    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
    [107th Congress]
    [House Document 106-320]
    [The United States Constitution]
    [Pages 87-118]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 87]]

       articles in addition to, and amendment of, the constitution of the

      united states of america, proposed by congress, and ratified by the

          several states pursuant to the fifth article of the original

                           constitution\1\
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      \1\ The first 10 amendments to the Constitution of the
    United States were proposed to the legislatures of the several States by
    the First Congress on September 25, 1789 (this date and the date
    succeeding amendments were proposed is the date of final congressional
    action--signature by the presiding officer of the Senate--as is shown in
    the Senate Journals). They were ratified by the following States, on the
    dates shown, and the notifications by the governors thereof of
    ratification were communicated by the President to Congress: 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; and Virginia, December 15, 1791. Ratification was
    completed on December 15, 1791. The amendments were subsequently
    ratified by Massachusetts, March 2, 1939; Georgia, March 18, 1939; and
    Connecticut, April 19, 1939.

                                  AMENDMENT I.

    Sec. 208. Freedom of religion, of speech, and of
    peaceable assembly.

      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.

                                  AMENDMENT II.

    [[Page 88]]

    Sec. 209. The right to bear arms.

      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.

                                 AMENDMENT III.

    Sec. 210. Quartering of soldiers in houses.

      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.

                                  AMENDMENT IV.

    Sec. 211. Security from unreasonable searches and
    seizures.

      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.

                                  AMENDMENT V.

    [[Page 89]]

    Sec. 212. Security as to accusations, trials, and
    property.

      No  person shall be held to answer for a capital, or otherwise
    infamous crime, unless on a presentment or indictment of a Grand Jury,
    except in cases arising in the land or naval forces, or in the Militia,
    when in actual service in time of War or public danger; nor shall any
    person be subject for the same offence to be twice put in jeopardy of
    life or limb; nor shall be compelled in any Criminal Case to be a
    witness against himself; nor be deprived of life, liberty, or property,
    without due process of law; nor shall private property be taken for
    public use, without just compensation.

                                  AMENDMENT VI.

    Sec. 213. Right to trial by jury and to confront witnesses
    and secure testimony.

      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.

                                 AMENDMENT VII.

    Sec. 214. Jury trial in suits at common law.

      In  suits at
    common law, where the value in Controversy shall exceed twenty dollars,
    the right of trial by jury shall be preserved, and no fact tried by a
    jury shall be otherwise re-examined in any Court of the United States,
    than according to the rules of the common law.

    <>   Excessive bail shall not be required, nor excessive
    fines imposed, nor cruel and unusual punishments inflicted.

    [[Page 90]]

                                 AMENDMENT VIII.

    <>   The enumeration in
    the Constitution, of certain rights, shall not be
    construed to deny or disparage others retained by the people.

                                  AMENDMENT IX.

                                  AMENDMENT X.

    Sec. 217. Powers reserved to the States.

      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.

                           AMENDMENT XI.\2\

    Sec. 218. Extent of the judicial power

      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.
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    [[Page 91]]

      \2\ The 11th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    Third Congress on March 11, 1794; and was declared in a message from the
    President to Congress dated the 8th of January, 1798, to have been
    ratified by the legislatures of three-fourths of the States. The dates
    of ratification were: New York, March 27, 1794; Rhode Island, March 31,
    1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794;
    Massachusetts, June 26, 1794; Vermont, October 28, 1794; Virginia,
    November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7,
    1794; Maryland, December 26, 1794; Delaware, January 23, 1795; and North
    Carolina, February 7, 1795. Ratification was completed on February 7,
    1795. The amendment was subsequently ratified by South Carolina on
    December 4, 1797. New Jersey and Pennsylvania did not take action on the
    amendment.

                          AMENDMENT XII.\3\

    Sec. 219. Meeting of the electors and transmission and
    count of their votes.

      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 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 presence
    of the Senate and House of Representatives, open all the certificates
    and the votes shall then be counted;-- * * *
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    [[Page 92]]

    ---------------------------------------------------------------------------
      \3\ The 12th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    Eighth Congress on December 12, 1803, in lieu of the original third
    paragraph of the first section of the second article, and was declared
    in a proclamation of the Secretary of State, dated the 25th of
    September, 1804, to have been ratified by the legislatures of three-
    fourths of the States. The dates of ratification were: North Carolina,
    December 21, 1803; Maryland, December 24, 1803; Kentucky, December 27,
    1803; Ohio, December 30, 1803; Virginia, December 31, 1803;
    Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York,
    February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March
    12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New
    Hampshire, June 15, 1804. Ratification was completed on June 15, 1804.
    The amendment was subsequently ratified by Tennessee on July 27, 1804.
    The amendment was rejected by Delaware, January 18, 1804; Massachusetts,
    February 3, 1804; and by Connecticut at its session begun May 10, 1804.

    Sec. 220. The electoral count.

