[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[Historical Documents]
[Pages 1167-1187]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 1167]]
[1720]
____________________________________________________________
Articles in addition to, and amendment of, the constitution
of the united states of america, proposed by congress,
and ratified by the legislatures of the several states,
pursuant to the fifth article of the original
constitution\1\
\1\In Dillon v. Gloss, 256 U.S. 368[1921], the Supreme
Court stated that it would take judicial notice of the date
on which a State ratified a proposed constitutional
amendment. Accordingly the Court consulted the State
journals to determine the dates on which each house of the
legislature of certain States ratified the Eighteenth
amendment. It, therefore, follows that the date on which the
governor approved the ratification, or the date on which the
secretary of state of a given State certified the
ratification, or the date on which the Secretary of State of
the United States received a copy of said certificate, or
the date on which he proclaimed that the amendment had been
ratified are not controlling. Hence, the ratification date
given on the following pages is the date on which the
legislature of a given State approved the particular
amendment (signature by the speaker or presiding officers of
both houses being considered a part of the ratification of
the ``legislature''). When that date is not available, the
date given is that on which it was approved by the governor
or certified by the secretary of state of the particular
State. In each case such fact has been noted. Information as
to ratification is based on data supplied by the Department
of State and the General Services Administration.
____________________________________________________________
1721 AMENDMENT [I] \2\
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.
\2\Brackets enclosing an amendment number indicate that
the number was not specifically assigned in the resolution
proposing the amendment. It will be seen, accordingly, that
only amendments XIII, XIV, XV, and XVI were thus technically
ratified by number.
1722 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.
[[Page 1168]]
1723 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.
1724 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.
1725 AMENDMENT [V]
No person shall be held to answer for a capital, or
other wise 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 offenses 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.
1726 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.
1727 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
other
[[Page 1169]]
wise reexamined in any Court of the United States, than
according to the rules of the common law.
1728 AMENDMENT [VIII]
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
1729 AMENDMENT [IX]
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
1730 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.
The first 10 amendments\3\ to the Constitution (i.e.
nos. 3 to 12 of those proposed) were ratified by the several
State legislatures on the following dates: New Jersey,
November 20, 1789; Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; New Hampshire, January 25, 1790; Delaware, January 28,
1790; New York, February 27, 1790; Pennsylvania, March 10,
1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Massachusetts, March 2, 1939;
Georgia, March 18, 1939; Connecticut, April 19, 1939.
\3\The first 10 amendments, along with 2 others, were
proposed by Congress on September 25, 1789, when they passed
the Senate [1 Ann. Cong. (1st Cong., 1st sess.) 90], having
previously passed the House on September 24 [Id., 948]. They
appear officially in 1 Stat. 97. Ratification was completed
on December 15, 1791, when the eleventh State (Virginia)
approved these amendments, there being then 14 States in the
Union. On March 1, 1792, Thomas Jefferson, Secretary of
State, addressed letters to the Governors of the several
States, advising them of the said ratifications (National
Archives, Department of State, American Letters, IV, 355).
Proposal no. 1 prescribed the ratio of representation to
population in the House and was ratified by 10 states (1
short of the requisite number). Proposal no. 2 later
achieved ratification and became Amendment XXVII, Senate
Manual section 1747.
*By Council of Revision. State legislature approved Feb.
24, 1790.
1731 AMENDMENT [XI]
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.
[[Page 1170]]
The eleventh amendment\4\ was ratified by the several
State legislatures on the following dates: New York, March
27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8,
1794; New Hampshire, June 16, 1794; Massachusetts, June 26,
1794; Vermont, between October 9 and November 9, 1794;
Virginia, November 18, 1794; Georgia, November 29, 1794;
Kentucky, December 7, 1794; Maryland, December 26, 1794;
Delaware, January 23, 1795; North Carolina, February 7,
1795; South Carolina, December 4, 1797 [State Department,
Press Releases, vol. XII, p. 247 (1935)].
\4\The eleventh amendment was proposed by Congress on
March 4, 1794, when it passed the House [4 Ann. Cong. (3d
Cong., 1st sess.) 477, 478], having previously passed the
Senate on January 14 [Id., 30, 31]. It appears officially in
1 Stat. 402. Ratification was completed on February 7, 1795,
when the twelfth State (North Carolina) approved the
amendment, there being then 15 States in the Union. Official
announcement of ratification was not made until January 8,
1798, when President John Adams in a message to Congress
stated that the eleventh amendment had been adopted by
three-fourths of the States and that it ``may now be deemed
to be part of the Constitution'' [1 Mess. and Papers of
Pres. 250]. In the interim South Carolina had ratified, and
Tennessee had been admitted into the Union as the sixteenth
State.
1732 AMENDMENT [XII]
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
[[Page 1171]]
of all the states shall be necessary to a choice.\5\ [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.
\5\The part included in heavy brackets has been
superseded by section 3 of amendment XX, Senate Manual
section 1740.3.
The twelfth amendment\6\ was ratified by the several
State legislatures on the following dates: North Carolina,
December 22, 1803; Maryland, December 24, 1803; Kentucky,
December 27, 1803; Ohio, between December 5 and December 30,
1803; Pennsylvania, January 5, 1804; Vermont, January 30,
1804; Virginia, between December 20, 1803 and February 3,
1804; New York, February 10, 1804; New Jersey, February 22,
1804; Rhode Island, between February 27 and March 12, 1804;
South Carolina, May 15, 1804; Georgia, May 19, 1804; New
Hampshire, June 15, 1804; Tennessee, July 27, 1804. The
amendment was rejected by Delaware on January 18, 1804; and
by Connecticut at its session begun May 10, 1804;
Massachusetts ratified this amendment in 1961 (after having
rejected it on February 3, 1804).
