According to Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, those in favor of popular elections for senators believed two primary problems were caused by the original provisions: legislative corruption and electoral deadlocks. There was a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Between 1857 and 1900, the Senate investigated three elections over corruption. In 1900, for example, William A. Clark had his election voided after the Senate concluded that he had bought votes in the Montana legislature.
Issues
Seventeenth Amendment to the United States Constitution
Seventeenth Amendment to the United States Constitution | Issues
Legislative corruption and electoral deadlocks. Legislative corruption and electoral deadlocks Legislative corruption and electoral deadlocks. Those in favor of popular elections for senators believed two primary problems were caused by the original provisions: legislative corruption and electoral deadlocks.
who elected senators under the provisions of the constitution as originally ratified
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State legislative election.
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who proposed this amendment?
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The Seventeenth Amendment (Amendment XVII).
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when did it become the part of constitution?
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On April 8, 1913.
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what were the issues related to it?
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According to Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, those in favor of popular elections for senators believed two primary problems were caused by the original provisions: legislative corruption and electoral deadlocks. There was a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Between 1857 and 1900, the Senate investigated three elections over corruption. In 1900, for example, William A. Clark had his election voided after the Senate concluded that he had bought votes in the Montana legislature.
Seventeenth Amendment to the United States Constitution | Issues
The transition began with two special elections in Georgia and Maryland, then in earnest with the November 1914 election; it was complete on March 4, 1919, when the senators chosen at the November 1918 election took office.
Seventeenth Amendment to the United States Constitution | Introduction
In "Trinsey v. Pennsylvania" (1991), the United States Court of Appeals for the Third Circuit was faced with a situation where, following the death of Senator John Heinz of Pennsylvania, Governor Bob Casey had provided for a replacement and for a special election that did not include a primary. A voter and prospective candidate, John S. Trinsey, Jr., argued that the lack of a primary violated the Seventeenth Amendment and his right to vote under the Fourteenth Amendment. The Third Circuit rejected these arguments, ruling that the Seventeenth Amendment does not require primaries. Another subject of analysis is whether statutes restricting the authority of governors to appoint temporary replacements are constitutional.
Seventeenth Amendment to the United States Constitution | Court cases and interpretation controversies
The tipping point came in 1865 with the election of John P. Stockton (D-NJ), which happened after the New Jersey legislature changed its rules regarding the definition of a quorum. In 1866, Congress acted to standardize a two-step process for Senate elections. In the first step, each chamber of the state legislature would meet separately to vote. The following day, the chambers would meet in "joint assembly" to assess the results, and if a majority in both chambers had voted for the same person, he would be elected. If not, the joint assembly would vote for a senator, with each member receiving a vote.
Seventeenth Amendment to the United States Constitution | Issues
As time went by, more and more state legislatures adopted resolutions demanding that a convention be called, thus pressuring the Senate to finally relent and approve what later became the Seventeenth Amendment for fear that such a convention—if permitted to assemble—might stray to include issues above and beyond just the direct election of senators.
Constitutional amendment | Federal constitution
The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the popular election of United States senators in each state. The amendment supersedes , Clauses 1 and2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held. The amendment was proposed by the 62nd Congress in 1912 and became part of the Constitution on April 8, 1913, on ratification by three-quarters (36) of the state legislatures. Sitting senators were not affected until their existing terms expired.
Seventeenth Amendment to the United States Constitution | Introduction
But analysts Bybee and Todd Zywicki believe this concern was largely unfounded; there was a "dearth of hard information" on the subject. In more than a century of legislative elections of U.S. senators, only ten cases were contested for allegations of impropriety. Electoral deadlocks were another issue. Because state legislatures were charged with deciding whom to appoint as senators, the system relied on their ability to agree. Some states could not, and thus delayed sending representatives to Congress; in a few cases, the system broke down to the point where states completely lacked representation in the Senate. Deadlocks started to become an issue in the 1850s, with a deadlocked Indiana legislature allowing a Senate seat to sit vacant for two years.
Seventeenth Amendment to the United States Constitution | Issues
However, when the joint resolution reached the Senate, it failed from neglect, as it did again in 1900, 1904 and 1908; each time the House approved the appropriate resolution, and each time it died in the Senate.
Seventeenth Amendment to the United States Constitution | Calls for reform
Sanford Levinson, in his rebuttal to Amar, argues that rather than engaging in a textual interpretation, those examining the meaning of constitutional provisions should interpret them in the fashion that provides the most benefit, and that legislatures' being able to restrict gubernatorial appointment authority provides a substantial benefit to the states.