      The  electoral count occurs in
    a joint session of the two Houses in the Hall of the House (III, 1819)
    at 1 p.m. on the sixth day of January succeeding every meeting of
    electors (3 U.S.C. 15). The Vice President, as President of the Senate
    (or the President pro tempore in the Vice President's absence), presides
    over the joint session (3 U.S.C. 15). The date of the count has been
    changed by law as follows: (1) the 1957 count was changed to Monday,
    January 7 (P.L. 84-436); (2) the 1985 count was changed to Monday,
    January 7 (P.L. 98-456); (3) the 1989 count was changed to Wednesday,
    January 4 (P.L. 100-646); and (4) the 1997 count was changed to
    Thursday, January 9 (P.L. 104-296).

      Sections 15-18 of title 3 of the United States Code prescribe in
    detail the procedure for the count. Nevertheless, the two Houses
    traditionally adopt a concurrent resolution providing for the meeting in
    joint session to count the vote, for the appointment of tellers, and for
    the declaration of the state of the vote (III, 1961; Deschler's
    Precedents, vol. 3, ch. 10, sec. 2.1). Under the law governing the
    proceedings, the two Houses divide to consider an objection to the
    counting of any electoral vote or ``other question arising in the
    matter'' (3 U.S.C. 15-18; Jan. 6, 1969, pp. 145-47; Jan. 6, 2001, p. --
    --), but only when in writing and signed by both a Member and a Senator
    (Jan. 6, 2001, p. ----). Examples of an ``other question arising in the
    matter'' include: (1) an objection for lack of a quorum (Jan. 6, 2001,
    p. ----); (2) a motion that either House withdraw from the joint session
    (Jan. 6, 2001, p. ----); and (3) an appeal from a ruling by the
    presiding officer (Jan. 6, 2001, p. ----). Such questions are not
    debatable in the joint session (3 U.S.C. 18; Jan. 6, 2001, p. ----).
    When the two Houses have divided, a motion in the House to lay the
    objection on the table is not in order (Jan. 6, 1969; pp. 169-72). A
    Vice President-elect, as Speaker of the House, has participated in the
    ceremonies (VI, 446). See Deschler's Precedents, vol. 3, ch. 10 for
    further discussion. When addressing a controvery over the election of
    President and Vice President in the state of Florida, the Supreme Court
    indicated its view of a section of the statute (3 U.S.C. 5) addressing a
    determination of controversy as to the appointment of electors (Bush v
    Palm Beach County Canvassing Bd. (531 U.S. ---- (2000)). Ultimately, the
    Supreme Court found that the Florida Supreme Court violated the Equal
    Protection Clause of the 14th amendment by ordering certain counties to
    conduct manual recounts of the votes for President and Vice President
    without establishing standards for those recounts (Bush v Gore (531 U.S.
    ---- (2000)).

    [[Page 93]]

    have such majority, then from the persons having the highest numbers not
    exceeding three on the list of those voted for as President, the House
    of Representatives shall choose immediately, by ballot, the President.
    But in choosing the President, the votes shall be taken by states, the
    representation from each state having one vote; a quorum for this
    purpose shall consist of a member or members from two-thirds of the
    states, and a majority of all the states shall be necessary to a choice.
    And if the House of Representatives shall not choose a President
    whenever the right of choice shall devolve upon them, before the fourth
    day of March next following, then the Vice-President shall act as
    President, as in 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.

    [[Page 94]]

    Sec. 221. Elections of President and Vice President
    by the House and Senate in certain cases.

      * * * 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

    Sec. 222. History of original provision for failure of
    electoral college to choose.

      The  20th amendment to the Constitution has
    clarified some of the provisions of the 12th amendment. In 1801 (III,
    1983), the House of Representatives chose a President under article II,
    section 1, clause 3 (see Sec. 152a, supra), the constitutional provision
    superseded by the 12th amendment.

    Sec. 223. Occasions of election by House and Senate after
    1803.

      In  1825 the House elected a President under the 12th amendment
    (III, 1985); and in 1837 the Senate elected a Vice President (III,
    1941).

                          AMENDMENT XIII.\4\

    [[Page 95]]

    exist within the United States, or any place subject to their
    jurisdiction.
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    Sec. 224. Prohibition of slavery and involuntary
    servitude.

      Section 1.  Neither slavery nor involuntary servitude, except as a
    punishment for crime whereof the party shall have been duly convicted,
    shall

      \4\ The 13th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    38th Congress, on February 1, 1865, and was declared, in a proclamation
    of the Secretary of State, dated the 18th of December 1865, to have been
    ratified by the legislatures of 27 of the 36 States. The dates of
    ratification were: Illinois, February 1, 1865; Rhode Island, February 2,
    1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York,
    February 3, 1865; Pennsylvania, February 3, 1865; West Virginia,
    February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865;
    Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia,
    February 9, 1865; Ohio, February 16, 1865; Indiana, February 13, 1865;
    Nevada, February 16, 1865; Louisiana, February 17, 1865; Minnesota,
    February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865;
    Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4,
    1865; New Hampshire, July 1, 1865; South Carolina, November 13, 1865;
    Alabama, December 2, 1865; North Carolina, December 4, 1865; and
    Georgia, December 6, 1865. Ratification was completed on December 6,
    1865. The amendment was subsequently ratified by Oregon, December 8,
    1865; California, December 19, 1865; Florida, December 28, 1865 (Florida
    again ratified on June 9, 1868, upon its adoption of a new
    constitution); Iowa, January 15, 1866; New Jersey, January 23, 1866
    (after having rejected the amendment on March 16, 1865); Texas, February
    18, 1870; Delaware, February 12, 1901 (after having rejected the
    amendment on February 8, 1865); Kentucky, March 30, 1976 (after hearing
    rejected the amendment on February 24, 1865). The amendment was rejected
    by Mississippi, December 4, 1865.
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      Section 2. Congress shall have power to enforce this article by
    appropriate legislation.