\6\The twelfth amendment was proposed by Congress on
December 9, 1803, when it passed the House [13 Ann. Cong.
(8th Cong., 1st sess.) 775, 776], having previously passed
the Senate on December 2 [Id., 209]. It was not signed by
the presiding officers of the House and Senate until
December 12. It appears officially in 2 Stat. 306.
Ratification was probably completed on June 15, 1804, when
the legislature of the thirteenth State (New Hampshire)
approved the amendment, there being then 17 States in the
Union. The Governor of New Hampshire, however, vetoed this
act of the legislature on June 20, and the act failed to
pass again by two-thirds vote then required by the State
constitution. Inasmuch as article V of the Federal
Constitution specifies that amendments shall become
effective ``when ratified by the legislatures of three-
fourths of the several States or by conventions in three-
fourths thereof,'' it has been generally believed that an
approval or veto by a Governor is without significance. If
the ratification by New Hampshire be deemed ineffective,
then the amendment became operative by Tennessee's
ratification on July 27, 1804. On September 25, 1804, in a
circular letter to the Governors of the several States,
Secretary of State Madison declared the amendment ratified
by three-fourths of the States.
[[Page 1172]]
1733 AMENDMENT XIII
1733.1 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.
1733.2 Section 2. Congress shall have power to enforce this
article by appropriate legislation.
The thirteenth amendment\7\ was ratified by the several
State legislatures on the following dates: Illinois,
February 1, 1865; Rhode Island, February 2, 1865; Michigan,
February 2, 1865; Maryland, February 3, 1865; New York,
February 3, 1865; West Virginia, February 3, 1865; Missouri,
February 6, 1865; Maine, February 7, 1865; Kansas, February
7, 1865; Massachusetts, February 7, 1865; Pennsylvania,
February 8, 1865; Virginia, February 9, 1865; Ohio, February
10, 1865; Louisiana, February 15 or 16, 1865; Indiana,
February 16, 1865; Nevada, February 16, 1865; Minnesota,
February 23, 1865; Wisconsin, February 24, 1865; Vermont,
March 9, 1865 (date on which it was ``approved'' by
Governor); Tennessee, April 7, 1865; Arkansas, April 14,
1865; Connecticut, May 4, 1865; New Hampshire, June 30,
1865; South Carolina, November 13, 1865; Alabama, December
2, 1865 (date on which it was ``approved'' by Provisional
Governor); North Carolina, December 4, 1865; Georgia,
December 6, 1865; Oregon, December 11, 1865; California,
December 15, 1865; Florida, December 28, 1865 (Florida again
ratified this amendment on June 9, 1868, upon its adoption
of a new constitution); Iowa, January 17, 1866; New Jersey,
January 23, 1866 (after having rejected the amendment on
March 16, 1865); Texas, February 17, 1870; Delaware,
February 12, 1901 (after having rejected the amendment on
February 8, 1865); Kentucky, March 18, 1976 (after having
rejected the
[[Page 1173]]
amendment on February 24, 1865). The amendment was rejected
by Mississippi on December 2, 1865.
\7\The thirteenth amendment was proposed by Congress on
January 31, 1865, when it passed the House [Cong. Globe
(38th Cong., 2d sess.) 531], having previously passed the
Senate on April 8, 1864 [Id. (38th cong., 1st sess.) 1490].
It appears officially in 13 Stat. 567 under date of February
1, 1865. Ratification was completed on December 6, 1865,
when the legislature of the twenty-seventh State (Georgia)
approved the amendment, there being then 36 States in the
Union. On December 18, 1865, Secretary of State Seward
certified that the thirteenth amendment had become a part of
the Constitution [13 Stat. 774].
A ``thirteenth amendment'' depriving of United States
citizenship any citizen who should accept any title, office,
or emolument from a foreign power, was proposed by Congress
on May 1, 1810, when it passed the House [21 Ann. Cong.
(11th Cong., 2d sess.) 2050], having previously passed the
Senate on April 27 [20 Ann. Cong. (11th Cong., 2d sess.)
672]. It appears officially in 2 Stat. 613. It failed of
adoption, being ratified by but 12 States up to December 10,
1812 [2 Miscell. Amer. State Papers, 477-479; 2 Doc. Hist.
Const. 454-499], there then being 18 in all.
Another ``thirteenth amendment'', forbidding any future
amendment that should empower Congress to interfere with the
domestic institution of any State, was proposed by Congress
on March 2, 1861, when it passed the Senate [Cong. Globe
(36th Cong., 2d sess.) 1403], having previously passed the
House on February 28 [Id., 1285]. It appears officially in
12 Stat. 2512. It failed of adoption, being ratified by but
three States: Ohio, May 13, 1861 [58 Laws Ohio 190];
Maryland, January 10, 1862 [Laws Maryland (1861-62) 21];
Illinois, February 14, 1862 [2 Doc. Hist. Const., 518]
irregular, because by convention instead of by legislature
as authorized by Congress.
1734 AMENDMENT XIV
1734.1 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.
1734.2 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.
1734.3 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.
1734.4 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 sup
[[Page 1174]]
pressing 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.