Seventeenth Amendment to the United States Constitution | Court cases and interpretation controversies
Calls for a constitutional amendment regarding Senate elections started in the early 19th century, with Henry R. Storrs in 1826 proposing an amendment to provide for popular election. Similar amendments were introduced in 1829 and 1855, with the "most prominent" proponent being Andrew Johnson, who raised the issue in 1868 and considered the idea's merits "so palpable" that no additional explanation was necessary. As noted above, in the 1860s, there was a major congressional dispute over the issue, with the House and Senate voting to veto the appointment of John P. Stockton to the Senate due to his approval by a plurality of the New Jersey Legislature rather than a majority.
Seventeenth Amendment to the United States Constitution | Calls for reform
It was hoped they would provide abler deliberation and greater stability than the House of Representatives due to the senators' status.
Seventeenth Amendment to the United States Constitution | Original composition
Most of the South had one-party states. When the resolution came before the Senate, a substitute resolution, one without the rider, was proposed by Joseph L. Bristow of Kansas. It was adopted by a vote of 64 to 24, with four not voting. Nearly a year later, the House accepted the change. The conference report that would become the Seventeenth Amendment was approved by the Senate 42 to 36 on April 12, 1912, and by the House 238 to 39, with 110 not voting on May 13, 1912.
Seventeenth Amendment to the United States Constitution | Proposal in Congress
Inserted a new subsection in Article 28.4: The existing subsection 3º of Article 28.4 was renumbered as subsection 4º.
Seventeenth Amendment of the Constitution of Ireland | Changes to the text
If no person received a majority, the joint assembly was required to keep convening every day to take at least one vote until a senator was elected. Nevertheless, between 1891 and 1905, 46 elections were deadlocked across 20 states; in one extreme example, a Senate seat for Delaware went unfilled from 1899 until 1903. The business of holding elections also caused great disruption in the state legislatures, with a full third of the Oregon House of Representatives choosing not to swear the oath of office in 1897 due to a dispute over an open Senate seat. The result was that Oregon's legislature was unable to pass legislation that year.
Seventeenth Amendment to the United States Constitution | Issues
senator legislatively.
Seventeenth Amendment to the United States Constitution | First direct elections to the Senate
State legislatures retained the theoretical right to "instruct" their senators to vote for or against proposals, thus giving the states both direct and indirect representation in the federal government. The Senate was part of a formal bicameralism, with the members of the Senate and House responsible to completely distinct constituencies; this helped defeat the problem of the federal government being subject to "special interests". Members of the Constitutional Convention considered the Senate to be parallel to the British House of Lords as an "upper house", containing the "better men" of society, but improved upon as they would be conscientiously chosen by the upper houses of state republican legislatures for fixed terms, and not merely inherited for life as in the British system, subject to a monarch's arbitrary expansion.
Seventeenth Amendment to the United States Constitution | Original composition
With direct election, each vote represented equally, the Democrats retained control of the Senate. The reputation of corrupt and arbitrary state legislatures continued to decline as the Senate joined the House of Representatives implementing popular reforms. Bybee has argued that the amendment led to complete "ignominy" for state legislatures without the buttress of a state-based check on Congress. In the decades following the Seventeenth Amendment, the federal government was enabled to enact progressive measures. However, Schleiches argues that the separation of state legislatures and the Senate had a beneficial effect on the states, as it led state legislative campaigns to focus on local rather than national issues.
Seventeenth Amendment to the United States Constitution | Effect
The referendum occurred on the same day as the 1997 presidential election.
Seventeenth Amendment of the Constitution of Ireland | Overview
In the absence of this process, they held that the Seventeenth Amendment did not require primary elections to fill vacancies, and more broadly gave state legislatures wide discretion as to how to hold elections; as such, the statute did not violate the constitution. In December 1991 the Supreme Court denied a writ of "certiorari", presumably because the special election had already taken place in November and the issue was thus moot.
Trinsey v. Pennsylvania | Judgment
The Seventeenth Amendment altered the process for electing United States senators and changed the way vacancies would be filled. Originally, the Constitution required state legislatures to fill Senate vacancies. According to Judge Bybee, the Seventeenth Amendment had a dramatic impact on the political composition of the U.S. Senate. Before the Supreme Court required "one man, one vote" in "Reynolds v. Sims" (1964), malapportionment of state legislatures was common. For example, rural counties and cities could be given "equal weight" in the state legislatures, enabling one rural vote to equal 200 city votes. The malapportioned state legislatures would have given the Republicans control of the Senate in the 1916 Senate elections.