                          AMENDMENT XIV.\5\

    [[Page 96]]

    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.
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    Sec. 225. Citizenship security and
    equal protection of citizens.

      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

      \5\ The 14th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    39th Congress, on June 15, 1866. On July 20, 1868, the Secretary of
    State issued a proclamation that the 14th amendment was a part of the
    Constitution if withdrawals of ratification were ineffective. On July
    21, 1868, Congress adopted and transmitted to the Department of State a
    concurrent resolution declaring that ``the legislatures of the States of
    Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio,
    Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana,
    Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas,
    Florida, North Carolina, Alabama, South Carolina, and Louisiana, being
    three-fourths and more of the several States of the Union, have ratified
    the fourteenth article of amendment to the Constitution of the United
    States, duly proposed by two-thirds of each House of the Thirty-ninth
    Congress: Therefore Resolved, That said fourteenth article is hereby
    declared to be a part of the Constitution of the United States, and it
    shall be duly promulgated as such by the Secretary of State.'' The
    Secretary of State accordingly issued a proclamation, dated July 28,
    1868, declaring that the proposed 14th amendment had been ratified, in
    the manner hereafter mentioned, by the legislatures of 28 States. The
    dates of ratification were: Connecticut, June 30, 1866; New Hampshire,
    July 6, 1866; Tennessee, July 18, 1866; New Jersey, September 11, 1866
    (subsequently, on February 20, 1868, the legislature rescinded its
    ratification, and on March 24, 1868, readopted its resolution of
    rescission over the Governor's veto); Oregon, September 19, 1866; New
    York, January 10, 1867; Ohio, January 11, 1867 (subsequently rescinded
    its ratification on January 13, 1868); Illinois, January 15, 1867; West
    Virginia, January 16, 1867; Michigan, January 16, 1867; Minnesota,
    January 16, 1867; Kansas, January 17, 1867; Maine, January 19, 1867;
    Nevada, January 22, 1867; Indiana, January 23, 1867; Missouri, January
    25, 1867; Pennsylvania, February 6, 1867; Rhode Island, February 7,
    1867; Wisconsin, February 13, 1867; Massachusetts, March 20, 1867;
    Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6, 1868;
    Florida, June 9, 1868; North Carolina, July 4, 1868 (after having
    rejected the amendment December 14, 1866); Louisiana, July 9, 1868
    (after having rejected the amendment February 6, 1867); South Carolina,
    July 9, 1868 (after having rejected the amendment December 20, 1866).
    Ratification was completed on July 9, 1868. The amendment was
    subsequently ratified by Alabama, July 13, 1868; Georgia, July 21, 1868
    (after having rejected it on November 9, 1866); Virginia, October 8,
    1869 (after having rejected it on January 9, 1867); Mississippi, January
    17, 1870; Texas, February 18, 1870 (after having rejected it on October
    27, 1866); Delaware, February 12, 1901 (after having rejected it on
    February 8, 1867); Maryland, April 4, 1959 (after having rejected it on
    March 23, 1867); California, May 6, 1959; Kentucky, March 30, 1976
    (after having rejected it on January 10, 1867).
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    [[Page 97]]

    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.

    Sec. 226. Apportionment of
    representation.

      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

    Sec. 227. Law governing the establishment of
    districts.

      There  has been a readjustment of House representation each 10
    years except during the period 1911 to 1929 (VI, 41, footnote). From
    March 4, 1913, permanent House membership has remained fixed at 435 (VI,
    40, 41; 37 Stat. 13). Upon admission of Alaska and Hawaii to statehood,
    total membership was temporarily increased to 437 until the next
    reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress has by law
    provided for automatic apportionment of the 435 Representatives among
    the States according to each census including and after that of 1950 (2
    U.S.C. 2a). The Apportionment Act formerly provided that the districts
    in a State were to be composed of contiguous and compact territory
    containing as nearly as practicable an equal number of inhabitants (I,
    303; VI, 44); but subsequent apportionment Acts, those of 1929 (46 Stat.
    26) and 1941 (55 Stat. 761), omitted such provisions (see Wood v. Broom,
    287 U.S. 1 (1932)). Congress has by law provided that for the 91st and
    subsequent Congresses each State entitled to more than one
    Representative shall establish a number of districts equal to the number
    of such Representatives, and that Representatives shall be elected only
    from the single-Member districts so established. (Hawaii and New Mexico
    were excepted from the operation of this statute for the elections to
    the 91st Congress by Public Law 90-196; see 2 U.S.C. 2c). After any
    apportionment, until a State is redistricted in a manner provided by its
    own law and in compliance with the congressional mandate, the question
    of whether its Representatives shall be elected by districts, at large,
    or by a combination of both, is determined by the Apportionment Act of
    1941 (2 U.S.C. 2a). See Deschler's Precedents, vol. 2, ch. 8 for
    apportionment and districting.

