23

AMENDMENTS

TO THE

CONSTITUTION OF THE UNITED STATES

OF AMERICA

25

1 In Dillon v. Gloss, 256 U.S. 368 (1921), the Supreme Court stated that it would take judicial notice of the date on which a State ratified a proposed constitutional amendment. Accordingly the Court consulted the State journals to determine the dates on which each house of

the legislature of certain States ratified the Eighteenth Amendment. It, therefore, follows that

the date on which the governor approved the ratification, or the date on which the secretary

of state of a given State certified the ratification, or the date on which the Secretary of State

of the United States received a copy of said certificate, or the date on which he proclaimed that

the amendment had been ratified are not controlling. Hence, the ratification date given in the

following notes is the date on which the legislature of a given State approved the particular

amendment (signature by the speaker or presiding officers of both houses being considered a

part of the ratification of the ‘‘legislature’’). When that date is not available, the date given

is that on which it was approved by the governor or certified by the secretary of state of the

particular State. In each case such fact has been noted. Except as otherwise indicated information as to ratification is based on data supplied by the Department of State.

2 Brackets enclosing an amendment number indicate that the number was not specifically

assigned in the resolution proposing the amendment. It will be seen, accordingly, that only the

Thirteenth, Fourteenth, Fifteenth, and Sixteenth Amendments were thus technically ratified by

number. The first ten amendments along with two others that were not ratified were proposed

by Congress on September 25, 1789, when they passed the Senate, having previously passed

the House on September 24 (1 Annals of Congress 88, 913). They appear officially in 1 Stat.

97. Ratification was completed on December 15, 1791, when the eleventh State (Virginia) approved these amendments, there being then 14 States in the Union.

The several state legislatures ratified the first ten amendments to the Constitution on the

following dates: 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; Virginia, December 15, 1791. The two

amendments that then failed of ratification prescribed the ratio of representation to population

in the House, and specified that no law varying the compensation of members of Congress

should be effective until after an intervening election of Representatives. The first was ratified

by ten States (one short of the requisite number) and the second, by six States; subsequently,

this second proposal was taken up by the States in the period 1980–1992 and was proclaimed

as ratified as of May 7, 1992. Connecticut, Georgia, and Massachusetts ratified the first ten

amendments in 1939.

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

AMENDMENT [I.] 2

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
26 CONSTITUTION OF THE UNITED STATES

peaceably to assemble, and to petition the Government for a redress of grievances.

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.

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.

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.

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

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.
CONSTITUTION OF THE UNITED STATES 27

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 defence.

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.

AMENDMENT [VIII.]

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

AMENDMENT [IX.]

The enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others retained by

the people.

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.
28 CONSTITUTION OF THE UNITED STATES

3The Eleventh Amendment was proposed by Congress on March 4, 1794, when it passed

the House, 4 Annals of Congress 477, 478, having previously passed the Senate on January

14, Id., 30, 31. It appears officially in 1 Stat. 402. Ratification was completed on February 7,

1795, when the twelfth State (North Carolina) approved the amendment, there being then 15

States in the Union. Official announcement of ratification was not made until January 8, 1798,

when President John Adams in a message to Congress stated that the Eleventh Amendment

had been adopted by three-fourths of the States and that it ‘‘may now be deemed to be a part

of the Constitution.’’ In the interim South Carolina had ratified, and Tennessee had been admitted into the Union as the sixteenth State.

The several state legislatures ratified the Eleventh Amendment on the following dates:

New York, March 27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8, 1794; New

Hampshire, June 16, 1794; Massachusetts, June 26, 1794; Vermont, between October 9 and November 9, 1794; Virginia, November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7, 1794; Maryland, December 26, 1794; Delaware, January 23, 1795; North Carolina, February 7, 1795; South Carolina, December 4, 1797. 4The Twelfth Amendment was proposed by Congress on December 9, 1803, when it passed

the House, 13 Annals of Congress 775, 776, having previously passed the Senate on December

2. Id., 209. It was not signed by the presiding officers of the House and Senate until December

12. It appears officially in 2 Stat. 306. Ratification was probably completed on June 15, 1804,

when the legislature of the thirteenth State (New Hampshire) approved the amendment, there

being then 17 States in the Union. The Governor of New Hampshire, however, vetoed this act

of the legislature on June 20, and the act failed to pass again by two-thirds vote then required

by the state constitution. Inasmuch as Article V of the Federal Constitution specifies that

amendments shall become effective ‘‘when ratified by legislatures of three-fourths of the several

States or by conventions in three-fourths thereof,’’ it has been generally believed that an approval or veto by a governor is without significance. If the ratification by New Hampshire be

deemed ineffective, then the amendment became operative by Tennessee’s ratification on July

27, 1804. On September 25, 1804, in a circular letter to the Governors of the several States,

Secretary of State Madison declared the amendment ratified by three-fourths of the States.

