A People's History of the Supreme Court
Page 85
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.
AMENDMENT XIX
(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.
Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XX
(Ratified January 23, 1933)
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.
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 3.14 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.
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
(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
(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 become operative from holding the office of President or acting as President during the remainder of such term.
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
(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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXIV
(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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXV
(Ratified February 10, 1967)
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.
AMENDMENT XXVI
(Ratified July
1, 1971)
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.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXVII
(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.
Notes
1 The part in brackets was changed by Section 2 of the Fourteenth Amendment.
2 The part in brackets was changed by the first paragraph of the Seventeenth Amendment.
3 The part in brackets was changed by the second paragraph of the Seventeenth Amendment.
4 The part in brackets was changed by Section 2 of the Twentieth Amendment.
5 The Sixteenth Amendment gave Congress the power to tax incomes.
6 The material in brackets has been superseded by the Twelfth Amendment.
7 This provision has been affected by the Twenty-fifth Amendment.
8 These clauses were affected by the Eleventh Amendment.
9 This paragraph has been superseded by the Thirteenth Amendment.
10 Obsolete.
11 The part in brackets has been superseded by Section 3 of the Twentieth Amendment.
12 See the Nineteenth and Twenty-sixth Amendments.
13 This Amendment was repealed by Section 1 of the Twenty-first Amendment.
14 See the Twenty-fifth Amendment.
Source: U.S. Congress, House, Committee on the Judiciary, The Constitution of the United States of America, as Amended, 100th Cong., 1st sess., 1987, H Doc 100-94.
THE JUSTICES OF THE SUPREME COURT
NOTES
The notes for this book consist largely of citations to the source of quoted material. Each citation includes the name of the speaker or writer, the first few words of the quotation, and its source. For those readers who are not familiar with judicial citation form, material from the official reports of the Supreme Court, known as United States Reports, is cited by volume number and page. For example, the Supreme Court opinions in Roe v. Wade begin at page 113 of volume 410 of the U.S. Reports, and are cited as 410 U.S. 113. Full titles of cited books are listed in the Sources for Further Reading.
INTRODUCTION
xiv Tocqueville, “Scarcely any”: David M. O’Brien, Storm Center: The Supreme Court in American Politics, 209.
xv Brennan, “We look”: “The Constitution of the United States: Contemporary Ratification,” 27 South Texas Law Review 433 (1986), 433- 435.
CHAPTER 1
4 Avery, “surrounded with”: Peter C. Hoffer, Law and People in Colonial America, 87.
5 Zenger trial: id. at 87-88.
5 Adams, “any feeling”: id. at 88.
5 Body of Liberties: Edmund S. Morgan, The Puritan Dilemma, 169-173.
9 Roger Williams banishment: id. at 117-131.
10 Anne Hutchinson trial: id. at 147-153.
10 Madison, “There are”: Robert S. Alley, Without a Prayer, 21.
11 Jefferson, “meant to comprehend”: Sanford H. Cobb, The Rise of Religious Liberty in America, 498.
11 Saint Paul, “Wives, be subject”: Ephesians 5:22-24.
11 “Eve, because”: Marlene S. Wortman, Women in American Law, Vol. 1, 74.
12 “That if any”: id. at 69.
12 “the wife of John Spring”: id. at 71.
12 “It is not safe”: id. at 71-72.
12 Abigail Adams, “I long to hear”: id. at 74.
13 “Any married female”: id. at 128.
13 “There shall never”: The Colonial Laws of Massachusetts (Boston, 1889), 53.
14 “The obstinacy of many”: Paul Finkelman, The Law of Freedom and Bondage, 17.
14 “if any number”: id. at 19.
14 Slave Conspiracy of 1741: Howard Zinn, A People’s History of the United States, 36; Hoffer, 92-93.
15 Virginia Indian wars: Zinn, 12-13.
15 Plymouth Bay Indian wars: id. at 13-15.
CHAPTER 2
18 Webster, “So long as any”: William Peters, A More Perfect Union, 5.
18 Jay, “Our affairs seem”: Charles Mee, The Genius of the People, 39.
18 Franklin, “we discover”: id. at 58.
19 Madison, “Temporizing applications”: Peters, 13.
19 Madison, “I think with you”: ibid.
19 Madison, “the most oppressive”: id. at 62.
19 Madison, “thought it wrong”: James Madison, Notes of Debates in the Federal Convention of 1787 (Adrienne Koch, ed.), (cited below as Notes), 532.