    Sec. 228. Questions as to elections.

      The  House has always
    seated Members elected at large in the States, although the law required
    election by districts (I, 310, 519). Questions have arisen from time to
    time when a vacancy has occurred soon after a change in districts, with
    the resulting question whether the vacancy should be filled by election
    in the old or new district (I, 311, 312, 327). The House has declined to
    interfere with the act of a State in changing the boundaries of a
    district after the apportionment has been made (I, 313).

    [[Page 98]]

      The Attorney General has stated that all Indians are subject to
    taxation. 39 Op. Att'y Gen. 518 (1940).

    Sec. 229. Requirement that districts be equally
    populated.

      The Supreme  Court has ruled that congressional districts must be as
    equally populated as practicable. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). The Court has made
    clear that variances in population among congressional districts within
    a State may be considered de minimis only if they cannot practicably be
    avoided. If such variances, no matter how mathematically miniscule,
    could have been reduced or eliminated by a good faith effort, then they
    may be justified only on the basis of a consistent, rational State
    policy. Karcher v. Daggett, 462 U.S. 725 (1983). The Court has also made
    evident that it will take judicial review of a claims that apportionment
    schemes lack consistent, rational bases. Davis v. Bandemer, 478 U.S. 109
    (1986) (holding political gerrymandering complaint justiciable under
    equal protection clause).

    -  Congress <> has by law removed generally the
    disabilities arising from the Civil War (30 Stat. L., p. 432). Soon
    after the war various questions arose under this section (I, 386, 393,
    455, 456). For disloyalty to the United States, for giving aid and
    comfort to a public enemy, for publication of expressions hostile to the
    Government a Member-elect was denied a seat in the House (VI, 56, 58).
    As to the meaning of the words ``aid or comfort'' as used in the 14th
    amendment (VI, 57).

    [[Page 99]]

    Sec. 230. Loyalty as a qualification of Senators
    and Representatives.

      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.

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

    Sec. 232. Validity of the national debt, etc.

      Section 4.  The
    validity of the public debt of the United States, authorized by law,
    including debts incurred for payment of pensions and bounties for
    services in suppressing insurrection or rebellion, shall not be
    questioned. But neither the United States nor any State shall assume or
    pay any debt or obligation incurred in aid of insurrection or rebellion
    against the United States, or any claim for the loss or emancipation of
    any slave; but all such debts, obligations and claims shall be held
    illegal and void.

      Congress may legislate under this section to protect voting rights by
    pre-empting state qualifications for electors which are discriminatory
    (Katzenbach v. Morgan, 384 U.S. 641 (1966)), and may lower the voting
    age in Federal (but not State) elections (Oregon v. Mitchell, 400 U.S.
    112 (1970)).

                           AMENDMENT XV.\6\

    Sec. 234. Suffrage not to be abridged for race,
    color, etc.

      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.
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    [[Page 100]]

      \6\ The 15th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    40th Congress on February 26, 1869, and was declared, in a proclamation
    of the Secretary of State, dated March 30, 1870, to have been ratified
    by the legislatures of 29 of the 37 States. The dates of these
    ratifications were: Nevada, March 1, 1869; West Virginia, March 3, 1869;
    North Carolina, March 5, 1869; Illinois, March 5, 1869; Louisiana, March
    5, 1869; Michigan, March 8, 1869; Wisconsin, March 9, 1869; Maine, March
    11, 1869; Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
    Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York, April
    14, 1869 (subsequently withdrew its consent to the ratification on
    January 5, 1870 but rescinded this action 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,
    but had 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; Ohio, January
    27, 1870 (after having rejected the amendment April 30, 1869); Georgia,
    February 2, 1870; Iowa, February 3, 1870. Ratification was completed on
    February 3, 1870, unless the withdrawal of ratification by New York was
    effective; in which event ratification was completed on February 17,
    1870, when ratified by Nebraska. The amendment was subsequently ratified
    by Texas, February 18, 1870; New Jersey, February 15, 1871 (after having
    rejected it on February 7, 1870); Delaware, February 12, 1901 (after
    having rejected it on March 18, 1869); Oregon, February 24, 1959;
    California, April 3, 1962 (after having rejected it on January 28,
    1870); Maryland, May 7, 1973 (after having rejected it on February 4 and
    February 26, 1870); Kentucky, March 30, 1976 (after having rejected it
    on March 11 and March 12, 1869); and Tennessee, April 2, 1997, (after
    having rejected it on November 16, 1869).

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

                          AMENDMENT XVI.\7\

    [[Page 101]]

    tionment among the several States, and without regard to any census or
    enumeration.
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    Sec. 235. Taxes on incomes.