Seventeenth Amendment to the United States Constitution | Effect
The federal courts' interpretations of the Sixteenth Amendment have changed considerably over time and there have been many disputes about the applicability of the amendment.
Sixteenth Amendment to the United States Constitution | Case law
In 1911, the House of Representatives passed House Joint Resolution 39 proposing a constitutional amendment for direct election of senators. The original resolution passed by the House contained the following clause: This so-called "race rider" clause would have strengthened the powers of states over senatorial elections and weakened those of Congress by overriding Congress's power to override state laws affecting the manner of senatorial elections. Since the turn of the century, most blacks in the South, and many poor whites, had been disenfranchised by state legislatures passing constitutions with provisions that were discriminatory in practice. This meant that their millions of population had no political representation.
Seventeenth Amendment to the United States Constitution | Proposal in Congress
The freedom of speech, which is found in the First Amendment to the United States Constitution, is applied to the states through the fourteenth amendment. In "Gitlow v. New York", Justice Sanford states that "[f]or present purposes we may and do assume that freedom of speech and of the press-which are protected by the First Amendment from abridgment by Congress-are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States."
Open primaries in the United States | Constitutional issues
Constitution's 17th Amendment.
Laura E. Little | Biography
By 1912, 27 states had called for a constitutional convention on the subject, with 31 states needed to reach the threshold. As the number of applications neared the two-thirds threshold, the Senate abandoned its strategy of obstruction. An amendment to the Constitution establishing the popular election of United States Senators by the people of the states was approved by Congress on May 13, 1912, and submitted to the state legislatures for ratification. By April 8, 1913 it had been ratified by the requisite number of states (36) to become the Seventeenth Amendment to the United States Constitution.
Presidency of William Howard Taft | Direct election of senators
Having been passed by Congress, the amendment was sent to the states for ratification and was ratified by: The Utah legislature rejected the amendment on February 26, 1913. No action on the amendment has been completed by: Florida, Georgia, Kentucky, Mississippi, South Carolina, Virginia, Alaska or Hawaii. Alaska and Hawaii were not yet states at the time of the amendment's proposal, and have never taken any official action to support or oppose the amendment since achieving statehood.
Seventeenth Amendment to the United States Constitution | Ratification by the states
The issue had no bearing on the final result.
1816 United States presidential election | Dispute about Indiana
Vikram Amar, writing in the "Hastings Constitutional Law Quarterly", claims Wyoming's requirement that its governor fill a senatorial vacancy by nominating a person of the same party as the person who vacated that seat violates the Seventeenth Amendment. This is based on the text of the Seventeenth Amendment, which states that "the legislature of any state may empower the executive thereof to make temporary appointments". The amendment only empowers the legislature to delegate the authority to the governor and, once that authority has been delegated, does not permit the legislature to intervene. The authority is to decide whether the governor shall have the power to appoint temporary senators, not whom the governor may appoint.
Seventeenth Amendment to the United States Constitution | Court cases and interpretation controversies
Writing for the majority, Justice James Clark McReynolds held that the U.S. Constitution did not grant Congress the power to regulate primary elections or political party nomination processes. The power of Congress over federal elections, McReynolds said, has its source solely in Article I, Section 4, of the Constitution. The Seventeenth Amendment, promulgated in May 1913, neither instituted nor required a new meaning of the term "election" and so did not modify Article I, Section 4. Primaries, McReynolds argued, are definitely not elections for office. Neither a plain reading of the Constitution nor the meaning ascribed to them by the framers of the Constitution permits any other conclusion, he said.
Newberry v. United States | Decision
William Randolph Hearst opened a nationwide popular readership for direct election of U.S. senators in a 1906 series of articles using flamboyant language attacking "The Treason of the Senate" in his "Cosmopolitan" magazine. David Graham Philips, one of the "yellow journalists" whom President Teddy Roosevelt called "muckrakers", described Nelson Aldrich of Rhode Island as the principal "traitor" among the "scurvy lot" in control of the Senate by theft, perjury, and bribes corrupting the state legislatures to gain election to the Senate. A few state legislatures began to petition the Congress for direct election of senators. By 1893, the House had the two-thirds vote for just such an amendment.