1734.5 Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
The fourteenth amendment\8\ was ratified by the several
State legislatures on the following dates: Connecticut, June
30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19,
1866; New Jersey, September 11, 1866 (the New Jersey
Legislature on February 20, 1868, ``withdrew'' its consent
to the ratification; the Governor vetoed that bill on March
5, 1868, and it was repassed over his veto on March 24,
1868; and on Nov. 12, 1980, the Legislature expressed
support for the amendment); Oregon, September 19, 1866
(Oregon ``withdrew'' its consent on October 15, 1868);
Vermont, October 30, 1866; New York, January 10, 1867; Ohio,
January 11, 1867 (Ohio ``withdrew'' its consent on January
15, 1868); Illinois, January 15, 1867; West Virginia,
January 16, 1867; Michigan, January 16, 1867; Kansas,
January 17, 1867; Minnesota, January 17, 1867; Maine,
January 19, 1867; Nevada, January 22, 1867; Indiana, January
23, 1867; Missouri, January 26, 1867 (date on which it was
certified by the Missouri secretary of state); Rhode Island,
February 7, 1867; Pennsylvania, February 12, 1867;
Wisconsin, February 13, 1867 (actually passed February 7,
but not signed by legislative officers until February 13);
Massachusetts, March 20, 1867; Nebraska, June 15, 1867;
Iowa, March 9, 1868; Arkansas, April 6, 1868; Florida, June
9, 1868; North Carolina, July 2, 1868 (after having rejected
the amendment on December 13, 1866); Louisiana, July 9, 1868
(after having rejected the amendment on February 6, 1867);
South Carolina, July 9, 1868 (after having rejected the
amendment on December 20, 1866); Alabama, July 13, 1868
(date on which it was ``approved'' by the Governor);
Georgia, July 21, 1868 (after having rejected the amendment
on November 9, 1866--Georgia ratified again on February 2,
1870); Virginia, October 8, 1869 (after having rejected the
amendment on January 9, 1867); Mississippi, January 17,
1870; Texas, February 18, 1870 (after having rejected the
amendment on October 27, 1866); Delaware,
[[Page 1175]]
February 12, 1901 (after having rejected the amendment on
February 8, 1867); Maryland, April 4, 1959 (after having
rejected the amendment on March 23, 1867); California, May
6, 1959; Kentucky, March 18, 1976 (after having rejected the
amendment on January 8, 1867).
\8\The fourteenth amendment was proposed by Congress on
June 13, 1866, when it passed the House [Cong. Globe (39th
Cong., 1st sess.) 3148, 3149], having previously passed the
Senate on June 8 [Id., 3042]. It appears officially in 14
Stat. 358 under date of June 16, 1866. Ratification was
probably completed on July 9, 1868, when the legislature of
the twenty-eighth State (South Carolina or Louisiana)
approved the amendment, there being then 37 States in the
Union. However, Ohio and New Jersey had prior to that date
``withdrawn'' their earlier assent to this amendment.
Accordingly, Secretary of State Seward on July 20, 1868,
certified that the amendment had become a part of the
Constitution if the said withdrawals were ineffective [15
Stat. 706-707]. Congress at once (July 21, 1868) passed a
joint resolution declaring the amendment a part of the
Constitution and directing the Secretary to promulgate it as
such. On July 28, 1868, Secretary Seward certified without
reservation that the amendment was a part of the
Constitution. In the interim, two other States, Alabama on
July 13 and Georgia on July 21, 1868, had added their
ratifications.
1735 AMENDMENT XV
1735.1 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.
1735.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The fifteenth amendment\9\ was ratified by the several
State legislatures on the following dates: Nevada, March 1,
1869; West Virginia, March 3, 1869; North Carolina, March 5,
1869; Louisiana, March 5, 1869 (date on which it was
``approved'' by the Governor); Illinois, March 5, 1869;
Michigan, March 5, 1869; Wisconsin, March 5, 1869; Maine,
March 11, 1869; Massachusetts, March 12, 1869; South
Carolina, March 15, 1869; Arkansas, March 15, 1869;
Pennsylvania, March 25, 1869; New York, April 14, 1869 (New
York ``withdrew'' its consent to the ratification on January
5, 1870, which action it rescinded on March 30, 1970);
Indiana, May 14, 1869; Connecticut, May 19, 1869; Florida,
June 14, 1869; New Hampshire, July 1, 1869; Virginia,
October 8, 1869; Vermont, October 20, 1869; Alabama,
November 16, 1869; Missouri, January 7, 1870 (Missouri had
ratified the first section of the 15th Amendment on March 1,
1869; it failed to include in its ratification the second
section of the amendment); Minnesota, January 13, 1870;
Mississippi, January 17, 1870; Rhode Island, January 18,
1870; Kansas, January 19, 1870 (Kansas had by a defectively
worded resolution previously ratified this amendment on
February 27, 1869); Ohio, January 27, 1870 (after having
rejected the amendment on May 4, 1869); Georgia, February 2,
1870; Iowa, February 3, 1870; Nebraska, February 17, 1870;
Texas, February 18, 1870; New Jersey, February 15, 1871
(after having rejected the amendment on February 7, 1870);
Delaware, February 12, 1901 (date on which approved by
Governor; Delaware had previously rejected the amendment on
March 18, 1869); Oregon, February 24, 1959 (after having
rejected the amendment on October 26, 1870); California,
April 3, 1962 (after having rejected the amendment on
January 28, 1870); Maryland, May 7, 1973 (date on which
approved by Governor; Maryland had previously rejected the
amendment on February 26, 1870); Kentucky, March 18, 1976
(after having rejected the amendment on
[[Page 1176]]
March 12, 1869). The amendment was rejected by Tennessee on
November 16, 1869.
\9\The fifteenth amendment was proposed by Congress on
February 26, 1869, when it passed the Senate [Cong. Globe
(40th Cong., 3d sess.) 1641], having previously passed the
House on February 25 [Id., 1563, 1564]. It appears
officially in 15 Stat. 346 under date of February 27, 1869.
Ratification was probably completed on February 3, 1870,
when the legislature of the twenty-eighth State (Iowa)
approved the amendment, there being then 37 States in the
Union. However, New York had prior to that date
``withdrawn'' its earlier assent to this amendment. Even if
this withdrawal were effective, Nebraska's ratification on
February 17, 1870, authorized Secretary of State Fish's
certification of March 30, 1870, that the 15th amendment had
become a part of the Constitution [16 Stat. 1131].