The several state legislatures ratified the Twelfth Amendment on the following dates:

North Carolina, December 22, 1803; Maryland, December 24, 1803; Kentucky, December 27,

1803; Ohio, between December 5 and December 30, 1803; Virginia, between December 20, 1803

and February 3, 1804; Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York,

February 10, 1804; New Jersey, February 22, 1804; Rhode Island, between February 27 and

March 12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New Hampshire, June

15, 1804; and Tennessee, July 27, 1804. The amendment was rejected by Delaware on January

18, 1804, and by Connecticut at its session begun May 10, 1804. Massachusetts ratified this

amendment in 1961.

AMENDMENT [XI.] 3

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 on the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT [XII.] 4

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
CONSTITUTION OF THE UNITED STATES 29

President, and in distinct ballots the person voted for as VicePresident, and they shall make distinct lists of all persons

voted for as President, and of all persons voted for as VicePresident, 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. 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
30 CONSTITUTION OF THE UNITED STATES

5The Thirteenth Amendment was proposed by Congress on January 31, 1865, when it

passed the House, Cong. Globe (38th Cong., 2d Sess.) 531, having previously passed the Senate

on April 8, 1964. Id. (38th cong., 1st Sess.), 1940. It appears officially in 13 Stat. 567 under

the date of February 1, 1865. Ratification was completed on December 6, 1865, when the legislature of the twenty-seventh State (Georgia) approved the amendment, there being then 36

States in the Union. On December 18, 1865, Secretary of State Seward certified that the Thirteenth Amendment had become a part of the Constitution, 13 Stat. 774.

The several state legislatures ratified the Thirteenth Amendment on the following dates:

Illinois, February 1, 1865; Rhode Island, February 2, 1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York, February 3, 1865; West Virginia, February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865; Kansas, February 7, 1865; Massachusetts,

February 7, 1865; Pennsylvania, February 8, 1865; Virginia, February 9, 1865; Ohio, February

10, 1865; Louisiana, February 15 or 16, 1865; Indiana, February 16, 1865; Nevada, February

16, 1865; Minnesota, February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9,

1865 (date on which it was ‘‘approved’’ by Governor); Tennessee, April 7, 1865; Arkansas, April

14, 1865; Connecticut, May 4, 1865; New Hampshire, June 30, 1865; South Carolina, November

13, 1865; Alabama, December 2, 1865 (date on which it was ‘‘approved’’ by Provisional Governor); North Carolina, December 4, 1865; Georgia, December 6, 1865; Oregon, December 11,

1865; California, December 15, 1865; Florida, December 28, 1865 (Florida again ratified this

amendment on June 9, 1868, upon its adoption of a new constitution); Iowa, January 17, 1866;

New Jersey, January 23, 1866 (after having rejected the amendment on March 16, 1865);

Texas, February 17, 1870; Delaware, February 12, 1901 (after having rejected the amendment

on February 8, 1865). The amendment was rejected by Kentucky on February 24, 1865, and

by Mississippi on December 2, 1865. 6The Fourteenth Amendment was proposed by Congress on June 13, 1866, when it passed

the House, Cong. Globe (39th Cong., 1st Sess.) 3148, 3149, having previously passed the Senate

on June 8. Id., 3042. It appears officially in 14 Stat. 358 under date of June 16, 1866. Ratification was probably completed on July 9, 1868, when the legislature of the twenty-eighth State

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 VicePresident of the United States.

AMENDMENT XIII. 5

SECTION 1. 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.