Seventeenth Amendment to the United States Constitution | Calls for reform
In "Bowers v. Kerbaugh-Empire Co.", , the Supreme Court, through Justice Pierce Butler, stated:
Sixteenth Amendment to the United States Constitution | The "Kerbaugh-Empire Co." case
Main Article: 17th Amendment to the United States Constitution In 1913 the 17th amendment was passed and signed into law. This amendment effectively defeated Hamilton's argument on the matter of the election of senators and the necessary evil that he saw as a check by the states on the power of the federal government. Specifically, Article 1, Amendment 17, 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."
Federalist No. 59 | 17th Amendment
The ambiguities in Article II, Section 1, Clause6 of the Constitution regarding death, resignation, removal, or disability of the president created difficulties several times:
Twenty-fifth Amendment to the United States Constitution | Historical background
However, under the new Constitution, the federal government was granted substantially more power than before. Having the state legislatures elect the senators reassured anti-federalists that there would be some protection against the federal government's swallowing up states and their powers, and providing a check on the power of the federal government. Additionally, the longer terms and avoidance of popular election turned the Senate into a body that could counter the populism of the House. While the representatives operated in a two-year direct election cycle, making them frequently accountable to their constituents, the senators could afford to "take a more detached view of issues coming before Congress".
Seventeenth Amendment to the United States Constitution | Original composition
The Supreme Court granted certiorari to decide "Whether the Nineteenth Amendment has become part of the federal Constitution." The plaintiffs disputed the constitutionality of the amendment through three claims: In a unanimous decision, the court addressed each objection in turn. In response to the first objection, the court declared that since the Fifteenth Amendment had been accepted as valid for more than fifty years, and dealt with a similar matter (in this case, that voting rights could not be denied on account of race), it could not be argued that the new amendment was invalid due to its subject matter.
Leser v. Garnett | Case
In 1992, during the Beef Tribunal, the Supreme Court ruled that, as the constitution stood, the confidentiality of meetings of the Government (the cabinet) was unbreachable and absolute. The court derived its ruling from Article 28.4.2º, which requires that the Government observe the principle of collective responsibility. The purpose of the Seventeenth Amendment was to allow cabinet confidentiality to be relaxed in certain circumstances. The amendment was adopted during the Fianna Fáil–Progressive Democrats coalition government led by Bertie Ahern but had been first drafted and suggested by the previous Fine Gael–Labour Party–Democratic Left government led by John Bruton. The amendment, therefore, had the support of all major parties.
Seventeenth Amendment of the Constitution of Ireland | Overview
From the early 19th century, it also meant a lame duck Congress and presidential administration would fail to adequately respond to a significant national crises in a timely manner. Each institution could do this on the theory that, at best, a lame duck Congress or administration had neither the time nor the mandate to tackle problems, whereas the incoming administration or Congress would have both the time, and a fresh electoral mandate, to examine and address the problems the nation faced. These problems very likely would have been at the center of the debate of the just completed election cycle.
Twentieth Amendment to the United States Constitution | Historical background
The question presented by this case was whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution requires that undergraduate students be allowed to participate in the election of the Pennsylvania State University board of trustees—thereby allowing them to have a voice in the board's makeup.
Benner v. Oswald | Issue
Originally, under , Clauses 1 and2 of the Constitution, each state legislature elected its state's senators for a six-year term. Each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between the small and large states. This contrasted with the House of Representatives, a body elected by popular vote, and was described as an uncontroversial decision; at the time, James Wilson was the sole advocate of popularly electing the Senate, but his proposal was defeated 10–1. There were many advantages to the original method of electing senators. Prior to the Constitution, a federal body was one where states effectively formed nothing more than permanent treaties, with citizens retaining their loyalty to their original state.
Seventeenth Amendment to the United States Constitution | Original composition
In the year of the 150th anniversary of the Fifteenth Amendment Columbia University history professor and historian Eric Foner said about the Fifteenth Amendment as well as its history during the Reconstruction era and Post-Reconstruction era:
Fifteenth Amendment to the United States Constitution | Application
The relevant clauses of the 1st and 14th Amendments to the United States Constitution:
McGowan v. Maryland | Constitutional text
The Seventeenth Amendment of the Constitution Act 1997 amended the Constitution of Ireland to provide that the confidentiality of meetings of the cabinet would not prevent the High Court from ordering that certain information be disclosed when this was in the public interest. It was approved by referendum on 30 October 1997 and signed into law on 14 November of the same year.
