The United States Constitution Explained Part 2: The Amendments
I’d recommend you read the first part of this to get a sense of what I'm talking about here, I’ll wait.
This part is about the Amendments to the US constitution. In my opinion these are the more interesting part of the constitution. While most of the main parts of the constitution deal with the functioning of government. The amendments deal more with how that government interacts with the people. And bring up complex moral and philosophical questions about things like hate-speech, gun control and abortion. Most landmark Supreme Court cases are ruling on something related to the amendments[1] and not the main parts of the constitution. The first 10 amendments make up the Bill of Rights, which were added pretty soon after the constitution was ratified by the founding fathers. They’re supposed to cover basic rights that people will have in the US. Let’s start with the first[2].
Amendment I
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.
The First Amendment covers three basic things. Freedom of religion, freedom of speech and freedom of assembly. With freedom of religion, Congress isn’t allowed to make any law treating any religion as better than another. And because of that, there will never be an official religion of the US. Freedom of speech is the most important of the three. You can’t be imprisoned for what you say[3]. Thirdly is freedom of association. People are allowed to peacefully protest and petition the government for whatever reason.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Hoo boy. This may be the most controversial sentence ever written in American politics. The Second amendment states that people have the absolute right to own guns…
As the courts currently interpret it[4]. The main problem with this single sentence is that’s it’s just one sentence. The courts currently interpret it to mean “because a well regulated militia is necessary, there will be a right to bear arms”. But it could also be interpreted as “The right to bear arms is within this well regulated militia.” It’s a very divisive topic that I have my own views on. It was also a big deal to Antonin Scalia, the death of whom is why I’m writing this in the first place. As you can see, almost all of these amendments have giant arguments surrounding them.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
OK, here we do have one of the few uncontroversial amendments. It’s never gone to the Supreme Court and for good reason. It’s pretty clear in what it means and that meaning can’t be argued with much. The government isn’t allowed to stick troops in someone’s home without their consent. Unless the US gets taken over by North Korea this amendment will probably continue to stay in the same state it is now.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
And back to arguments. This amendment states that people in their homes can’t be under search and seizure without a warrant that had a good reason to be issued[5]. There have been many arguments as technology has progressed as to what constitutes a search[6]. The most vocal of those debates has been over US government actions that have happened since the passage of the USA PATRIOT Act in 2001. With some (generally considered extreme) people saying that the 4th amendment is now dead. But we need to move on to other amendments and their respective arguments.
Amendment V
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 offense 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.
The fifth amendment covers a number of legal rights. Firstly you can’t be put on trial for murder “or otherwise infamous crime” without being indicted by a grand jury. What counts as an infamous crime is never really covered, presumably so that courts can deal with it on a case by case basis. Secondly, you can’t be tried twice for the same crime. This is fairly simple though it should be noted that due to the word crime this does not refer to civil cases but only criminal ones. If no one is going to be punished as a result of the trial, double jeopardy is fair game. Thirdly you can’t be forced to say anything that could incriminate yourself. This is what people are talking about when they mention “pleading the fifth”. Fourthly, you can’t have criminal punishment without “due process of law” so a trial or other situation[7]. Lastly, your stuff can’t be taken by the government without then giving you something in return[8].
Amendment VI
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
More legal rights! This time dealing with criminal prosecution cases. If you get charged with a criminal offense you get to have a quick and public trial. And you get a jury filled with people near the place of the crime. Then the police have to tell you what you’re being charged with in the first place. You get to see the witnesses that say that you’re guilty. You get to pick your own witnesses that think you’re innocent. And if you can’t afford a lawyer the state[9] can provide one for you. There aren’t too many controversies over this and those that exist are mostly over what bits apply to the territories.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re–examined in any Court of the United States, than according to the rules of the common law.
The seventh amendment makes it so any common law suit where the value is any more than 20 dollars[10]. Are allowed to be done by jury. Most of the arguments surrounding this amendment are very complicated legal things that I am in no way qualified to answer. But basically the arguments are about how the juries should be and the generally accepted thing by the court is to have them act like English juries would have acted at that time.
Amendment VII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This amendment is pretty much written in a way that’s begging for court cases. You can’t impose excessive bail out fines. Well what amount of money for bail or a fine counts as excessive? And you can’t have cruel and unusual punishments. Well what punishments count as cruel and unusual? Where would the death penalty factor into this? The answer to the first question is that it’s more or less determined on a case by case basis. With the guideline being if the fine or bail is more than enough for the government to accomplish the goal it wants with it[11]. The answer to the second two questions is that a crime is cruel and unusual if the general public thinks that it’s cruel and unusual, and the majority of people support the death penalty so it isn’t cruel and unusual[12].
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The rights mentioned in the constitution are not the only rights people are allowed in the US. This just covers some of the basic ones. That’s it.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
If something isn’t mentioned in the constitution. It’s a state matter by default. This also shows why the interstate commerce clause is a big deal. Because if something isn’t mentioned in the constitution but could be considered a interstate commerce thing. Like guns or healthcare, the federal government can still have some power over it.