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

AMENDMENT XIV. 6

SECTION. 1. All persons born or naturalized in the United

States and subject to the jurisdiction thereof, are citizens of the
CONSTITUTION OF THE UNITED STATES 31

(South Carolina or Louisiana) approved the amendment, there being then 37 States in the

Union. However, Ohio and New Jersey had prior to that date ‘‘withdrawn’’ their earlier assent

to this amendment. Accordingly, Secretary of State Seward on July 20, 1868, certified that the

amendment had become a part of the Constitution if the said withdrawals were ineffective. 15

Stat. 706–707. Congress on July 21, 1868, passed a joint resolution declaring the amendment

a part of the Constitution and directing the Secretary to promulgate it as such. On July 28,

1868, Secretary Seward certified without reservation that the amendment was a part of the

Constitution. In the interim, two other States, Alabama on July 13 and Georgia on July 21,

1868, had added their ratifications.

The several state legislatures ratified the Fourteenth Amendment on the following dates:

Connecticut, June 30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (the New Jersey Legislature on February 20, 1868 ‘‘withdrew’’ its consent to the ratification; the Governor vetoed that bill on March 5, 1868; and it was repassed

over his veto on March 24, 1868); Oregon, September 19, 1866 (Oregon ‘‘withdrew’’ its consent

on October 15, 1868); Vermont, October 30, 1866; New York, January 10, 1867; Ohio, January

11, 1867 (Ohio ‘‘withdrew’’ its consent on January 15, 1868); Illinois, January 15, 1867; West

Virginia, January 16, 1867; Michigan, January 16, 1867; Kansas, January 17, 1867; Minnesota,

January 17, 1867; Maine, January 19, 1867; Nevada, January 22, 1867; Indiana, January 23,

1867; Missouri, January 26, 1867 (date on which it was certified by the Missouri secretary of

state); Rhode Island, February 7, 1867; Pennsylvania, February 12, 1867; Wisconsin, February

13, 1867 (actually passed February 7, but not signed by legislative officers until February 13);

Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, March 9, 1868; Arkansas,

April 6, 1868; Florida, June 9, 1868; North Carolina, July 2, 1868 (after having rejected the

amendment on December 13, 1866); Louisiana, July 9, 1868 (after having rejected the amendment on February 6, 1867); South Carolina, July 8, 1868 (after having rejected the amendment

on December 20, 1866); Alabama, July 13, 1868 (date on which it was ‘‘approved’’ by the Governor); Georgia, July 21, 1868 (after having rejected the amendment on November 9, 1866—

Georgia ratified again on February 2, 1870); Virginia, October 8, 1869 (after having rejected

the amendment on January 9, 1867); Mississippi, January 17, 1870; Texas, February 18, 1870

(after having rejected the amendment on October 27, 1866); Delaware, February 12, 1901 (after

having rejected the amendment on February 7, 1867). The amendment was rejected (and not

subsequently ratified) by Kentucky on January 8, 1867. Maryland and California ratified this

amendment in 1959.

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.

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
32 CONSTITUTION OF THE UNITED STATES

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 twentyone years of age in such State.

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. 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.
CONSTITUTION OF THE UNITED STATES 33

7The Fifteenth Amendment was proposed by Congress on February 26, 1869, when it

passed the Senate, Cong. Globe (40th Cong., 3rd Sess.) 1641, having previously passed the

House on February 25. Id., 1563, 1564. It appears officially in 15 Stat. 346 under the date of

February 27, 1869. Ratification was probably completed on February 3, 1870, when the legislature of the twenty-eighth State (Iowa) approved the amendment, there being then 37 States

in the Union. However, New York had prior to that date ‘‘withdrawn’’ its earlier assent to this

amendment. Even if this withdrawal were effective, Nebraska’s ratification on February 17,

1870, authorized Secretary of State Fish’s certification of March 30, 1870, that the Fifteenth

Amendment had become a part of the Constitution. 16 Stat. 1131.

