Amendments 11 to 27 Commentary

Amendment XI.

This amendment says that lawsuits brought by U.S. citizens or foreign countries against a state must be tried in state courts, not in federal courts, unless the state gives prior consent to try in federal court.  It was a reaction to the Chisholm v. Georgia Supreme Court decision that allowed U.S. citizens to try cases against citizens of other states in federal courts.   It protects state court authority in similar cases.   (Top)

Amendment XII.

This amendment changes how Presidents and Vice-Presidents are elected.   The electoral college must cast separate ballots for President and Vice-Presidents.   It changes Article II, Section 1, Clause 3.   It was a reaction to the confused election of 1800 when Jefferson and Burr, candidates of the same political party for President and Vice-President, respectively, received identical electoral votes.   (Top)

Amendment XIII.

This amendment ended slavery of any kind in the United States.   It also prohibits binding any person to work in exchange for debts.   (Top)

Amendment XIV.

This amendment grants citizenship to all persons born in the United States.   Its intent was to give former slaves the right to vote, but this provision was not implemented by former slave states, which determined voting requirements.   The 24th amendment and a series of related laws finally guaranteed black voting rights.   Remembering that this amendment was passed soon after the end of the Civil War, there are many punitive statements against seceeding states, but these were hardly implemented as animosities subsided following the war.   The "due process" guarantee in this amendment was intended to protect people from state opporession through the federal Bill of Rights, but it has been used (or abused) by people and corporations, with Supreme Court support, to vitiate government laws that infringe on their interests.   The "equal protection" clause makes it unlawful for states to discriminate against any group of citizens; in 1954, the Supreme Court used this clause to prohibit racially segregated schools.     Section 2 voided Article I, Section 2 of the Constitution whereby slaves were counted as three-fifths of a free person.   Amerindians were not counted as citizens, so they could not vote unless allowed by the states. Redress had to wait for June 2, 1924, with an Act of Congress. (Top)

Amendment XV.

This amendment replaced Section 2 of the 14th amendment to guarantee black voting rights, but it was flouted by the former slave states and some former non-slave states.   It took many demonstrations, riots, laws, the 24th amendment, and Supreme Court decisions for blacks to vote unobstructedly.   Recent events at the polls demonstrate continued resistance to this fundamental black right.   (Top)

Amendment XVI.

This amendment provides for an income tax levied directly on people.   It was a reaction to the Supreme Court declaring the income tax unconstitutional.   (Top)

Amendment XVII.

This amendment gave the right to elect federal Senators directly to the people of each state rather than the state legislatures.   It replaces Article I, Section 3, Clause 1 of the Constitution.   (Top)

Amendment XVIII.

This amendment prohibited the production, sale, carrying, and transportation of alcoholic beverages.   It was so unpopular that it was repealed by the 21st amendment.   (Top)

Amendment XIX.

This amendment gave women the right to vote in all federal and state elections.   It followed years of work by the women's suffrage movement.   (Top)

Amendment XX.

This amendment shortens the time between the election of federal officials, so that losing office-holders do not become "lame ducks" between the time of their defeat and the time they leave office.   (Top)

Amendment XXI.

This amendment repeals the 18th amendment.   (Top)

Amendment XXII.

This amendment limits the Presidency to two successive 4-year terms.   It also limits a President who serves at least two years of a second term to one more election of one term.   (Top)

Amendment XXIII.

This amendment gives the right to vote to District of Columbia residents.   They voted for president for the first time in 1964.   They have three electors in the electoral college for President.   The 2 shadow senators and 1 shadow rep are these electors.   They are in effect lobbyists for DC, which includes that perennial cause celebre, statehood ("Taxation without representation ...").   They have no voting powers in Congress. (Shadow senators are not new in US history.   Several territories sent them to Congress to lobby for the territory interests pending statehood.)   In addition, DC has 1 representative to Congress, who votes in committees, but not on the House floor.   Although they have no Federal legislators to represent their interests, DC citizens have the same rights and duties as other US citizens: serve on Federal and local juries, pay Federal and local taxes, send troops to war.   (Top)

Amendment XXIV.

This amendment abolished the "poll tax", a fee that former slave states required of voters to limit black voting rights, since many blacks were poor.   It ended the poll tax in federal elections and subsequent Supreme Court decisions voided poll taxes in state elections too.   (Top)

Amendment XXV.

This amendment changed Presidential and Vice-Presidential succession.   (Top)

Amendment XXVI.

This amendment gave 18-year olds the right to vote.   Until then, most states used 21 years as the minimum voting age.   (Top)

Amendment XXVII.

This amendment limits Congressional pay raise effectiveness to the suceeding session.   It ratified an amendment proposed among the 12 submitted to the states as the original Bill of Rights.   (Top)

Readers are advised to study these amendments and watch carefully how the three branches of the U.S. government interpret them in passing and administering laws.   A civil war, violence, demonstrations, riots, magnanimity and heroism are amply associated with these amendments.   They should not be taken for granted.   (Top)