      The  Congress shall have power to
    lay and collect taxes on incomes, from whatever source derived, without
    appor

      \7\ The 16th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    61st Congress on July 16, 1909, and was declared, in a proclamation of
    the Secretary of State dated February 25, 1913, to have been ratified by
    the legislatures of 36 of the 48 States. The dates of ratification were:
    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 30, 1911; Indiana, January 30, 1911; California, January 31,
    1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;
    Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado,
    February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18,
    1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri,
    March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
    Arkansas, April 22, 1911 (after having rejected it at the session begun
    January 9, 1911); Wisconsin, May 26, 1911; New York, July 12, 1911;
    Arizona, April 6, 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. Ratification
    was completed on February 3, 1913. The amendment was subsequently
    ratified by New Jersey, February 4, 1913; Vermont, February 19, 1913
    (after having rejected the amendment January 17, 1911); Massachusetts,
    March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the
    amendment March 2, 1911). The amendment was rejected by Rhode Island,
    April 29, 1910; Utah, March 9, 1911; Connecticut, June 28, 1911; and
    Florida, May 31, 1913. Pennsylvania and Virginia did not complete
    action.
    ---------------------------------------------------------------------------

                          AMENDMENT XVII.\8\

                           (See Article I, Section 3.)

    [[Page 102]]

    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.
    ---------------------------------------------------------------------------

    Sec. 236. Election of Senators by direct vote.

      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

      \8\ The 17th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the 62d
    Congress on May 15, 1912, and was declared, in a proclamation by the
    Secretary of State dated May 31, 1913, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of ratification were:
    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; Maine, 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; 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. Ratification was completed on April 8, 1913.
    The amendment was subsequently ratified by Louisiana, June 11, 1914. The
    amendment was rejected by Utah, February 26, 1913; Delaware, March 18,
    1913. Alabama, Florida, Georgia, Rhode Island, and South Carolina did
    not complete action.
    ---------------------------------------------------------------------------

      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.

    Sec. 237. Filling vacancies in the Senate.

      Senator  Rebecca
    L. Felton, appointed during the recess of the Senate on October 3, 1922,
    to fill a vacancy, was the first woman to sit in the Senate (VI, 156).
    Senator Walter F. George was elected to fill the vacancy on Novem-
    ber 7, 1922. Mrs. Felton took the oath of office on November 21, 1922,
    and Senator George took the oath November 22, 1922 (VI, 156). Discussion
    as to the term of service of a Senator appointed by a State executive to
    fill a vacancy (VI, 156).

    [[Page 103]]

    Sec. 238. Qualifications of electors.

      The  right of an
    elector to vote for a Senator is fundamentally derived from the United
    States Constitution (United States v. Aczel 219 F.2d 917 (1915)) and may
    not be denied in a discriminatory fashion (Chapman v. King, 154 F.2d 460
    (1946), cert. denied, 327 U.S. 800 (1946); Forssenius v. Harman, 235 F.
    Supp. 66 (1964), affd., 380 U.S. 529 (1965)).

                         AMENDMENT XVIII.\9\

                  [See Amendment XXI, repealing this Amendment]

    Sec. 239. Prohibition of intoxicating
    liquors.

      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 territories subject to the jurisdiction thereof for
    beverage purposes is hereby prohibited.
    ---------------------------------------------------------------------------

      \9\ The 18th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    65th Congress on December 18, 1917, and was declared in a proclamation
    by the Secretary of State dated January 29, 1919, to have been ratified
    by the legislatures of 36 of the 48 States. The dates of these
    ratifications were: Mississippi, January 8, 1918; Virginia, January 11,
    1918; Kentucky, January 14, 1918; North Dakota, January 25, 1918; 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 3, 1918; Florida,
    December 3, 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; 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. Ratification was completed
    on January 16, 1919. The amendment was subsequently ratified by
    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; and New Jersey, March 9, 1922. Rhode Island rejected the
    amendment.
    ---------------------------------------------------------------------------

    [[Page 104]]

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

      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of the
    several States, as provided in the Constitution, within seven years from
    the date of the submission hereof to the States by the Congress.]

                          AMENDMENT XIX.\10\

    Sec. 240. Womens suffrage.

      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.
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    ---------------------------------------------------------------------------

    [[Page 105]]

      \10\ The 19th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    66th Congress on June 5, 1919, and was declared in a proclamation by the
    Secretary of State dated August 26, 1920, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of these ratifications
    were: Illinois, June 10, 1919 (and that State readopted its resolution
    of ratification 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; Missouri, July 3, 1919; Arkansas,
    July 28, 1919; Montana, August 2, 1919; Nebraska, August 2, 1919;
    Minnesota, September 8, 1919; New Hampshire, September 10, 1919; Utah,
    October 2, 1919; California, November 1, 1919; Maine, November 5, 1919;
    North Dakota, December 1, 1919; South Dakota, December 4, 1919;
    Colorado, December 15, 1919; 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; Oklahoma, February 28, 1920; West
    Virginia, March 10, 1920; Washington, March 22, 1920; Tennessee, August
    28, 1920. Ratification was completed on August 28, 1920. The amendment
    was subsequently ratified by Connecticut, September 14, 1920 (and that
    State reaffirmed on September 21, 1920); Vermont, February 8, 1921;
    Delaware, March 6, 1923 (after having rejected the amendment on June 2,
    1920); Maryland, March 29, 1941 (after having rejected the amendment on
    February 24, 1920; ratification certified February 25, 1958); Virginia,
    February 21, 1952 (after having rejected the amendment February 12,
    1920); Alabama, September 8, 1953 (after having rejected the amendment
    September 22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969
    (after having rejected the amendment on January 28, 1920); Georgia,
    February 20, 1970 (after having rejected the amendment 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 the amendment on March 29, 1920).