Seventeenth Amendment of the Constitution of Ireland | Introduction
An unsuccessful proposed constitutional amendment to do this failed in 1978. Many citizens of the district favor statehood or further constitutional amendments to address these issues.
Twenty-third Amendment to the United States Constitution | Introduction
The "Harper" decision relied upon the Equal Protection Clause of the Fourteenth Amendment, rather than the Twenty-Fourth Amendment. As such, issues related to whether burdens on voting are equivalent to poll taxes in discriminatory effect have usually been litigated on Equal Protection grounds since.
Twenty-fourth Amendment to the United States Constitution | Post-ratification law
According to the four dissenting justices, the Fourteenth Amendment and Seventeenth Amendment "are not rips in the fabric of the Framers' Constitution, inviting judicial repairs," and that amendments affecting states' rights like the Seventeenth Amendment "did not convert the judiciary into an alternate shield against the commerce power."
United States v. Morrison | Dissenting opinions
The "Pollock" ruling made the "source of the income" (e.g., property versus labor, etc.) relevant in determining whether the tax imposed on that income was deemed to be "direct" (and thus required to be apportioned among the states according to population) or, alternatively, "indirect" (and thus required only to be imposed with geographical uniformity).
Sixteenth Amendment to the United States Constitution | The "Pollock" case
The Supreme Court upheld that income tax in the 1916 case of "Brushaber v. Union Pacific Railroad Co.", and the federal government has continued to levy an income tax since 1913.
Sixteenth Amendment to the United States Constitution | Introduction
Some members of the Tea Party movement argued for repealing the Seventeenth Amendment entirely, claiming it would protect states' rights and reduce the power of the federal government. On March 2, 2016, the Utah legislature approved Senate Joint Resolution No.2 asking Congress to offer an amendment to the United States Constitution that would repeal the Seventeenth Amendment. , no other states had supported such an amendment, and some politicians who had made statements in favor of repealing the amendment had subsequently reversed their position on this. On July 28, 2017, after Senators John McCain, Susan Collins and Lisa Murkowski voted no on Affordable Care Act repeal attempt Health Care Freedom Act, former Arkansas Governor Mike Huckabee endorsed the repeal on the Seventeenth Amendment, claiming that Senators chosen by state legislatures will work for their states and respect the Tenth Amendment, and also that direct election of Senators is a major cause of the "swamp".
Seventeenth Amendment to the United States Constitution | Reform and repeal efforts
The Seventeenth Amendment to the Constitution of Pakistan (Urdu: آئین پاکستان میں سترہویں ترمیم) was an amendment to the Constitution of Pakistan passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf. This amendment made many changes to Pakistan's constitution. Many of these changes dealt with the office of the president and the reversal of the effects of the Thirteenth Amendment. Summarized here are brief descriptions of the major points.
Seventeenth Amendment to the Constitution of Pakistan | Introduction
The first question to be addressed was the right of Congress to override minimum voting ages set by states for federal Congressional elections. Article I of the Constitution states that, in elections for the U.S. House of Representatives, "Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature". The Seventeenth Amendment extends the same requirement to elections for the U.S. Senate. Article I furthermore gives states the right prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives", but also states that "Congress may at any time by Law make or alter such Regulations".
Oregon v. Mitchell | Congressional elections
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as "Brown v.
Fourteenth Amendment to the United States Constitution | Introduction
Though many of the original proposals for the amendment had been moderated by negotiations in committee, the final draft nonetheless faced significant hurdles in being ratified by three-fourths of the states. Historian William Gillette wrote of the process, "it was hard going and the outcome was uncertain until the very end." One source of opposition to the proposed amendment was the women's suffrage movement, which before and during the Civil War had made common cause with the abolitionist movement. However, with the passage of the Fourteenth Amendment, which had explicitly protected only male citizens in its second section, activists found the civil rights of women divorced from those of blacks.
Fifteenth Amendment to the United States Constitution | Ratification
Since the tail end of the 1900s, proposals to reform what was recognised as an inefficient and regressive tax system had become the major issue in North Carolina, especially after the Sixteenth Amendment was ratified.
