The Bill of Rights and Other Amendments — With Explanations!

The Bill of Rights and Other Amendments -- With Explanations!

The first ten amendments to the Constitution are collectively known as “The Bill of Rights.” They were not originally included in the Constitution because the Framers felt that the enumerated and forbidden powers were enough to ensure the liberties of the people of the United States. However, there were factions and states that were uneasy about ratifying the Constitution as it was. So, in order to secure ratification, the Framers agreed to add the Bill of Rights.

 

Almost all of the amendments are what we call “negative rights.” That doesn’t mean that they’re bad things — it means that the assumption is that the people have these rights “endowed by their Creator” already and that the government is explicitly forbidden from infringing upon them. The concept of negative rights is very much a central part of the American psyche and it’s important to understand that if you want to understand Americans and their government and political philosophy. However, a full explanation of negative rights versus positive rights is worth an entry in and of itself so that will come later.

 


 

Amendment I
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[1].

 


 

Amendment II
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[2].

 


 

Amendment III
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[3].

 


 

Amendment IV
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[4].

 


 

Amendment V
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[5].

 


 

Amendment VI
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[6].

 


 

Amendment VII
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[7].

 


 

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted[8].

 


 

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people[9].

 


 

Amendment X
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[10].

 


 

Amendment XI
Passed by Congress March 4, 1794. Ratified February 7, 1795.

 

Note: Article III, section 2, of the Constitution was modified by 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[11].

 


 

Amendment XII
Passed by Congress December 9, 1803. Ratified June 15, 1804.

 

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.

 

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 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[12].

 

*Superseded by section 3 of the 20th amendment.

 


 

Amendment XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.

 

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

 

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[13].

 

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

 


 

Amendment XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.

 

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
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[14].

 

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[15].

 

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[16].

 

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[17].

 

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

 

*Changed by section 1 of the 26th amendment.

 


 

Amendment XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.

 

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[18]

 

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.

 


 

Amendment XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.

 

Note: Article I, section 9, of the Constitution was modified by amendment 16.
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[19].

 


 

Amendment XVII
Passed by Congress May 13, 1912. Ratified April 8, 1913.

 

Note: Article I, section 3, of the Constitution was modified by 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[20].

 

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.

 


 

Amendment XVIII
Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

 

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[21].

 

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[22].

 


 

Amendment XIX
Passed by Congress June 4, 1919. Ratified August 18, 1920.

 

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[23].

 

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

 


 

Amendment XX
Passed by Congress March 2, 1932. Ratified January 23, 1933.

 

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

 

Section 1.
The terms of the President and the 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[24].

 

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.

 


 

Amendment XXI
Passed by Congress February 20, 1933. Ratified December 5, 1933.

 

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.

 


 

Amendment XXII
Passed by Congress March 21, 1947. Ratified February 27, 1951.

 

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[25].

 

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.

 


 

Amendment XXIII
Passed by Congress June 16, 1960. Ratified March 29, 1961.

 

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[26].

 

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

 


 

Amendment XXIV
Passed by Congress August 27, 1962. Ratified January 23, 1964.

 

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[27].

 

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

 


 

Amendment XXV
Passed by Congress July 6, 1965. Ratified February 10, 1967.

 

Note: Article II, section 1, of the Constitution was affected by 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[28].

 


 

Amendment XXVI
Passed by Congress March 23, 1971. Ratified July 1, 1971.

 

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of 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[29].

 

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

 


 

Amendment XXVII
Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

 

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened[30].

 


[1]The First Amendment is probably the greatest sentence ever written in all of human history. It forbids Congress (and the States) from establishing an official religion, from prohibiting any other religions (though certain religious practices such as slavery and human sacrifice and the like can be forbidden), from using prior restraint to stop publications that are critical of the government or its officials, from regulating or forbidding people from gathering together to protest, and from forbidding people from suing the government in cases where it is in the wrong.