1736 AMENDMENT XVI
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.
The sixteenth amendment\10\ was ratified by the several
State legislatures on the following dates: Alabama, August
10, 1909; Kentucky, February 8, 1910; South Carolina,
February 19, 1910; Illinois, March 1, 1910; Mississippi,
March 7, 1910; Oklahoma, March 10, 1910; Maryland, April 8,
1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio,
January 19, 1911; Idaho, January 20, 1911; Oregon, January
23, 1911; Washington, January 26, 1911; Montana, January 27,
1911; Indiana, January 30, 1911; California, January 31,
1911; Nevada, January 31, 1911; South Dakota, February 1,
1911; Nebraska, February 9, 1911; North Carolina, February
11, 1911; Colorado, February 15, 1911; North Dakota,
February 17, 1911; Michigan, February 23, 1911; Iowa,
February 24, 1911; Kansas, March 2, 1911; Missouri, March
16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
Arkansas, April 22, 1911 (after having rejected the
amendment at the session begun January 9, 1911); Wisconsin,
May 16, 1911; New York, July 12, 1911; Arizona, April 3,
1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912;
West Virginia, January 31, 1913; Delaware, February 3, 1913;
Wyoming, February 3, 1913; New Mexico, February 3, 1913; New
Jersey, February 4, 1913; Vermont, February 19, 1913;
Massachusetts, March 4, 1913; New Hampshire, March 7, 1913
(after having rejected the amendment on March 2, 1911). The
amendment was rejected (and not subsequently ratified) by
Connecticut, Rhode Island, and Utah.
\10\The sixteenth amendment was proposed by Congress on
July 12, 1909, when it passed the House [44 Cong. Rec. (61st
Cong., 1st sess.) 4390, 4440, 4441], having previously
passed the Senate on July 5 [Id., 4121]. It appears
officially in 36 Stat. 184. Ratification was completed on
February 3, 1913, when the legislature of the thirty-sixth
State (Delaware, Wyoming, or New Mexico) approved the
amendment, there being then 48 States in the Union. On
February 25, 1913, Secretary of State Knox certified that
this amendment had become a part of the Constitution [37
Stat. 1785].
1737 AMENDMENT [XVII]
1737.1 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.
[[Page 1177]]
1737.2 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 seventeenth amendment \11\ was ratified by the
several State legislatures on the following dates:
Massachusetts, May 22, 1912; Arizona, June 3, 1912;
Minnesota, June 10, 1912; New York, January 15, 1913;
Kansas, January 17, 1913; Oregon, January 23, 1913; North
Carolina, January 25, 1913; California, January 28, 1913;
Michigan, January 28, 1913; Iowa, January 30, 1913; Montana,
January 30, 1913; Idaho, January 31, 1913; West Virginia,
February 4, 1913; Colorado, February 5, 1913; Nevada,
February 6, 1913; Texas, February 7, 1913; Washington,
February 7, 1913; Wyoming, February 8, 1913; Arkansas,
February 11, 1913; Illinois, February 13, 1913; North
Dakota, February 14, 1913; Wisconsin, February 18, 1913;
Indiana, February 19, 1913; New Hampshire, February 19,
1913; Vermont, February 19, 1913; South Dakota, February 19,
1913; Maine, February 20, 1913; Oklahoma, February 24, 1913;
Ohio, February 25, 1913; Missouri, March 7, 1913; New
Mexico, March 13, 1913; Nebraska, March 14, 1913; New
Jersey, March 17, 1913; Tennessee, April 1, 1913;
Pennsylvania, April 2, 1913; Connecticut, April 8, 1913;
Louisiana, June 5, 1914. The amendment was rejected by Utah
on February 26, 1913.
\11\ The seventeenth amendment was proposed by Congress
on May 13, 1912, when it passed the House [48 Cong. Rec.
(62d Cong., 2d sess.) 6367], having previously passed the
Senate on June 12, 1911 [47 Cong. Rec. (62d Cong., 1st
sess.) 1925]. It appears officially in 37 Stat. 646.
Ratification was completed on April 8, 1913, when the
thirty-sixth State (Connecticut) approved the amendment,
there being then 48 States in the Union. On May 31, 1913,
Secretary of State Bryan certified that it had become a part
of the Constitution [38 Stat. 2049].
*Amendment XVIII was repealed by amendment XXI, Senate
Manual section 1741.
1738 [AMENDMENT [XVIII]]*
1738.1 [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.
1738.2 [Section 2. The Congress and the several States shall
have concurrent power to enforce this article by appropriate
legislation.
[[Page 1178]]
1738.3 [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.]
The eighteenth amendment \12\ was ratified by the
several State legislatures on the following dates:
Mississippi, January 8, 1918; Virginia, January 11, 1918;
Kentucky, January 14, 1918; North Dakota, January 28, 1918
(date on which approved by Governor); South Carolina,
January 29, 1918; Maryland, February 13, 1918; Montana,
February 19, 1918; Texas, March 4, 1918; Delaware, March 18,
1918; South Dakota, March 20, 1918; Massachusetts, April 2,
1918; Arizona, May 24, 1918; Georgia, June 26, 1918;
Louisiana, August 9, 1918 (date on which approved by
Governor); Florida, November 27, 1918; Michigan, January 2,
1919; Ohio, January 7, 1919; Oklahoma, January 7, 1919;
Idaho, January 8, 1919; Maine, January 8, 1919; West
Virginia, January 9, 1919; California, January 13, 1919;
Tennessee, January 13, 1919; Washington, January 13, 1919;
Arkansas, January 14, 1919; Kansas, January 14, 1919;
Illinois, January 14, 1919; Indiana, January 14, 1919;
Alabama, January 15, 1919; Colorado, January 15, 1919; Iowa,
January 15, 1919; New Hampshire, January 15, 1919; Oregon,
January 15, 1919; Nebraska, January 16, 1919; North
Carolina, January 16, 1919; Utah, January 16, 1919;
Missouri, January 16, 1919; Wyoming, January 16, 1919;
Minnesota, January 17, 1919; Wisconsin, January 17, 1919;
New Mexico, January 20, 1919; Nevada, January 21, 1919; New
York, January 29, 1919; Vermont, January 29, 1919;
Pennsylvania, February 25, 1919; Connecticut, May 6, 1919;
New Jersey, March 9, 1922. The amendment was rejected (and
not subsequently ratified) by Rhode Island.