So this finishes all the amendments that are in the “Bill of Rights”. The first ten amendments that go over some basic rights people have. But there are still seventeen other amendments that came out after the founding fathers ratified those first ten. Everything that comes after this were actual changes made to the constitution over time.
Amendment XI
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
If you sue a state, you aren’t allowed to sue another state for the same thing. This was quickly made after a court case[13] ruled that that wasn’t the case based on some wording in Article III. But that wasn’t really meant to be the case so the constitution was amended to fix that. This is over something pretty specific so the whole thing isn’t too big a deal.
Amendment XII
This amendment redoes the process for how the President is elected, trying to get rid of mistakes that came in the first time around. Most notably what happens if nobody gets a majority in the electoral college. It’s also kind of long so we get to look at it bit by bit.
The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.
So the first part of this just goes over what happens as usual for the Presidential elections. Then it goes on to explain what happens if nobody gets a majority in the electoral college. If no man gets a majority in the electoral college the house picks the president. Well that seems fine, the representatives were directly elected and are proportionally representative. Except the house doesn’t pick the president with 435 votes, they pick it with 50. All of the representatives have to vote as single states which gives tremendous power to the small states.
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[14] next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
If the house can’t make up their mind on the president in time then the vice president becomes president until the house can sort themselves out. But doesn’t the vice president still come with the president in this situation? Nope.
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.
If no vice president gets a majority of the electoral votes the Senate picks the vice president alongside the house picking the president. In the ridiculous scenario where neither the house can pick the president and the Senate can’t pick the vice president. The speaker of the house becomes president until the rest of Congress can make up its mind.
Amendment XIII
Section 1.[15]
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
No more slavery in the US! With the sole loophole for people who have been criminally convicted. Obviously this was the chief cause for the South to break off from the Union.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
Congress is allowed to put slavery laws in the US in the trash.
Amendment XIV
The fourteenth amendment is probably the most important amendment in the constitution. It really was the main thing that transitioned the country from “the United States are” to “the United States is”. From a European Union like connection of several states to one nation, (under God) indivisible.
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
A couple things to cover here. First up birthright citizenship. Regardless of the situation of the parent. If your baby gets popped out within the borders of the United States, that get to be a citizen. Second, the due process clause. This is really the thing that made the transition to a more unified country. A series of court cases after the fourteenth amendment’s ratification showed that “due process of law” meant that the federal government could step in to stop what States were doing that they felt violated the constitution. This combined with the following clause allowing “equal protection under the laws” has been the main kickstarter for legal social progress in the United States. Whether it’s Brown vs Board of Education allowing schools to be integrated. Loving vs Virginia allowing for interracial marriage. Roe vs Wade allowing abortion nationwide. Or just last year when Obergefell vs Hodges made it unconstitutional to deny marriage to gay couples. When there’s a big social movement in the contemporary United States, its final challenge is the fourteenth amendment. The last test to see whether the movement will go nationwide or continue to be a wedge issue between red and blue States. The equal protection and due process clauses are the reason the fourteenth amendment is the most important in the constitution.
Section 2.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
This bit mostly tries to remedy the earlier bit in the constitution that mentioned that black people are only 3/5 of a person. And black people are allowed to vote[17] now except for as punishment for some crime. But the southern states found many sneaky ways to prevent black people from voting. So this will be a topic we come back to later. But if you’re in a northern or Western state and you’re a dude that’s 21 years or older you get to vote no matter your skin color[16]!
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.
If you’ve helped enemies of the US you can’t take public office. But if two-thirds of Congress votes to do so you can take the spot.
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.
All debt to the US is valid. Unless it’s from enemies of the US or from the loss of slaves from their owners.
Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Congress gets to make laws to enforce the amendment.
Amendment XV
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.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
OK seriously, black people can vote now. No more messing around. Unless it’s a poll tax.
Amendment XVI
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.
Congress is allowed to put income taxes into place. Before the sixteenth amendment most federal revenue came from a hodgepodge of various tariffs. Adding a federal income tax could help to fund more government programs.
Amendment XVII
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
The Senate is now elected. Still for six year terms but everything else is now basically the same rules as for the election of representatives which I already discussed in part 1.
Amendment XVIII
Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Prohibition! The short lived amendment in the US Constitution that banned alcohol. Due to the fact that most people like their booze, this whole thing was a bit of a disaster. However I think some historical context is necessary. At this time in history there were a lot of people that were completely ruined by alcohol and there were places where people would literally drink beer out of a hose. So it does make some sense why some people would want to ban the stuff at the time, even if it turned out to be a bit of a disaster.
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.
Usual extra stuff here. Congress can enforce the law. And they did have an extra bit that said that if the amendment didn’t get ratified by seven years after it got put out to the states by Congress.
Amendment XIX
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.
Women can vote now! Put off the noise makers for progress! Some states in the west already allowed women to vote but this is what brought it to the whole country. Not much else to say here
Amendment XX
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.
The main purpose of the twentieth amendment is to shorten the time from voting in November to a new Congress and president taking office. They used to wait all the way until March for it simply because it took a long time for all of the votes to travel. Via the fastest internet at the time: a dude on a horse. Now that we have faster methods of transportation than a dude on a horse new congresses start on January 3rd, and presidents get inaugurated on January 20th.