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

                          AMENDMENT XX.\11\

    [[Page 106]]

    tives 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.
    ---------------------------------------------------------------------------

    Sec. 241. Commencement of terms of Pres., Vice
    Pres., Senators, and Representatives.

      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 Representa

      \11\ The 20th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the 72d
    Congress, on March 3, 1932, and was declared in a proclamation by the
    Secretary of State dated February 6, 1933, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of these ratifications
    were: 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, 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; Montana, January 13, 1933; Nebraska,
    January 13, 1933; Oklahoma, January 13, 1933; Arizona, January 13, 1933;
    Kansas, January 16, 1933; Oregon, January 16, 1933; Wyoming, January 19,
    1933; Delaware, January 19, 1933; Washington, January 19, 1933; South
    Dakota, January 20, 1933; Tennessee, January 20, 1933; Iowa, January 20,
    1933; Idaho, January 21, 1933; New Mexico, January 21, 1933; Ohio,
    January 23, 1933; Utah, January 23, 1933; Missouri, January 23, 1933;
    Georgia, January 23, 1933. Ratification was completed on January 23,
    1933. The amendment was subsequently ratified by Massachusetts, January
    24, 1933; Wisconsin, January 24, 1933; Colorado, 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.

      The ratification of this amendment to the Constitution shortened the
    first term of President Franklin D. Roosevelt and Vice President John N.
    Garner, and the terms of all Senators and Representatives of the 73d
    Congress.
    ---------------------------------------------------------------------------

    Sec. 242. Meeting of Congress.

      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.

      Prior to the ratification of the 20th amendment Congress met on the
    first Monday in December as provided in article I, section 4, of the
    Constitution. For discussion of the term of Congress prior to and
    pursuant to the 20th amendment, see Sec. 6, supra (accompanying art. I,
    sec. 2, cl. 1), and Deschler's Precedents, vol. 1, ch. 1.

      Pursuant to section 2 of the 20th amendment, a regular session of a
    Congress must begin at noon on January 3 of every year unless Congress
    sets a different date by law, and if the House is in session at that
    time the Speaker declares the House adjourned sine die without a motion
    from the floor, in order that the next regular session of that Congress,
    or the first session of the next Congress (as the case may be) may
    assemble at noon on that day (Jan. 3, 1981, p. 3774; Jan. 3, 1996, pp.
    35, 36).

    [[Page 107]]

    25, 1982; Public Law 98-179, Jan. 23, 1984; Public Law 99-379, Jan. 21,
    1986; Public Law 99-613, Jan. 6, 1987; Public Law 100-229, Jan. 25,
    1988; Public Law 101-228, Jan. 23, 1990; Public Law 102-475, Jan. 5,
    1993; Public Law 103-395, Jan. 4, 1995; Public Law 104-296, Jan. 7,
    1997; Public Law 105-140, Jan. 27, 1998; Public Law 105-350, Jan. 6,
    1999; Public Law 106-127, Jan. 24, 2000.

    -  Section 3. <> If, at the time fixed for the beginning of the term of
    the President, the President elect shall have died, the Vice President
    elect shall become President. If a President shall not have been chosen
    before the time fixed for the beginning of his term, or if the President
    elect shall have failed to qualify, then the Vice President elect shall
    act as President until a President shall have qualified; and the
    Congress may by law provide for the case wherein neither a President
    elect nor a Vice President elect shall have qualified, declaring who
    shall then act as President, or the manner in which one who is to act
    shall be selected, and such person shall act accordingly until a
    President or Vice President shall have qualified.

    Sec. 243. Laws appointing different day for
    convening.

      Since  ratification, laws appointing a different day for
    assembling have been enacted as follows: Public Law 74-120, Jan. 5,
    1937; Public Law 77-395, Jan. 5, 1942; Public Law 77-819, Jan. 6, 1943;
    Public Law 78-210, Jan. 10, 1944; Public Law 79-289, Jan. 14, 1946;
    Public Law 80-358, Jan. 6, 1948; Public Law 82-244, Jan. 8, 1952; Public
    Law 83-199, Jan. 6, 1954; Public Law 83-700, Jan. 5, 1955; Public Law
    85-290, Jan. 7, 1958; Public Law 85-819, Jan. 7, 1959; Public Law 86-
    305, Jan. 6, 1960; Public Law 87-348, Jan. 10, 1962; Public Law 87-864,
    Jan. 9, 1963; Public Law 88-247, Jan. 7, 1964; Public Law 88-649, Jan.
    4, 1965; Public Law 89-340, Jan. 10, 1966; Public Law 89-704, Jan. 10,
    1967; Public Law 90-230, Jan. 15, 1968; Public Law 91-182, Jan. 19,
    1970; Public Law 91-643, Jan. 21, 1971; Public Law 92-217, Jan. 18,
    1972; Public Law 93-196, Jan. 21, 1974; Public Law 93-553, Jan. 14,
    1975; Public Law 94-186, Jan. 19, 1976; Public Law 94-494, Jan. 4, 1977;
    Public Law 95-594, Jan. 15, 1979; Public Law 96-566, Jan. 5, 1981;
    Public Law 97-133, Jan.