\12\ The eighteenth amendment was proposed by Congress
on December 18, 1917, when it passed the Senate [Cong. Rec.
(65th Cong., 2d sess.) 478], having previously passed the
House on December 17 [Id., 470]. It appears officially in 40
Stat. 1050. Ratification was completed on January 16, 1919,
when the thirty-sixth State approved the amendment, there
being then 48 States in the Union. On January 29, 1919,
Acting Secretary of State Polk certified that this amendment
had been adopted by the requisite number of States [40 Stat.
1941]. By its terms this amendment did not become effective
until 1 year after ratification.
1739 AMENDMENT [XIX]
1739.1 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 sex.
1739.2 Congress shall have power to enforce this article by
appropriate legislation.
The nineteenth amendment \13\ was ratified by the
several State legislatures on the following dates: Illinois,
June 10, 1919 (readopted
[[Page 1179]]
June 17, 1919); Michigan, June 10, 1919; Wisconsin, June 10,
1919; Kansas, June 16, 1919; New York, June 16, 1919; Ohio,
June 16, 1919; Pennsylvania, June 24, 1919; Massachusetts,
June 25, 1919; Texas, June 28, 1919; Iowa, July 2, 1919
(date on which approved by Governor); Missouri, July 3,
1919; Arkansas, July 28, 1919; Montana, August 2, 1919 (date
on which approved by Governor); Nebraska, August 2, 1919;
Minnesota, September 8, 1919; New Hampshire, September 10,
1919 (date on which approved by Governor); Utah, October 2,
1919; California, November 1, 1919; Maine, November 5, 1919;
North Dakota, December 1, 1919; South Dakota, December 4,
1919 (date on which certified); Colorado, December 15, 1919
(date on which approved by Governor); Kentucky, January 6,
1920; Rhode Island, January 6, 1920; Oregon, January 13,
1920; Indiana, January 16, 1920; Wyoming, January 27, 1920;
Nevada, February 7, 1920; New Jersey, February 9, 1920;
Idaho, February 11, 1920; Arizona, February 12, 1920; New
Mexico, February 21, 1920 (date on which approved by
Governor); Oklahoma, February 28, 1920; West Virginia, March
10, 1920; Washington, March 22, 1920; Tennessee, August 18,
1920; Connecticut, September 14, 1920 (confirmed September
21, 1920); Vermont, February 8, 1921; Delaware, March 6,
1923 (after having rejected it on June 2, 1920); Maryland,
March 29, 1941 (after having rejected it on February 24,
1920, ratification certified on February 25, 1958);
Virginia, February 21, 1952 (after having rejected it on
February 12, 1920); Alabama, September 8, 1953 (after having
rejected it on September 22, 1919); Florida, May 13, 1969;
South Carolina, July 1, 1969 (after having rejected it on
January 29, 1920); Georgia, February 20, 1970 (after having
rejected it on July 24, 1919); Louisiana, June 11, 1970
(after having rejected it on July 1, 1920); North Carolina,
May 6, 1971; Mississippi, March 22, 1984 (after having
rejected it on March 29, 1920).
\13\ The nineteenth amendment was proposed by Congress
on June 4, 1919, when it passed the Senate [Cong. Rec. (66th
Cong., 1st sess.) 635], having previously passed the House
on May 21 [Id., 94]. It appears officially in 41 Stat. 362.
Ratification was completed on August 18, 1920, when the
thirty-sixth State (Tennessee) approved the amendment, there
being then 48 States in the Union. On August 26, 1920,
Secretary of State Colby certified that it had become a part
of the Constitution [41 Stat. 1823].
1740 AMENDMENT [XX]
1740.1 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.
1740.2 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.
1740.3 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
[[Page 1180]]
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.
1740.4 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.
1740.5 Section 5. Sections 1 and 2 shall take effect on the
15th day of October following the ratification of this
article.
1740.6 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 twentieth amendment \14\ was ratified by the several
State legislatures on the following dates: Virginia, March
4, 1932; New York, March 11, 1932; Mississippi, March 16,
1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932;
New Jersey, March 21, 1932; South Carolina,
[[Page 1181]]
March 25, 1932; Michigan, March 31, 1932; Maine, April 1,
1932; Rhode Island, April 14, 1932; Illinois, April 21,
1932; Louisiana, June 22, 1932; West Virginia, July 30,
1932; Pennsylvania, August 11, 1932; Indiana, August 15,
1932; Texas, September 7, 1932; Alabama, September 13, 1932;
California, January 4, 1933; North Carolina, January 5,
1933; North Dakota, January 9, 1933; Minnesota, January 12,
1933; Arizona, January 13, 1933; Montana, January 13, 1933;
Nebraska, January 13, 1933; Oklahoma, January 13, 1933;
Kansas, January 16, 1933; Oregon, January 16, 1933;
Delaware, January 19, 1933; Washington, January 19, 1933;
Wyoming, January 19, 1933; Iowa, January 20, 1933; South
Dakota, January 20, 1933; Tennessee, January 20, 1933;
Idaho, January 21, 1933; New Mexico, January 21, 1933;
Georgia, January 23, 1933; Missouri, January 23, 1933; Ohio,
January 23, 1933; Utah, January 23, 1933; Colorado, January
24, 1933; Massachusetts, January 24, 1933; Wisconsin,
January 24, 1933; Nevada, January 26, 1933; Connecticut,
January 27, 1933; New Hampshire, January 31, 1933; Vermont,
February 2, 1933; Maryland, March 24, 1933; Florida, April
26, 1933.
