This is a continuation of a previous series: We the people of the United States know very little detailed information about the constitution. In 2019, a study showed only 15 percent of Americans knew the Constitution was written in 1786. Only 25 percent knew there are 27 amendments to the Constitution. As American citizens, we should know the rights our country was founded on and the ones that were added on along the way. In our last installments we looked at everything from the bill of rights to women’s suffrage. In this article we will look at the voting age being moved, how long a president can stay president and the repeal of prohibition.
20. 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.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day.
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 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.
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.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
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 from the date of its submission.
Before this amendment was passed by Congress March 2, 1932 and ratified January 23, 1933 when a President was elected in November they wouldn’t make it to the White House until around March making the old President a “lame-duck” so to speak. This is why the 20th amendment is known as the “Lame-Duck Amendment.” This amendment drops that four month window down to two. We also see a new congress being sworn in on January 3rd rather than the original March 4th. This shortened the time defeated politicians could stay in office and affect public policy without being accountable to voters. Lastly we see the House having the ability to choose a new President in the event of the President’s death and the Senate choosing the Vice-President in the event of similar circumstances. If we see an electoral tie when voting this amendment gives congress the right to pass a law for presidential succession.
21. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
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.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
This is the only amendment written in order to cancel out another. The 21st amendment Passed by Congress February 20, 1933 and ratified December 5, 1933 amendment lifts prohibition of alcohol that was laid out by the 18th. Originally the 18th amendment was put in place to cure the ailments of society but the crime rate and popularity of speakeasies skyrocketed during the 1920’s. Rather than being passed by ⅔ of all houses and ¾ of all states like amendments in the past this one was passed through conventions. Ever since the 21st amendment state and local agencies have had control of prohibition all states leaving it behind it by 1966.
22. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by 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.
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 22nd amendment gives us the two term maximum for a person to be president. The amendment, passed March 21, 1947 and ratified February 27, 1951, made it so someone can’t serve more than two 4 year terms. Someone could potentially be president for 10 years if they step up as President during the last two years of a term. They would still be eligible to run for two terms. No one, other than FDR, has been president more than 2 terms. This amendment was passed after FDR died in 1945 a few months into his 4th term. Today this amendment still only allows for two term or 10 year maximum.
23. The District constituting the seat of Government of the United States shall appoint in such manner as 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.
The Congress shall have power to enforce this article by appropriate legislation.
This amendment, passed June 16, 1960 then ratified March 29, 1961 gives the people of Washington D.C. representation. The amendment was backed by both parties but still did not give D.C. local government. The amendment gives D.C. three electoral votes which is the equivalent to Wyoming. D.C. is currently not allowed any more votes than the state with the least amount of representation. In 1973 congress passed the DC Home Rule Act which gave them local government and legislation. They currently have one House representative with limited voting privileges and no Senate representation.
24. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.
The Congress shall have power to enforce this article by appropriate legislation.
The 24th amendment passed by Congress August 27, 1962 then ratified January 23, 1964 put an end to the poll taxes. Poll taxes had been a requirement of mostly southern states in order to vote. Often the person was required to pay tax for that year and any previous year tax that they had failed to pay. This resulted in parts of the population not being able to afford to vote. The 24th amendment has had little impact since it abolished poll taxes in federal elections. The cost of producing documents for Voter Identification laws and paying court fines are currently not seen as poll taxes but there is a lot of controversy.
25. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
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.
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.
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.
The 25th amendment was passed by Congress July 6, 1965 then ratified February 10, 1967 following the assassination of John F. Kennedy in 1963. This amendment lays out succession in the event of a President’s death. It also allows the Vice President and the Cabinet to remove the President from office if they believe the President is unable to perform their duties. The president can fight this motion but if the Vice President and the Cabinet persist it ultimately comes down to Congress to make the decision. We also see the President’s ability to delegate power to the Vice President then return once they are able to perform their duties. This was used when both Presidents George W. Bush and Ronald Raegan underwent medical procedures. This amendment has never been used to remove a president, however, it has been used to fill the Vice President role twice. This amendment allows for the acting President to nominate a new Vice President but they must be approved by congress. The only time in recent history this happened was during the Nixon administration. There were times before it’s ratification that it could have proven useful.
26. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
The Congress shall have power to enforce this article by appropriate legislation.
The 26th amendment was proposed to congress March 23, 1971 and ratified July 1, 1971. This makes it the fastest ratification process of any amendment so far. This amendment was first talked about during WWII when the slogan “Old enough to fight, Old enough to vote” came out after FDR lowered the draft age to 18. The slogan was later adopted by student activists during the vietnam war. The quickly ratified amendment gave citizens the age of 18 and older the ability to vote in state and federal elections. This amendment still gives us the right to vote beginning at 18 today.
27. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.
We follow the amendment with the shortest ratification process with the longest. The 27th amendment was originally proposed by Jame Madison in september of 1789 along with the original Bill of Rights. The states did not ratify it until May 7, 1992 when a student, Gregory Watson, wrote a paper about the amendment that hadn’t been ratified. He began to push for its ratification after receiving a C; he prevailed when it began to gain traction with Maine Senator William Cohen in 1983. This amendment prevents House members and Senators from giving themselves pay raises without consulting the electorate. Any decrease or raise would go into effect after another election had been held and that official was re-elected. This way if the public has issues with any change in salary today they could remove the official by voting them out.
The Constitution and the amendments are our building blocks. All decisions in law-making are decided around our rights as people. Knowing where we come from is very important for knowing where we are going as a country. It is our job as American citizens to protect freedom in any way we can. The best way we can do that is by knowing what rights we and our lawmakers have that way none of them are ever forgotten.
Written by: Erinn Malloy
