing a president to exceed what had previously been the “twoterm tradition” set by George Washington. By the terms of the Twenty-second Amendment, Presidents are limited to two terms, or if they have served at least two years of a previous president’s term, to one term. Americans continue to disagree on whether “term limits”—either in the executive or legislative branches—are consistent with democratic governance, and there have been occasional attempts to repeal the Twenty-second Amendment, although none has come close to success thus far.
AMENDMENT XXIII (1961)
SECTION 1
The District of Columbia, seat of the nation’s government, has always occupied a peculiar place within our federal system. The Constitution empowered Congress to designate a territory “not exceeding ten Miles square” as the nation’s capital but specifically intended that the “federal district” not be within the boundaries or jurisdiction of any particular state. Therefore, while the federal government exercises much of its enormous power within the District of Columbia, that territory has been denied voting representatives in Congress, and until the passage of the Twenty-third Amendment, its residents were denied the right to vote in presidential elections. By the terms of the Twenty-third Amendment the residents of the District of Columbia are entitled to vote for presidential electors, with the number of electors representing the district being equal to the number of senators and representatives that the district would have if it were a state. On the basis of its present population, that means three electors.
AMENDMENT XXIV (1964)
SECTION 1
Although the Fourteenth and Fifteenth Amendments were intended to ensure African Americans the right to vote, the imposition of a poll tax—a fee that citizens had to pay to the state or locality if they wished to vote—was a common device by which states, particularly those in the South, prevented low-income voters, who were often predominantly African American, from voting. The Twenty-fourth Amendment explicitly prohibits the imposition of taxes as a condition for voting. The amendment does not say anything about the use of the poll tax in state elections, but soon after the passage of the Twenty-fourth Amendment, the Supreme Court, citing the “equal protection” clause of the Fourteenth Amendment, ruled that it was unconstitutional for states to require the payment of poll taxes as a condition for voting in state elections.
AMENDMENT XXV (1967)
SECTION 1
Although the Twentieth Amendment deals in part with the issue of presidential succession, the Twenty-fifth Amendment provides a more detailed description of how Congress should proceed in the event of the death or removal of a president or vice president, or in the case of the temporary disability of the president (for example, if the president falls seriously ill or undergoes an operation and is not able for a period of time to exercise the duties of his office). Eight American presidents have died in office, and one has resigned. And there have been several occasions when a president has been temporarily disabled (for example, when Ronald Reagan was wounded by a would-be assassin’s bullet in 1985, he transferred power to his vice president, George H. W. Bush, while he was hospitalized).
SECTION 1
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
SECTION 2The 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 3The 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.
Just as the Eighteenth Amendment is the only constitutional amendment to restrict the rights of the American people, the Twenty-first Amendment, which ended Prohibition, is the only amendment in the Constitution to repeal a previous amendment. The Twenty-first Amendment does not specifically allow for the manufacture, transport, or sale of liquors but, rather, returns to the states the right to regulate alcohol distribution and consumption. This amendment is unusual in that it specifies that state conventions, rather than state legislatures, should be the bodies responsible for ratifying the amendment.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 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 2This 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.
Although the people of the United States had expressed their will by electing Franklin D. Roosevelt president in four successive elections, in the aftermath of Roosevelt’s terms in office many Americans began to have second thoughts about the wisdom of allowing a president to exceed what had previously been the “twoterm tradition” set by George Washington. By the terms of the Twenty-second Amendment, Presidents are limited to two terms, or if they have served at least two years of a previous president’s term, to one term. Americans continue to disagree on whether “term limits”—either in the executive or legislative branches—are consistent with democratic governance, and there have been occasional attempts to repeal the Twenty-second Amendment, although none has come close to success thus far.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 2The Congress shall have power to enforce this article by appropriate legislation.
The District of Columbia, seat of the nation’s government, has always occupied a peculiar place within our federal system. The Constitution empowered Congress to designate a territory “not exceeding ten Miles square” as the nation’s capital but specifically intended that the “federal district” not be within the boundaries or jurisdiction of any particular state. Therefore, while the federal government exercises much of its enormous power within the District of Columbia, that territory has been denied voting representatives in Congress, and until the passage of the Twenty-third Amendment, its residents were denied the right to vote in presidential elections. By the terms of the Twenty-third Amendment the residents of the District of Columbia are entitled to vote for presidential electors, with the number of electors representing the district being equal to the number of senators and representatives that the district would have if it were a state. On the basis of its present population, that means three electors.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 2The Congress shall have power to enforce this article by appropriate legislation.
Although the Fourteenth and Fifteenth Amendments were intended to ensure African Americans the right to vote, the imposition of a poll tax—a fee that citizens had to pay to the state or locality if they wished to vote—was a common device by which states, particularly those in the South, prevented low-income voters, who were often predominantly African American, from voting. The Twenty-fourth Amendment explicitly prohibits the imposition of taxes as a condition for voting. The amendment does not say anything about the use of the poll tax in state elections, but soon after the passage of the Twenty-fourth Amendment, the Supreme Court, citing the “equal protection” clause of the Fourteenth Amendment, ruled that it was unconstitutional for states to require the payment of poll taxes as a condition for voting in state elections.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 2Whenever 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 3Whenever 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 4Whenever 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.
Although the Twentieth Amendment deals in part with the issue of presidential succession, the Twenty-fifth Amendment provides a more detailed description of how Congress should proceed in the event of the death or removal of a president or vice president, or in the case of the temporary disability of the president (for example, if the president falls seriously ill or undergoes an operation and is not able for a period of time to exercise the duties of his office). Eight American presidents have died in office, and one has resigned. And there have been several occasions when a president has been temporarily disabled (for example, when Ronald Reagan was wounded by a would-be assassin’s bullet in 1985, he transferred power to his vice president, George H. W. Bush, while he was hospitalized).The amendment also deals with the delicate question of how to deal with the disability of a president when the president himself is not willing to declare such a disability. For example, in 1918 President Woodrow Wilson suffered a stroke and many believed that his disability prevented him from carrying out the duties of his office effectively, but there were no means by which to resolve the issue. The Twenty-sixth Amendment stipulates that Congress may, if two-thirds of the members of both houses agree, provide written declaration that the president is disabled and then transfer power to the vice president.
BOOK: Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence
4.62Mb size Format: txt, pdf, ePub
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