\14\ The twentieth amendment was proposed by Congress on
March 2, 1932, when it passed the Senate [Cong. Rec. (72d
Cong., 1st sess.) 5086], having previously passed the House
on March 1 [Id., 5027]. It appears officially in 47 Stat.
745. Ratification was completed on January 23, 1933, when
the thirty-sixth State approved the amendment, there being
then 48 States in the Union. On February 6, 1933, Secretary
of State Stimson certified that it had become a part of the
Constitution [47 Stat. 2569].
A proposed amendment which would authorize Congress to
limit, regulate, and prohibit the labor of persons under 18
years of age was passed by Congress on June 2, 1924. This
proposal at the time it was submitted to the States was
referred to as ``the proposed 20th Amendment.'' It appears
officially in 43 Stat. 670.
The status of this proposed amendment is a matter of
conflicting opinion. The Kentucky Court of Appeals in Wise
v. Chandler (270 Ky. 1 [1937]) has held that it is no longer
open to ratification because: (1) Rejected by more than one-
fourth of the States; (2) a State may not reject and then
subsequently ratify, at least when more than one-fourth of
the States are on record as rejecting; and (3) more than a
reasonable time has elapsed since it was submitted to the
States in 1924 (for subsequent litigation in the Chandler
case see 303 U.S. 634 and 307 U.S. 474). The Kansas Supreme
Court in Coleman v. Miller (146 Kan. 390 [1937]) came to the
opposite conclusion.
On October 1, 1937, 27 States had ratified the proposed
amendment. Of these States 10 had previously rejected the
amendment on one or more occasions. At least 26 different
States have at one time rejected the amendment.
1741 AMENDMENT [XXI]
1741.1 Section 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
1741.2 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.
1741.3 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.
The twenty-first amendment \15\ was ratified by the
several State conventions on the following dates: Michigan,
April 10, 1933; Wisconsin, April 25, 1933; Rhode Island, May
8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933;
Delaware, June 24, 1933; Indiana, June 26, 1933;
Massachusetts, June 26, 1933; New York, June 27, 1933;
Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut,
July 11, 1933; New Hampshire, July 11, 1933; California,
July 24, 1933; West Virginia, July 25, 1933; Arkansas,
August 1, 1933; Oregon, August 7, 1933; Alabama, August 8,
1933; Tennessee, August 11, 1933; Missouri, August 29, 1933;
Arizona, September 5, 1933; Nevada, September 5, 1933;
Vermont, September 23, 1933; Colorado, September 26, 1933;
Washington, October 3, 1933; Minnesota, October 10, 1933;
Idaho, October
[[Page 1182]]
17, 1933; Maryland, October 18, 1933; Virginia, October 25,
1933; New Mexico, November 2, 1933; Florida, November 14,
1933; Texas, November 24, 1933; Kentucky, November 27, 1933;
Ohio, December 5, 1933; Pennsylvania, December 5, 1933;
Utah, December 5, 1933; Maine, December 6, 1933; Montana,
August 6, 1934. The amendment was rejected by a convention
in the State of South Carolina, on December 4, 1933. The
electorate of the State of North Carolina voted against
holding a convention at a general election held on November
7, 1933.
\15\ The twenty-first amendment was proposed by Congress
on February 20, 1933, when it passed the House [76 Cong.
Rec. (72d Cong., 2d sess.) 4516], having previously passed
the Senate on February 16 [Id., 4231]. It appears officially
in 47 Stat. 1625. Ratification was completed on December 5,
1933, when the thirty-sixth State (Utah) approved the
amendment, there being then 48 States in the Union. On
December 5, 1933, Acting Secretary of State Phillips
certified that it had been adopted by the requisite number
of States [48 Stat. 1749].
1742 AMENDMENT [XXII]
1742.1 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.
1742.2 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.
The twenty-second amendment \16\ was ratified by the
several State legislatures on the following dates: Maine,
March 31, 1947; Michigan, March 31, 1947; Iowa, April 1,
1947; Kansas, April 1, 1947; New Hampshire, April 1, 1947;
Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon,
April 3, 1947; Colorado, April 12, 1947; California, April
15, 1947; New Jersey, April 15, 1947; Vermont, April 15,
1947; Ohio, April 16, 1947; Wisconsin, April 16, 1947;
Pennsylvania, April 29, 1947; Connecticut, May 21, 1947;
Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
January 28, 1948; Mississippi, February 12, 1948; New York,
March 9, 1948; South Dakota, January 21, 1949; North Dakota,
February 25, 1949; Louisiana, May 17, 1950; Montana, January
25,
[[Page 1183]]
1951; Indiana, January 29, 1951; Idaho, January 30, 1951;
New Mexico, February 12, 1951; Wyoming, February 12, 1951;
Arkansas, February 15, 1951; Georgia, February 17, 1951;
Tennessee, February 20, 1951; Texas, February 22, 1951;
Utah, February 26, 1951; Nevada, February 26, 1951;
Minnesota, February 27, 1951; North Carolina, February 28,
1951; South Carolina, March 13, 1951; Maryland, March 14,
1951; Florida, April 16, 1951; Alabama, May 4, 1951. The
amendment was rejected (and not subsequently ratified) by
Oklahoma in June 1947, and Massachusetts on June 9, 1949.