    Sec. 245. Statutory succession and the 25th
    amendment.

      Congress  provided by law in 1947 for the performance of the duties
    of the President in case of removal, death, resignation or inability,
    both of the President and Vice President (3 U.S.C. 19). Earlier
    succession statutes covering the periods 1792-1886 and 1887-1948 can be
    found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th
    amendment to the Constitution, relating to vacancies in the office of
    Vice President and Presidential inability.

    [[Page 108]]

      Prior to the 20th amendment there was no provision in the Constitution
    to take care of a case wherein the President-elect was disqualified or
    had died.

    Sec. 246. Congress to provide for case wherein
    death occurs among those from whom House chooses a President.

      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.

      The above section changes the 12th amendment insofar as it gives
    Congress the power to provide by law the manner in which the House
    should proceed in the event no candidate had a majority and one of the
    three highest on the list of those voted for as President had died.

      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.\12\

    Sec. 247. Repeal of prohibition.

      Section 1.  The eighteenth
    article of amendment to the Constitution of the United States is hereby
    repealed.
    ---------------------------------------------------------------------------

    ---------------------------------------------------------------------------

    [[Page 109]]

      \12\ The 21st amendment to the Constitution of the United
    States was proposed to conventions of the several States by the 72d
    Congress on February 20, 1933, and was declared in a proclamation by the
    Acting Secretary of State dated December 5, 1933, to have been ratified
    by conventions in 36 of the 48 States. The dates of these ratifications
    were: 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; Massachusetts, June 26, 1933; Indiana, 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 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. The amendment
    was subsequently ratified by Maine on December 6, 1933; Montana, August
    6, 1934. The convention held in the State of South Carolina on December
    4, 1933, rejected the 21st amendment.

    Sec. 248. Transportation into States
    prohibited.

      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.\13\

    [[Page 110]]

    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.
    ---------------------------------------------------------------------------

    Sec. 249. No person shall be elected President more
    than twice.

      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

      \13\ The 22d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    80th Congress on March 24, 1947, and was declared by the Administrator
    of General Services, in a proclamation dated March 1, 1951, to have been
    ratified by the legislatures of 36 of the 48 States. The dates of these
    ratifications were: 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, 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; Nevada,
    February 26, 1951; Utah, February 26, 1951; Minnesota, February 27,
    1951. Ratification was completed February 27, 1951. The amendment was
    subsequently ratified by North Carolina, February 28, 1951; South
    Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16,
    1951; Alabama, May 4, 1951.
    ---------------------------------------------------------------------------

    [[Page 111]]

      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.\14\

    Sec. 250. Representation in the Electoral College
    to the District of Columbia.

      Section 1.  The District constituting the seat of
    Government of the United States shall appoint in such manner as the
    Congress may direct:
    ---------------------------------------------------------------------------

      \14\ The 23d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    86th Congress on June 17, 1960, and was declared by the Administrator of
    General Services, in a proclamation dated April 3, 1961, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of these
    ratifications were: Hawaii, June 23, 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 26, 1961; Colorado, February 8,
    1961; Washington, February 9, 1961; West Virginia, February 9, 1961;
    Alaska, February 10, 1961; Wyoming, February 13, 1961; South Dakota,
    February 14, 1961; 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;
    and Ohio, March 29, 1961. Ratification was completed March 29, 1961. The
    amendment was subsequently ratified by New Hampshire on March 30, 1961
    (when that State annulled and then repeated its ratification of March
    29, 1961). Arkansas rejected the amendment January 24, 1961.
    ---------------------------------------------------------------------------

    [[Page 112]]

    and they shall meet in the District and perform such duties as provided
    by the twelfth article of amendment.
      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;

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

                         AMENDMENT XXIV.\15\

    Sec. 251. Right to vote not denied for failure to
    pay poll tax.

      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.
    ---------------------------------------------------------------------------

      \15\ The 24th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    87th Congress on August 28, 1962, and was declared by the Administrator
    of General Services, in a proclamation dated February 4, 1964, to have
    been ratified by the legislatures of 38 of the 50 States. The dates of
    these ratifications were: 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 12, 1963; Kentucky,
    June 27, 1963; Maine, January 16, 1964; and South Dakota, January 23,
    1964. Ratification was completed on January 23, 1964. Mississippi
    rejected the amendment on December 20, 1962.

    [[Page 113]]

      Harman v. Forssenius, 380 U.S. 528 (1965); Harper v. Virginia State
    ---------------------------------------------------------------------------
    Board of Elections, 383 U.S. 663 (1966).

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

                          AMENDMENT XXV.\16\

    Sec. 252. Presidential succession and
    inability.