The several state legislatures ratified the Fifteenth Amendment on the following dates: Nevada, March 1, 1869; West Virginia, March 3, 1869; North Carolina, March 5, 1869; Louisiana,

March 5, 1869 (date on which it was ‘‘approved’’ by the Governor); Illinois, March 5, 1869;

Michigan, March 5, 1869; Wisconsin, March 5, 1869; Maine, March 11, 1869; Massachusetts,

March 12, 1869; South Carolina, March 15, 1869; Arkansas, March 15, 1869; Pennsylvania,

March 25, 1869; New York, April 14, 1869 (New York ‘‘withdrew’’ its consent to the ratification

on January 5, 1870); 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; it 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 (Kansas had by a defectively worded resolution

previously ratified this amendment on February 27, 1869); Ohio, January 27, 1870 (after having rejected the amendment on May 4, 1869); Georgia, February 2, 1870; Iowa, February 3,

1870; Nebraska, February 17, 1870; Texas, February 18, 1870; New Jersey, February 15, 1871

(after having rejected the amendment on February 7, 1870); Delaware, February 12, 1901 (date

on which approved by Governor; Delaware had previously rejected the amendment on March

18, 1869). The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee. California ratified this amendment in 1962 and Oregon in 1959. 8The Sixteenth Amendment was proposed by Congress on July 12, 1909, when it passed

the House, 44 Cong. Rec. (61st Cong., 1st Sess.) 4390, 4440, 4441, having previously passed

the Senate on July 5. Id., 4121. It appears officially in 36 Stat. 184. Ratification was completed

on February 3, 1913, when the legislature of the thirty-sixth State (Delaware, Wyoming, or

New Mexico) approved the amendment, there being then 48 States in the Union. On February

SECTION. 5. The Congress shall have power to enforce, by

appropriate legislation, the provisions of this article.

AMENDMENT XV. 7

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.

AMENDMENT XVI. 8

The Congress shall have power to lay and collect taxes on

incomes, from whatever source derived, without apportionment
34 CONSTITUTION OF THE UNITED STATES

25, 1913, Secretary of State Knox certified that this amendment had become a part of the Constitution. 37 Stat. 1785.

The several state legislatures ratified the Sixteenth Amendment on the following dates:

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 27, 1911; Indiana, January 30, 1911; California, January 31, 1911; Nevada, January 31,

1911; South Dakota, February 1, 1911; Nebraska, February 9, 1911; North Carolina, February

11, 1911; Colorado, February 15, 1911; North Dakota, February 17, 1911; Michigan, February

23, 1911; Iowa, February 24, 1911; Kansas, March 2, 1911; Missouri, March 16, 1911; Maine,

March 31, 1911; Tennessee, April 7, 1911; Arkansas, April 22, 1911 (after having rejected the

amendment at the session begun January 9, 1911); Wisconsin, May 16, 1911; New York, July

12, 1911; Arizona, April 3, 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; New Jersey, February 4, 1913; Vermont, February 19, 1913; Massachusetts, March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the amendment

on March 2, 1911). The amendment was rejected (and not subsequently ratified) by Connecticut, Rhode Island, and Utah. 9The Seventeenth Amendment was proposed by Congress on May 13, 1912, when it passed

the House, 48 Cong. Rec. (62d Cong., 2d Sess.) 6367, having previously passed the Senate on

June 12, 1911. 47 Cong. Rec. (62d Cong., 1st Sess.) 1925. It appears officially in 37 Stat. 646.

Ratification was completed on April 8, 1913, when the thirty-sixth State (Connecticut) approved

the amendment, there being then 48 States in the Union. On May 31, 1913, Secretary of State

Bryan certified that it had become a part of the Constitution. 38 Stat 2049.

The several state legislatures ratified the Seventeenth Amendment on the following dates:

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; 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; Maine, February 20, 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; Louisiana, June 5, 1914. The amendment was rejected by Utah on February 26,

1913.

among the several States, and without regard to any census or

enumeration.

AMENDMENT [XVII.] 9

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
CONSTITUTION OF THE UNITED STATES 35

10The Eighteenth Amendment was proposed by Congress on December 18, 1917, when it

passed the Senate, Cong. Rec. (65th Cong. 2d Sess.) 478, having previously passed the House

on December 17. Id., 470. It appears officially in 40 Stat. 1059. Ratification was completed on

January 16, 1919, when the thirty-sixth State approved the amendment, there being then 48

States in the Union. On January 29, 1919, Acting Secretary of State Polk certified that this

amendment had been adopted by the requisite number of States. 40 Stat. 1941. By its terms

this amendment did not become effective until 1 year after ratification.