\16\ The twenty-second amendment was proposed by
Congress on March 24, 1947, when the House agreed to Senate
amendment [93 Cong. Rec. (80th Cong., 1st sess.) 2389],
having previously been passed in the House of
Representatives on February 6, 1947 [93 Cong. Rec. (80th
Cong., 1st sess.) 872], and in the Senate on March 12, 1947,
with an amendment [93 Cong. Rec. (80th Cong., 1st sess.)
1978]. Ratification was completed on February 27, 1951, when
the legislature of the thirty-sixth State (Minnesota)
approved the amendment, there being then forty-eight States
in the Union. On March 1, 1951, the Administrator of General
Services, Jess Larson, certified that this amendment had
become a part of the Constitution.
1743 AMENDMENT [XXIII]
1743.1 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.
1743.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-third amendment \17\ was ratified by the
several State legislatures on the following dates: Hawaii,
June 23, 1960 (technical correction, June 30, 1960);
Massachusetts, August 22, 1960; New Jersey, December 19,
1960; New York, January 17, 1961; California, January 19,
1961; Oregon, January 27, 1961; Maryland, January 30, 1961;
Idaho, January 31, 1961; Maine, January 31, 1961; Minnesota,
January 31, 1961; New Mexico, February 1, 1961; Nevada,
February 2, 1961; Montana, February 6, 1961; Colorado,
February 8, 1961; Washington, February 9, 1961; West
Virginia, February 9, 1961; Alaska, February 10,
[[Page 1184]]
1961; Wyoming, February 13, 1961; South Dakota, February 14,
1961 (date of filing in Office of Secretary of State of
South Dakota); Delaware, February 20, 1961; Utah, February
21, 1961; Wisconsin, February 21, 1961; Pennsylvania,
February 28, 1961; Indiana, March 3, 1961; North Dakota,
March 3, 1961; Tennessee, March 6, 1961; Michigan, March 8,
1961; Connecticut, March 9, 1961; Arizona, March 10, 1961;
Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont,
March 15, 1961; Iowa, March 16, 1961; Missouri, March 20,
1961; Oklahoma, March 21, 1961; Rhode Island, March 22,
1961; Kansas, March 29, 1961; Ohio, March 29, 1961; New
Hampshire, March 30, 1961 (date in official notice; preceded
by ratification on March 29, 1961, which was annulled and
then repeated March 29). Arkansas rejected the proposal on
January 24, 1961.
\17\ The twenty-third amendment was proposed by Congress
on June 16, 1960, when the Senate agreed to S.J. Res. 39,
86th Cong., as passed by the House of Representatives on
June 14; which action consisted of substituting H.J. Res.
757 for the original text of S.J. Res. 39 [106 Cong. Rec.
(86th Cong., 2d sess.) 12571]. S.J. Res. 39 as approved by
the Senate on February 2, 1960 [106 Cong. Rec. (86th Cong.,
2d sess.) 12850-58], for the first time since 1789, proposed
several unrelated articles of amendment, though several
amendments cover several points in sections of an article;
as finally proposed it dealt with a single matter. It
appears officially in 74 Stat. 1057 under date of June 16,
1960. Ratification was completed on March 29, 1961, when the
legislature of the thirty-eighth State (Ohio) approved the
amendment, there being then fifty States in the Union. The
identity of the thirty-eighth State was in doubt until New
Hamphire by ``official notice'' determined March 30 as the
date of its ratification. On April 3, 1961, the
Administrator of General Services, John L. Moore, certified
that this amendment had become a part of the Constitution
(26 F.R. 2808 and 75 Stat. 847).
1744 AMENDMENT [XXIV]
1744.1 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.
1744.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-fourth amendment \18\ was ratified by the
several State legislatures on the following dates: Illinois,
November 14, 1962; New Jersey, December 3, 1962; Oregon,
January 25, 1963; Montana, January 28, 1963; West Virginia,
February 1, 1963; New York, February 4, 1963; Maryland,
February 6, 1963; California, February 7, 1963; Alaska,
February 11, 1963; Rhode Island, February 14, 1963; Indiana,
February 19, 1963; Utah, February 20, 1963; Michigan,
February 20, 1963; Colorado, February 21, 1963; Ohio,
February 27, 1963; Minnesota, February 27, 1963; New Mexico,
March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7,
1963; Idaho, March 8, 1963; Washington, March 14, 1963;
Vermont, March 15, 1963; Nevada, March 19, 1963;
Connecticut, March 20, 1963; Tennessee, March 21, 1963;
Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
Kansas, March 28, 1963; Massachusetts, March 28, 1963;
Nebraska, April 4, 1963; Florida, April 18, 1963; Iowa,
April 24, 1963; Delaware, May 1, 1963; Missouri, May 13,
1963; New Hampshire, June 16, 1963; Kentucky, June 27, 1963;
Maine, January 16, 1964; South Dakota, January 23, 1964;
Virginia, February 25,
[[Page 1185]]
1977; North Carolina, May 3, 1989. Mississippi rejected the
proposal on December 20, 1962.
\18\ The twenty-fourth amendment was proposed by
Congress on August 27, 1962, when it passed the House [108
Cong. Rec. (87th Cong., 2d sess.) 1767], having previously
passed the Senate on March 27, 1962 [Id., 5105]. It appears
officially in 76 Stat. 1259 under date of August 29, 1962.
Ratification was completed on January 23, 1964, when the
legislature of the thirty-eighth State (South Dakota)
approved the amendment, there being then fifty States in the
Union. On February 4, 1964, the Administrator of General
Services, Bernard L. Boutin, certified that this amendment
had become a part of the Constitution (29 F.R. 1715).
1745 AMENDMENT [XXV]
1745.1 Section 1. In case of the removal of the President from
office or of his death or resignation, the Vice President
shall become President.
1745.2 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.
1745.3 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.
1745.4 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\1\
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 re
[[Page 1186]]
ceipt 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.
\1\ So in original. Probably should be ``departments''.