20 Mount Vernon and Annapolis meetings: Mee, 8-10.
21 Madison, “I have sought”: id. at 68-69.
21 Randolph, “the Articles”: Notes, 30.
21 Washington, “lamented his want”: Notes, 24.
22 Madison, “unaware of the value”: Notes, 17.
22 Madison, “I may be thought”: Notes, ix.
22 Washington, “I know not”: Peters, 79-80.
22 Virginia Plan: Notes, 30-33.
23 Madison, “with much diffuseness”: Notes, 204.
23 Ellsworth, “a specimen”: Peters, 223-224.
24 Sherman, “should have as little”: Notes, 39.
24 Gerry, “The evils”: Notes, 39.
25 Mason, “argued strongly”: Notes, 39-40.
25 Mason, “Every master”: Notes, 504.
25 Madison, “considered the popular”: Notes, 40.
25 Dickinson, “he wished”: Notes, 82.
26 Madison, “lost their influence”: Notes, 83.
26 Gerry, “insisted that the commercial”: Notes, 86.
CHAPTER 3
27 Randolph, “disclaimed any intention”: Madison, Notes, 44.
28 Madison, “he had brought”: Notes, 44.
28 Madison, “So vague a term”: Notes, 605.
29 Gerry, “never expected”: Notes, 476.
30 Paterson, “good breeding”: Mee, 145.
30 Paterson, “he could regard”: Notes, 259.
30 Madison, “reminded Mr. Paterson”: Notes, 259.
31 Williamson, “a census”: Notes, 267.
31 Butler, “the labor of a slave”: Notes, 268.
31 Sherman, “thought the number”: Notes, 270.
31 King, “great force”: Notes, 270.
32 Butler, “the security”: Notes, 286.
32 Wilson, “all men wherever placed”: Notes, 287.
32 Madison, “expressed his apprehensions”: Notes, 293-295.
33 Randolph, “The vote”: Notes, 299.
33 Paterson, “it was high time”: Notes, 299.
33 Randolph, “was sorry”: Notes, 300.
33 Rutledge, “abandon everything”: Notes, 300-301.
33 Madison, “The time was wasted”: Notes, 301.
34 Butler, “to require”: Notes, 545.
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34 Sherman, “saw no more”: Notes, 546.
34 Martin, “weakened one part”: Notes, 502.
34 Rutledge, “Religion and humanity”: Notes, 502.
34 Sherman, “disapproved of the slave trade”: Notes, 503.
35 Mason, “infernal traffic”: Notes, 503-504.
35 Ellsworth, “Let us not”: Notes, 504.
35 Rutledge, “If the convention”: Notes, 507.
35 Morris, “may form a bargain”: Notes, 507.
35 Madison, “Twenty years”: Notes, 530.
CHAPTER 4
36 Madison, “administered by one”: Madison, Notes, 47, 112.
37 Wilson, “the executive consist”: Notes 45.
37 Franklin, “observed that it was”: Notes, 45.
37 Rutledge, “shyness of gentlemen”: Notes, 45-46.
37 Randolph, “strenuously opposed”: Notes, 46.
37 Wilson, “unity in the executive”: Notes, 47.
38 Gerry, “would be most likely”: Notes, 93.
38 Morris, “He ought”: Notes, 306.
39 Sherman, “the people at large”: Notes, 306.
39 Mason, “He conceived”: Notes, 308-309.
39 Morris, “the executive magistrate”: Notes, 322.
39 Madison, “seemed on the whole”: Notes, 327.
39 Mason, “by those who know”: Notes, 370-371.
41 Wilson, “opposed the appointment”: Notes, 67.
41 Rutledge, “by no means”: Notes, 67.