      Section 1.  In case of the removal of the President from office or of
    his death or resignation, the Vice President shall become President.
    ---------------------------------------------------------------------------

      \16\ The 25th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    89th Congress on July 7, 1965, and was declared by the Administrator of
    General Services, in a proclamation dated February 23, 1967, to have
    been ratified by the legislatures of 39 of the 50 States. The dates of
    these ratifications were: 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; Iowa, January 26, 1967; Washington,
    January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10,
    1967; Nevada, February 10, 1967. Ratification was completed February 10,
    1967. The amendment was subsequently ratified by 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.
    ---------------------------------------------------------------------------

    [[Page 114]]

    Sec. 253. Confirmation by House and Senate of
    nominee to fill vice presidential vacancy.

      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.

    Sec. 254. President's declaration of
    disability.

      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.

    Sec. 255. Determination of Presidential inability
    and 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.

    [[Page 115]]

    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.

      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

    [[Page 116]]

    confirmation of the nominee for Vice President, following the vote on
    confirmation by the House. On July 15, 1985 (pp. 18955-56) the Speaker
    laid before the House two communications from the President of the
    United States advising (1) of the President's temporary period of
    incapacity of discharging the constitutional powers and duties of the
    Office of President and directing that the Vice President discharge
    those duties in his stead and (2) a subsequent Presidential
    determination of his ability to resume those powers and duties.

    Sec. 256. Instances where House and Senate have
    confirmed nominee as Vice President.

      Congress  has twice performed its
    responsibility under section two of the 25th amendment. On October 13,
    1973, the Speaker laid before the House a message from President Nixon
    transmitting his nomination of Gerald R. Ford, Representative and
    Minority Leader in the House of Representatives, to be Vice President of
    the United States, Vice President Agnew having resigned on October 10,
    1973. The Speaker referred the nomination to the Committee on the
    Judiciary, which under clause 1(k)(14) of rule X has jurisdiction over
    messages and matters relating to Presidential succession (Oct. 13, 1973,
    p. 34032). The nomination of Mr. Ford to be Vice President was confirmed
    by the Senate on November 27, 1973 (p. 38225) and by the House on
    December 6, 1973 (p. 39900), and Vice President Ford was sworn in in the
    Chamber of the House of Representatives on December 6 (p. 39925).
    Subsequently, President Nixon resigned from office by delivering his
    written resignation into the office of the Secretary of State, pursuant
    to 3 U.S.C. 20, on August 9, 1974. Pursuant to section one of the 25th
    amendment, Vice President Ford became President, and was sworn in in the
    East Room at the White House. He nominated Nelson A. Rockefeller to be
    Vice President which nomination was received in the House of
    Representatives and referred to the Committee on the Judiciary on August
    20, 1974; the nomination was confirmed by the Senate on December 10,
    1974 (p. 38936) and by the House on December 19, 1974 (p. 41516), and
    Vice President Rockefeller was sworn in in the Senate Chamber on
    December 19, 1974 (p. 41181). On both instances, the House received the
    message from the Senate, announcing that body's

                         AMENDMENT XXVI.\17\

    Sec. 257. Right to vote extended to persons 18
    years of age or older.

      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.
    ---------------------------------------------------------------------------

      \17\ The 26th amendment to the Constitution was proposed by
    the Congress on March 23, 1971. It was declared, in a certificate of the
    Administrator of General Services, dated July 5, 1971, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of
    ratification were: Connecticut, March 23, 1971; Delaware, 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.

      Ratification was completed on July 1, 1971.

      The amendment was subsequently ratified by Virginia, July 8, 1971;
    Wyoming, July 8, 1971; Georgia, October 4, 1971.
    ---------------------------------------------------------------------------

    [[Page 117]]

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

                         AMENDMENT XXVII.\18\

    Sec. 258. Timing of law varying congressional
    compensation.

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

      \18\ The 27th amendment to the Constitution was proposed on
    September 25, 1789. It was declared to have been ratified by the
    legislatures of 39 of the 50 States in a certificate of the Archivist
    dated May 18, 1992. The dates of ratification were: 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; and New Jersey, May
    7, 1992.

      Ratification was completed on May 7, 1992. The amendment was
    subsequently ratified by Illinois, May 12, 1992; and California, June
    26, 1992.

      To quell speculation over the efficacy of a ratification process
    spanning two centuries, the House adopted a concurrent resolution
    declaring the ratification of the amendment (H. Con. Res. 320, 102d
    Cong., May 19, 1992, p. 11779). The Senate adopted both a separate
    concurrent resolution and a simple resolution making similar
    declarations (S. Con. Res. 120 and S. Res. 298, 102d Cong., May 20,
    1992, p. 11869). Neither House considered the concurrent resolution of
    the other. For a concurrent resolution declaring the ratification of the
    14th amendment, see July 21, 1868. For opinions of the Supreme Court
    concerning the duration of the ratification process and the
    contemporaneity of State ratifications, see Dillon v. Gloss, 256 U.S.
    368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).

    [[Page 118]]

    F.3d 156 (D.C. Cir 1994); Schaffer v. Clinton, 54 F. Supp.2d 1014
    (D.Colo. 1999).

      For Federal court opinions upholding congressional cost-of-living
    adjustments for Members under in the Ethics Reform Act of 1989 (103
    Stat. 1716), see Boehner v. Anderson, 809 F. Supp. 38 (D.D.C. 1992),
    aff'd, 30