The twenty-fifth amendment \19\ was ratified by the
several State legislatures on the following dates: Nebraska,
July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16,
1965; Massachusetts, August 9, 1965; Pennsylvania, August
18, 1965; Kentucky, September 15, 1965; Arizona, September
22, 1965; Michigan, October 5, 1965; Indiana, October 20,
1965; California, October 21, 1965; Arkansas, November 4,
1965; New Jersey, November 29, 1965; Delaware, December 7,
1965; Utah, January 17, 1966; West Virginia, January 20,
1966; Maine, January 24, 1966; Rhode Island, January 28,
1966; Colorado, February 3, 1966; New Mexico, February 3,
1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii,
March 3, 1966; Virginia, March 8, 1966; Mississippi, March
10, 1966; New York, March 14, 1966; Maryland, March 23,
1966; Missouri, March 30, 1966; New Hampshire, June 13,
1966; Louisiana, July 5, 1966; Tennessee, January 12, 1967;
Wyoming, January 25, 1967; Washington, January 26, 1967;
Iowa, January 26, 1967; Oregon, February 2, 1967; Minnesota,
February 10, 1967; Nevada, February 10, 1967; Connecticut,
February 14, 1967; Montana, February 15, 1967; South Dakota,
March 6, 1967; Ohio, March 7, 1967; Alabama, March 14, 1967;
North Carolina, March 22, 1967; Illinois, March 22, 1967;
Texas, April 25, 1967; Florida, May 25, 1967.
\19\ The twenty-fifth amendment was proposed by Congress
on July 6, 1965, when the Senate agreed to a conference
report, to which the House had previously agreed on June 30,
1965. It appears officially in 79 Stat. 1327. Ratification
was completed on February 10, 1967, when the legislature of
the thirty-eighth State (Nevada) approved the amendment,
there being then fifty States in the Union. On February 23,
1967, the Administrator of General Services, Lawson B.
Knott, Jr., certified that this amendment had become a part
of the Constitution (32 F.R. 3287).
1746 AMENDMENT [XXVI]
1746.1 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.
1746.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-sixth amendment \20\ was ratified by the
several State legislatures on the following dates:
Connecticut, March 23, 1971; Dela
[[Page 1187]]
ware, March 23, 1971; Minnesota, March 23, 1971; Tennessee,
March 23, 1971; Washington, March 23, 1971; Hawaii, March
24, 1971; Massachusetts, March 24, 1971; Montana, March 29,
1971; Arkansas, March 30, 1971; Idaho, March 30, 1971; Iowa,
March 30, 1971; Nebraska, April 2, 1971; New Jersey, April
3, 1971; Kansas, April 7, 1971; Michigan, April 7, 1971;
Alaska, April 8, 1971; Maryland, April 8, 1971; Indiana,
April 8, 1971; Maine, April 9, 1971; Vermont, April 16,
1971; Louisiana, April 17, 1971; California, April 19, 1971;
Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
Texas, April 27, 1971; South Carolina, April 28, 1971; West
Virginia, April 28, 1971; New Hampshire, May 13, 1971;
Arizona, May 14, 1971; Rhode Island, May 27, 1971; New York,
June 2, 1971; Oregon, June 4, 1971; Missouri, June 14, 1971;
Wisconsin, June 22, 1971; Illinois, June 29, 1971; Alabama,
June 30, 1971; Ohio, June 30, 1971; North Carolina, July 1,
1971; Oklahoma, July 1, 1971; Virginia, July 8, 1971;
Wyoming, July 8, 1971; Georgia, October 4, 1971.
\20\ The twenty-sixth amendment was proposed by Congress
on March 23, 1971, when it passed the House [117 Cong. Rec.
(92d Cong., 1st sess.) 7570], having previously passed the
Senate on March 10, 1971 [Id., 5830]. It appears officially
in 85 Stat. 825. Ratification was completed on July 1, 1971,
when the legislature of the thirty-eighth State (North
Carolina) approved the amendment, there being then fifty
States in the Union. On July 5, 1971, the Administrator of
General Services, Robert L. Kunzig, certified that this
amendment had become a part of the Constitution (36 F.R.
12725).
1747 AMENDMENT [XXVII]
1747.1 No law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.
1747.2 The twenty-seventh amendment \21\ was ratified by the
following States: Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; Delaware, January 28, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Ohio, May 6, 1873; Wyoming,
March 6, 1978; Maine, April 27, 1983; Colorado, April 22,
1984; South Dakota, February 21, 1985; New Hampshire, March
7, 1985; Arizona, April 3, 1985; Tennessee, May 23, 1985;
Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
Indiana, February 24, 1986; Utah, February 25, 1986;
Arkansas, March 6, 1987; Montana, March 17, 1987;
Connecticut, May 13, 1987; Wisconsin, July 15, 1987;
Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho,
March 23, 1989; Nevada, April 26, 1989; Alaska, May 6, 1989;
Oregon, May 19, 1989; Minnesota, May 22, 1989; Texas, May
25, 1989; Kansas, April 5, 1990; Florida, May 31, 1990;
North Dakota, March 25, 1991; Alabama, May 5, 1992;
Missouri, May 5, 1992; Michigan, May 7, 1992; New Jersey,
May 7, 1992; Illinois, May 12, 1992; California, June 26,
1992; Rhode Island, June 10, 1993.
\21\ The twenty-seventh amendment was the second of
twelve articles proposed by the First Congress on Sept. 25,
1789. Ratification was completed on May 7, 1992, when the
legislatures of the thirty-eighth and thirty-ninth States
(Michigan and New Jersey) approved the amendment, there
being then fifty States in the Union. On May 18, 1992, the
Archivist of the United States declared this amendment to
have become valid. (F.R. Doc. 92-11951, 57 F.R. 21187).
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