 

[2]The Second Amendment is the favored whipping boy of the Bill of Rights. A few notes: a “militia” is a group of regular able-bodied men who are not part of an established army and who thus, have to bring their own weapons to fight with. If you bring your own weapons, you’re part of a militia. If you are given your weapons by someone else (like the government), you’re part of an army. That’s why being able to own weapons (not just guns, but weapons of any kind that aren’t an intrinsic danger to others just by nature of their existence and proximity)* is an individual right.

 

The Second Amendment also ensures that the people of the United States will always have the ultimate power to overthrow their government by force of arms if the government becomes tyrannical. Recall that in the Declaration of Independence it is written that:

…Governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Well, it would be rather difficult to pull off the whole “altering/abolishing of a government” if the government had all the weapons and the people had nothing but words and rocks, now wouldn’t it? And no, the American people aren’t just going to “trust” that their government won’t screw them over. It’s barely been two and a half centuries since the Founding of the country and already the government has a long history of riding roughshod over liberties — especially in recent years with the “War on Drugs,” the “War on Terrorism,” the complete raping of the Commerce Clause, and the government’s tendency to vote itself exempt from the laws it enforces on everyone else. I’m not saying that the time for violent revolution is now or that it will ever come. I am, however, saying that the government respects the people (and their liberties) a lot more when the people can shoot back.

 

*A gun, a knife, a sword, a tank, a car, a cannon, cannonballs, bullets, slingshots, slings, lances, spears, bows and arrows, rocks, petroleum, wine bottles, beer bottles (this could get rather long) and things like that aren’t intrinsically dangerous. I could put a loaded gun on my desk pointed right at me and it’s not going to shoot me by itself anymore than any of the knives in my kitchen drawer will jump up and stab me or my car will wreck itself and kill me. All of those things require a human agent to set them off. Weapons that are intrinsically dangerous and can, arguably, be restricted from civilian possession are things like: nuclear weapons, fissionable materials, high explosives, poisonous or highly corrosive chemicals, gas and chemical weapons like mustard, Sarin, etc, biological weapons like plagues. Those are all things that, even with the best security and maintenance, could go off or get out of control and endanger people nearby and do not require a human element to set off. See the difference?

 

[3]This was passed largely in response to the Quartering Acts the British had inflicted on the colonies. It’s rarely been violated (it’s probably the only amendment that hasn’t been) but there is a definite argument that the current NSA crap where they load little back-doors and all into software and into the firmware of commercial devices could be construed as violating this. But then, I’m not a lawyer.

 

[4]This amendment stopped the “general warrant” crap by forcing the government to state exactly what it was after and where it thought to find it. A judge had to sign off on the warrant and, at first, the officials enforcing the warrant were supposed to be careful not to damage anything unless absolutely necessary. In recent decades, the police have gotten away with ignoring the Fourth Amendment because of the drug war and the militarization of the police force. Far too many judges just rubber stamp warrants now and prosecutors are rarely held to account for using illegally obtained evidence or the fruit of that poisoned tree.

 

[5]The Fifth Amendment does a lot of things. First of all, the most common usage is when someone “takes the Fifth” or “pleads the Fifth” in court. This means that they are refusing to testify because they may be compelled to testify against themselves. It doesn’t mean they’re guilty. But, you can’t take the Fifth on some questions and not on others. You either take it for everything or nothing (I think).

 

The Fifth Amendment also prevents the government from trying someone over and over again for the same exact crime. If the government can’t win a conviction on their first attempt at trying someone for a specific instance of a crime, then they can’t try again. It’s arguable that the whole recent trend of the Federal government trying someone for a similar crime if the State government acquits them is double jeopardy.

 

Finally, the Fifth Amendment forces the government to actually indict someone (meaning they have to have evidence of a crime and that person’s connection to it) instead of holding them indefinitely. It also forces the government to pay for any property it seizes instead of leaving the owner high and dry.