The several state legislatures ratified the Eighteenth Amendment on the following dates:

Mississippi, January 8, 1918; Virginia, January 11, 1918; Kentucky, January 14, 1918; North

Dakota, January 28, 1918 (date on which approved by Governor); 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 9, 1918 (date on which approved by

Governor); Florida, November 27, 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; Illinois, January 14,

1919; Indiana, 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; Minnesota, January 17, 1919; Wisconsin,

January 17, 1919; New Mexico, January 20, 1919; Nevada, January 21, 1919; Pennsylvania,

February 25, 1919; Connecticut, May 6, 1919; New Jersey, March 9, 1922; New York, January

29, 1919; Vermont, January 29, 1919.

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.

AMENDMENT [XVIII.] 10

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.

SEC. 2. The Congress and the several States shall have

concurrent power to enforce this article by appropriate legislation.
36 CONSTITUTION OF THE UNITED STATES

11The Nineteenth Amendment was proposed by Congress on June 4, 1919, when it passed

the Senate, Cong. Rec. (66th Cong., 1st Sess.) 635, having previously passed the house on May

21. Id., 94. It appears officially in 41 Stat. 362. Ratification was completed on August 18, 1920,

when the thirty-sixth State (Tennessee) approved the amendment, there being then 48 States

in the Union. On August 26, 1920, Secretary of Colby certified that it had become a part of

the Constitution. 41 Stat. 1823.

The several state legislatures ratified the Nineteenth Amendment on the following dates:

Illinois, June 10, 1919 (readopted 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 (date

on which approved by Governor); Missouri, July 3, 1919; Arkansas, July 28, 1919; Montana,

August 2, 1919 (date on which approved by governor); Nebraska, August 2, 1919; Minnesota,

September 8, 1919; New Hampshire, September 10, 1919 (date on which approved by Governor); Utah, October 2, 1919; California, November 1, 1919; Maine, November 5, 1919; North

Dakota, December 1, 1919; South Dakota, December 4, 1919 (date on which certified); Colorado,

December 15, 1919 (date on which approved by Governor); 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 (date on which approved

by govrnor); Oklahoma, February 28, 1920; West Virginia, March 10, 1920 (confirmed September 21, 1920); Vermont, February 8, 1921. The amendment was rejected by Georgia on July

24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29,

1920; by Louisiana on July 1, 1920. This amendment was subsequently ratified by Virginia in

1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970. 12The Twentieth Amendment was proposed by Congress on March 2, 1932, when it passed

the Senate, Cong. Rec. (72d Cong., 1st Sess.) 5086, having previously passed the House on

March 1. Id., 5027. It appears officially in 47 Stat. 745. Ratification was completed on January

23, 1933, when the thirty-sixth State approved the amendment, there being then 48 States in

the Union. On February 6, 1933, Secretary of State Stimson certified that it had become a part

of the Constitution. 47 Stat. 2569.

SEC. 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.] 11

The right of citizens of the United States to vote shall not

be denied or abridged by the United States or by any State on

account of sex.

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

AMENDMENT [XX.] 12

SECTION. 1. The terms of the President and Vice President

shall end at noon on the 20th day of January, and the terms
CONSTITUTION OF THE UNITED STATES 37

The several state legislatures ratified the Twentieth Amendment on the following dates:

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; Arizona, January 13, 1933; Montana, January 13, 1933;

Nebraska, January 13, 1933; Oklahoma, January 13, 1933; Kansas, January 16, 1933; Oregon,

January 16, 1933; Delaware, January 19, 1933; Washington, January 19, 1933; Wyoming, January 19, 1933; Iowa, January 20, 1933; South Dakota, January 20, 1933; Tennessee, January

20, 1933; Idaho, January 21, 1933; New Mexico, January 21, 1933; Georgia, January 23, 1933;

Missouri, January 23, 1933; Ohio, January 23, 1933; Utah, January 23, 1933; Colorado, January 24, 1933; Massachusetts, January 24, 1933; Wisconsin, 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.

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.

SEC. 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.

SEC. 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.
38 CONSTITUTION OF THE UNITED STATES

13The Twenty-first Amendment was proposed by Congress on February 20, 1933, when it

passed the House, Cong. Rec. (72d Cong., 2d Sess.) 4516, having previously passed the Senate

on February 16. Id., 4231. It appears officially in 47 Stat. 1625. Ratification was completed on

December 5, 1933, when the thirty-sixth State (Utah) approved the amendment, there being

then 48 States in the Union. On December 5, 1933, Acting Secretary of State Phillips certified

that it had been adopted by the requisite number of States. 48 Stat. 1749.