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.
Pretty self-explanitory.
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.
Ignore this, the topic covered by this section is only really put out in detail in a later amendment.
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.
Congress gets to figure out what happens if there is no majority in the electoral college, so Congress has to pick a president, and then the person that they picked dies before taking office. The amendment comes into effect on the October 15th nearest to the passing of the amendment. And the amendment wouldn’t have come into effect if it took more than seven years for the states to ratify the amendment.
Amendment XXI
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.
You know that whole prohibition thing? Yeah it turns out people like booze. People can have booze again. Repealing prohibition was one of Franklin D. Roosevelt’s campaign promises. Unsurprisingly, it turned out to be popular. They did make a note that alcohol selling would still have to follow some rules though. Which are now most obviously around in the drinking age being 21. And like the last few amendments the states needed to ratify it within seven years for the amendment to be valid.
Amendment XXII
Section 1.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.
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.
Term limits are now established. After FDR being elected for four terms until he died. A lot of people in the US wanted to prevent a President from holding onto power for that long again. So they established that you can only serve two terms as President. Term limits have remained controversial, but due to the fact that they’re in the constitution I don’t see them going away any time soon. Also section 2 puts in the fact that the states need to ratify it within 7 years again.
Amendment XXIII
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.
DC gets a vote in Presidential elections now. When the constitution was first made up, DC was basically uninhabited except for the government that would sit there as soon as the buildings were finished. So there was no reason to put voting rights there. But now that DC has more people than a few states, Congress decided they should probably give people there a vote[18].
Amendment XXIV
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.
Poll taxes were often a way that the Southern states got around the fact that black people were able to vote. By just requiring them to pay a poll tax when many of them were very poor, they could still prevent them from voting. The civil rights movement pushed these poll taxes to be abolished in a constitutional amendment.
Amendment XXV
The 25th amendment is what finally establishes the final rules for what happens if the president dies, thank god.
Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
If the President resigns or dies the VP becomes 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.
If there is no VP then the President will nominate a new one and have them approved by 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.
If the President can’t do any governing then the VP becomes acting President until the President recovers.
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.
If the President is unable to govern but can’t tell Congress for whatever reason. Then the VP and a majority of the cabinet can tell Congress that President.exe has stopped working and the VP will become acting President. Congress can cut out the middle man and let themselves do this without any cabinet permission if they want.
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.
Deep breath. If after the cabinet has said that the President cannot govern but the President says he can. The President goes back to governing unless the cabinet still disagrees with the President and tells Congress about it within four days. Than Congress argues about the issue on the floor for at most 48 hours. Congress then has 21 days to decide whether the President is fine or not. If two-thirds of both houses of Congress agree with the cabinet that the President is unable to do their. Then the VP stays acting President. If Congress isn’t able to jump through all those insane hoops then the President stays President when he says he is able to be President.
Jesus Christ that was complicated.
Amendment XXVI
Section 1.
The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.
Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.
People can vote at 18, the voting age used to be 21. Not much else to say here[19].
Amendment XXVII
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
If a law will change the pay of Congressmen, it won’t take effect until after the next Congressional election.
And that’s that. If you made it to the end of the first part and this part, then you read a lot of my stuff, and I appreciate that. If we treat both of these blog posts as one thing then this is probably the longest thing that I’ve written. So thanks for reading all of this. I might to more law stuff in the future. But I’m pretty proud of this and hope it stays as one of my best things for a while. And with that, I shall now say goodbye.
Footnotes
[1] Most commonly the 14th, but we’ll get to that later.
[2] As people tend to do.
[3] This is a gross oversimplification and there are many limits on free speech. The most famous example being that you can’t shout “FIRE!” in a crowded theater. But there are other things. You can’t use “fighting words” to threaten to harm someone. Generally political speech is the most protected of speech, and the US has shown great adversity to hate-speech laws. This is a complicated issue not best suited for a footnote in a blog post so I will stop here, and you can look stuff up about it if you want to.
[4] Via the DC vs Heller case.
[5] The principle of the circumstances under which you can issue a warrant is generally referred to as “probable cause”.
[6] Kyllo vs United States, 2001
[7] The vast majority of criminal cases in the US never go to trial but instead HP through a deal called a plea bargain.
[8] Part of this was of course later changed for the income tax.
[9] State in the more general sense of the word meaning any kind of government. Not necessarily one of the 50 States.
[10] So basically any common law case. Unless you’re debating how the Constitution applies to candy wrappers.
[11] US vs Salerno, 1987
[12] Rudolph vs Alabama, 1963
[13] Chisholm vs Georgia, 1793
[14] Now changed to January 20th.
[15] One of Abe Lincoln’s chief campaign promises was to add sections into the amendments.
[16] Cue noise makers going off in the background.
[17] Well States could still take their right away. They would just get a lot less representation in Congress as punishment.
[18] They still don’t get any Congressmen though.
[19] This age change was brought on by student activism to stop the Vietnam war.