 

[6]This amendment guarantees the right to a criminal trial by jury and that the jury be composed of impartial members to ensure that the trial is fair. It also forces the government to hold the trial sooner rather than later. The accused also gets to cross examine witnesses who speak against him and to confront his accuser. Arguably, this amendment is being actively violated concerning rape cases at the moment — especially on college campuses where the accused can be punished without ever knowing who filed a claim against him or what the claim actually is (and universities can be considered part of the government since they are established and paid for by the government in many places). It is being passively violated by the lack of judges and juries in many places and the fact that some people are forced to wait for months or years to stand trial because of the backlog.

 

[7]Civil cases concerning more than $20 can be tried by a jury and if they are jury trials, there’s no chance to appeal the jury’s verdict (as I understand it). I’m not sure how this one works, actually, considering that I’ve heard of several patent cases tried by a jury that then had one of the litigants appeal the decision (like Apple v Samsung).

 

[8]The government can’t require that someone pay a billion trillion dollars in bail for possession of marijuana (though it can require a million dollars for something like murder). And, the government can only imprison or execute someone. It can’t torture them or force them to “reform.” Execution isn’t cruel in and of itself so long as the manner in which it is carried out doesn’t involve excessive pain and results in a relatively quick death.

 

[9]This means that just because it’s not in the Bill of Rights doesn’t mean it’s forbidden. The assumption is always that the people have the right to do anything they want that isn’t explicitly forbidden.

 

[10]If the US government isn’t explicitly allowed to do it, then they are forbidden from doing it and the power to do whatever it is resides either within the State governments or within the people themselves. This one gets ignored a lot. 🙁

 

[11]Eleventh Amendment at The Free Dictionary has the best explanation:

The text of the Eleventh Amendment limits the power of federal courts to hear lawsuits against state governments brought by the citizens of another state or the citizens of a foreign country. The Supreme Court has also interpreted the Eleventh Amendment to bar federal courts from hearing lawsuits instituted by citizens of the state being sued and lawsuits initiated by the governments of foreign countries. For example, the state of New York could invoke the Eleventh Amendment to protect itself from being sued in federal court by its own residents, residents of another state, residents of a foreign country, or the government of a foreign country.

 

[12]This amendment resolved the problems with the Electoral College being able to elect the President and the Vice President separately (with the Vice President being the runner-up in the election). It allowed for the Electors to have only one vote (instead of two) and also made it possible for a President to select a Vice President who would work with him instead of against him as had happened when two political opponents were elected President and Vice President (John Adams and Thomas Jefferson in 1796).

 

[13]This amendment was passed after the Civil War and during Reconstruction and abolished the institution of slavery entirely in the United States.

 

[14]This amendment was passed after the Civil War and during Reconstruction. It granted citizenship to the freed slaves and forbade the State governments from revoking citizenship rights and liberties or infringing upon them. It also forbade the States from denying equal protection of law to any group of citizens. The citizenship clause also opened up the on-going argument over “birth tourism” as it redefined citizenship to apply to anyone born within the physical United States whether their parents were citizens or not.

 

[15]This amendment also forms the basis for the “right to privacy” that was invoked in Griswold v Connecticut and Roe v Wade. Further, it undid the Three-Fifths Compromise by including all the freed slaves as whole people for considering representation. The amendment also allowed the right to vote to be withheld on the basis of criminal convictions or rebellion.

 

[16]This part of the amendment was to keep former Confederate officers or loyalists from holding office.

 

[17]This part was intended to spell out that the former Confederates couldn’t sue for the loss of their slaves under the Fifth Amendment and to let England and France know that the money they’d lent to the Confederacy wasn’t going to be paid back by the United States (since the debt wasn’t incurred by the United States). However, recent events have led to speculation that this section might give the president unilateral authority to raise or lower the debt ceiling and to demand revenues to pay off debts.