The several state conventions ratified the Twenty-first Amendment on the following dates:

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; Indiana, June 26, 1933; Massachusetts, 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; Maine, December 6, 1933; Montana,

August 6, 1934. The amendment was rejected by a convention in the State of South Carolina,

on December 4, 1933. The electorate of the State of North Carolina voted against holding a

convention at a general election held on November 7, 1933.

SEC. 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.

SEC. 5. Sections 1 and 2 shall take effect on the 15th day

of October following the ratification of this article.

SEC. 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.] 13

SECTION. 1. The eighteenth article of amendment to the

Constitution of the United States is hereby repealed.

SEC. 2. The transportation or importation into any State,

Territory, or possession of the United States for delivery or use
CONSTITUTION OF THE UNITED STATES 39

14The Twenty-second Amendment was proposed by Congress on March 24, 1947, having

passed the House on March 21, 1947, Cong. Rec. (80th Cong., 1st Sess.) 2392, and having previously passed the Senate on March 12, 1947. Id., 1978. It appears officially in 61 Stat. 959.

Ratification was completed on February 27, 1951, when the thirty-sixth State (Minnesota) approved the amendment, there being then 48 States in the Union. On March 1, 1951, Jess

Larson, Administrator of General Services, certified that it had been adopted by the requisite

number of States. 16 Fed. Reg. 2019.

A total of 41 state legislatures ratified the Twenty-second Amendment on the following

dates: 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; Utah, February 26, 1951; Nevada, February 26, 1951; Minnesota, February 27, 1951; North Carolina, February 28, 1951;

South Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16, 1951; and Alabama, May 4, 1951.

therein of intoxicating liquors, in violation of the laws thereof,

is hereby prohibited.

SEC. 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.] 14

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
40 CONSTITUTION OF THE UNITED STATES

15The Twenty-third Amendment was proposed by Congress on June 16, 1960, when it

passed the Senate, Cong. Rec. (86th Cong., 2d Sess.) 12858, having previously passed the

House on June 14. Id., 12571. It appears officially in 74 Stat. 1057. Ratification was completed

on March 29, 1961, when the thirty-eighth State (Ohio) approved the amendment, there being

then 50 States in the Union. On April 3, 1961, John L. Moore, Administrator of General Services, certified that it had been adopted by the requisite number of States. 26 Fed. Reg. 2808.

The several state legislatures ratified the Twenty-third Amendment on the following dates:

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 6, 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; Ohio, March 29, 1961, and New Hampshire, March 30, 1961.

President or acting as President during the remainder of such

term.

SEC. 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.] 15

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.
CONSTITUTION OF THE UNITED STATES 41

16The Twenty-fourth Amendment was proposed by Congress on September 14, 1962, having passed the House on August 27, 1962. Cong. Rec. (87th Cong., 2d Sess.) 17670 and having

previously passed the Senate on March 27, 1962. Id., 5105. It appears officially in 76 Stat.

1259. Ratification was completed on January 23, 1964, when the thirty-eighth State (South Dakota) approved the Amendment, there being then 50 States in the Union. On February 4, 1964,

Bernard L. Boutin, Administrator of General Services, certified that it had been adopted by

the requisite number of States. 25 Fed. Reg. 1717. President Lyndon B. Johnson signed this

certificate.

Thirty-eight state legislatures ratified the Twenty-fourth Amendment on the following

dates: 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; Michigan, February 20, 1963; Utah,

February 20, 1963; Colorado, February 21, 1963; Minnesota, February 27, 1963; Ohio, 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 16, 1963; Kentucky, June 27, 1963; Maine, January 16, 1964; South Dakota, January 23, 1964. 17This Amendment was proposed by the Eighty-ninth Congress by Senate Joint Resolution

No. 1, which was approved by the Senate on February 19, 1965, and by the House of Representatives, in amended form, on April 13, 1965. The House of Representatives agreed to a

Conference Report on June 30, 1965, and the Senate agreed to the Conference Report on July

6, 1965. It was declared by the Administrator of General Services, on February 23, 1967, to

have been ratified.