 

[18]This amendment was intended to keep States from infringing on the voting rights of freed slaves in any manner. However, courts in the late 1800s interpreted this amendment’s power narrowly and ruled that race-neutral infringements were legal (ex: poll taxes, literacy tests, etc) so long as they applied equally to everyone.

 

[19]This is the income tax amendment. Prior to it, revenues were generally raised by tariffs and excise taxes. Direct taxes were levied by the State governments and Congress had to request a specific dollar amount from each state who then collected it in whatever manner they had decided in their own laws.

 

[20]This allows for the direct election of Senators by the people of each State instead of via appointment by the State legislature or governor. It was passed to try to get rid of the corruption whereby state legislatures were induced to elect Senators in return for corporate (or other) favors from the gilded-age companies. However, not only did this amendment fail to do that, it diluted the Senate’s purpose in the federal government and has led to an overreach of power and the loss of many liberties both to the States and to the people. Additionally, as can be seen by then governor of Illinois Rod Blagojevich’s soliciting bribes from candidates for his appointment to the Senate, the Seventeenth amendment has made it so that you only have to corrupt one person to purchase a Senate seat instead of several dozen.

 

[21]Ah. Good ol’ Prohibition. This was the only amendment to be repealed. It also has made Congress (and the States) very leery of “popular cultural” amendments to the Constitution because cultural and social norms do change over time and it’s damned hard to repeal an amendment later down the road even if it’s become extremely unpopular.

 

[22]This is a sunset clause. Earlier amendments didn’t have them so many of them are technically still pending even if there is no hope of them ever being ratified.

 

[23]Technically, this “gave” women the right to vote. What it really did was tell the states who had laws forbidding women to vote (or forbidding them from voting in certain kinds of elections) that they couldn’t do that anymore. There were actually a lot of states that allowed women to vote to varying degrees prior to this amendment. You can check more on that at Wikipedia.

 

[24]This amendment removed much of the “lame duck” term for an out-going Congress and President. With the advances in transportation technology during the latter 1800s, it was no longer necessary to give elected officials four months post-election to make their way to Washington DC. The delay had also caused problems with responding to the Secession Crisis in 1861 and to the Great Depression.

 

[25]This limits the President to only two terms in that office. It was passed in response to Franklin D. Roosevelt being elected four times. He was not the first to seek a third term of office but he was the first to win one. Being President for so long allowed him to do a lot of things that have not worked out for the best for the US — inflating the chairs on the Supreme Court, court-packing, a lot of his economic packages that have devolved into little more than vote-buying or State-buying, and the corruption of the judiciary. Yes, FDR helped to defeat the Nazis in a big way by keeping Great Britain from going under but he still did a lot of damage during his thirteen years (he died shortly after starting his fourth term) as President.

 

[26]This amendment allows citizens living in Washington DC to vote for the President. People in Washington DC don’t have representation in Congress and so didn’t have electors. They also aren’t a state with their own legislature and governor. Instead, DC is generally “governed” by Congress and its local city officials.

 

[27]This amendment closed the loopholes for “race-neutral” means of disenfranchising blacks. No more poll taxes.

 

[28]This amendment clears up the confusion over whether or not the Vice President became President if the President died or was removed from office. Convention held that it did but there was no means of appointing or filling the office of Vice President when that happened. This amendment also clarified the order of President Succession in the event that a nuclear attack killed a lot of the US government officials who would normally have been in line.

 

[29]This amendment lowered the voting age to 18. It was passed in response to the protests of many men who were drafted and sent to fight in Vietnam. The draft age was 18 but voting was, by and large, at 21 in most states (a few did allow voting before 21). “Old enough to fight, old enough to vote,” was the philosophy of this amendment. Also, it had the effect of allowing 18-year-olds to enter into contracts, get married, purchase alcohol, and enjoy other fruits of adulthood.

 

[30]The only surprise is that it took Congress over 200 years to get around to legally protecting their paychecks which is what this amendment does.