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

AMENDMENT [XXIV.] 16

SECTION. 1. The right of citizens of the United States to

vote in any primary or other election for President or Vice

President, for electors for President or Vice President, or for

Senator or Representative in Congress, shall not be denied or

abridged by the United States or any State by reason of failure

to pay any poll tax or other tax.

SECTION. 2. The Congress shall have power to enforce this

article by appropriate legislation.

AMENDMENT [XXV.] 17

SECTION. 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
42 CONSTITUTION OF THE UNITED STATES

This Amendment was ratified by the following States:

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; Washington, January 26, 1967; Iowa, January 26, 1967; Oregon, February 2, 1967;

Minnesota, February 10, 1967; Nevada, February 10, 1967; 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.

Publication of the certifying statement of the Administrator of General Services that the

Amendment had become valid was made on February 25, 1967, F.R. Doc. 67–2208, 32 Fed. Reg.

3287.

SECTION. 2. Whenever there is a vacancy in the office of the

Vice President, the President shall nominate a Vice President

who shall take office upon confirmation by a majority vote of

both Houses of Congress.

SECTION. 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House

of Representatives has written declaration that he is unable to

discharge the powers and duties of his office, and until he

transmits to them a written declaration to the contrary, such

powers and duties shall be discharged by the Vice President as

Acting President.

SECTION. 4. Whenever the Vice President and a majority of

either the principal officers of the executive departments or of

such other body as Congress may by law provide, transmit to

the President pro tempore of the Senate and the Speaker of the

House of Representatives their written declaration that the

President is unable to discharge the powers and duties of his

office, the Vice President shall immediately assume the powers

and duties of the office as Acting President.
CONSTITUTION OF THE UNITED STATES 43

18The Twenty-sixth Amendment was proposed by Congress on March 23, 1971, upon passage by the House of Representatives, the Senate having previously passed an identical resolution on March 10, 1971. It appears officially in 85 Stat. 825. Ratification was completed on July

1, 1971, when action by the legislature of the 38th State, North Carolina, was concluded, and

the Administrator of the General Services Administration officially certified it to have been

duly ratified on July 5, 1971. 36 Fed. Reg. 12725.

As of the publication of this volume, 42 States had ratified this Amendment:

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

Thereafter, when the President transmits to the President

pro tempore of the Senate and the Speaker of the House of

Representatives has 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 fortyeight 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 twothirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President

shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his

office.

AMENDMENT [XXVI] 18

SECTION. 1. The right of citizens of the United States, who

are eighteen years of age or older, to vote shall not be denied
44 CONSTITUTION OF THE UNITED STATES

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;

Virginia, July 8, 1971; Wyoming, July 8, 1971; Georgia, October 4, 1971.

19This purported amendment was proposed by Congress on September 25, 1789, when it

passed the Senate, having previously passed the House on September 24. (1 Annals of Congress

88, 913). It appears officially in 1 Stat. 97. Having received in 1789–1791 only six state ratifications, the proposal then failed of ratification while ten of the 12 sent to the States by Congress

were ratified and proclaimed and became the Bill of Rights. The provision was proclaimed as

having been ratified and having become the 27th Amendment, when Michigan ratified on May

7, 1992, there being 50 States in the Union. Proclamation was by the Archivist of the United

States, pursuant to 1 U.S.C. § 106b, on May 19, 1992. F.R.Doc. 92–11951, 57 FED. REG. 21187.

It was also proclaimed by votes of the Senate and House of Representatives. 138 CONG. REC.

(daily ed) S 6948–49, H 3505–06.

The several state legislatures ratified the proposal on the following dates: 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 1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee, May

28, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986; Indiana, February 24,

1986; Utah, February 25, 1986; Arkansas, March 13, 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, Mary 25, 1991;

Alabama, May 5, 1992; Missouri, May 5, 1992; Michigan, May 7, 1992. New Jersey subsequently ratified on May 7, 1992.

or abridged by the United States or by any State on account

of age.

SECTION. 2. The Congress shall have power to enforce this

article by appropriate legislation.

AMENDMENT [XXVII] 19

No law varying the compensation for the services of the

Senators and Representatives shall take effect, until an election

of Representatives shall have intervened.