1916 United States presidential election in North Carolina | Background
The amendment failed to become part of the Constitution, however, as it was not ratified by the required number of states (38) prior to its August 22, 1985 ratification deadline. The campaign for the proposed amendment ran into much fiercer conservative opposition due to the open and obvious fact that by 1978 the proposed amendment would have practically guaranteed two Democratic senators for some time; the amendment was criticized on various other grounds as well, and was not ratified even by several more "liberal" states.
Twenty-third Amendment to the United States Constitution | Political impact
The Due Process clause applies regardless whether one is citizen of the United States of America or not.
Fourteenth Amendment to the United States Constitution | General aspects
Consideration then turned to a proposed amendment by Representative John A. Bingham of Ohio, which would enable Congress to safeguard "equal protection of life, liberty, and property" of all citizens; this proposal failed to pass the House. In April 1866, the Joint Committee forwarded a third proposal to Congress, a carefully negotiated compromise that combined elements of the first and second proposals as well as addressing the issues of Confederate debt and voting by ex-Confederates. The House of Representatives passed "House Resolution 127, 39th Congress" several weeks later and sent to the Senate for action. The resolution was debated and several amendments to it were proposed.
Fourteenth Amendment to the United States Constitution | Proposal by Congress
Rep. 200 (N.Y.Sup. 1820) which applied Fifth Amendment double jeopardy prohibitions to New York state court operations. The court explained how to determine which constitutional provisions apply to the state and which applied only the federal government; the relevant question is whether the concepts in the constitution were confined only to the national government or if they could be extended to the states as well. Citing "Goodwin":
Nunn v. Georgia | Fundamental rights
It is associated with the Constitution Seventeenth Amendment Act of 2012, which makes corresponding necessary changes to the Constitution.
Superior Courts Act, 2013 | Introduction
They also sought to have the Seventeenth Amendment – which had placed the Punjab Act in the Ninth Schedule – declared "ultra vires". The issues involved were whether Amendment is a “law” under the meaning of Article 13(3)( a), and whether Fundamental Rights can be amended or not.
I.C. Golaknath and Ors. vs State of Punjab and Anrs. | Facts
CRS Annotated Constitution: Twentieth Amendment
Twentieth Amendment to the United States Constitution | External links
The subject matter of the referendum was described as follows:
Fourth Amendment of the Constitution Bill 1968 | Proposed change
The Seventeenth Amendment requires a governor to call a special election to fill vacancies in the Senate. It also allows a state's legislature to permit its governor to make temporary appointments, which last until a special election is held to fill the vacancy. Currently, all but five states (North Dakota, Oklahoma, Oregon, Rhode Island, and Wisconsin) permit such appointments. The Constitution does not set out how the temporary appointee is to be selected.
Seventeenth Amendment to the United States Constitution | Filling vacancies
Watson responded by starting a new push for ratification with a letter-writing campaign to state legislatures. In "Dillon v. Gloss", , the Supreme Court remarked that "ratification [of a proposed constitutional amendment] must be within some reasonable time after the proposal", and suggested that it was "quite untenable" to view proposed amendments from 1789, 1810, 1861 as still pending. However, in "Coleman v. Miller", , the court ruled that the validity of state ratifications of a constitutional amendment is political in nature, and so not a matter properly assigned to the judiciary. It also held that as a political question, it was up to Congress to determine if an amendment with no time limit for ratification was still viable after an extended lapse of time based on "the political, social and economic conditions which have prevailed during the period since the submission of the amendment".
Twenty-seventh Amendment to the United States Constitution | Revival of interest
The Eleventh Amendment (1795) specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country, thus extending to the states sovereign immunity protection from certain types of legal liability. has been affected by this amendment, which also overturned the Supreme Court's decision in "Chisholm v. Georgia". The Sixteenth Amendment (1913) removed existing Constitutional constraints that limited the power of Congress to lay and collect taxes on income. Specifically, the apportionment constraints delineated in Article 1, Section 9, Clause 4 have been removed by this amendment, which also overturned an 1895 Supreme Court decision, in "Pollock v.
Constitution of the United States | Governmental authority (Amendments 11, 16, 18, and 21)
Was the oath requirement a violation of the appellants' First Amendment rights and a violation of the due process clause of the Fourteenth Amendment?
Speiser v. Randall | Issue
And, in "Twitchell v. Pennsylvania" (1868), the Court held that the criminal procedure provisions of the Fifth and Sixth Amendments did not apply to the state governments.
Criminal law in the Chase Court | Constitutional issues
of the Constitution reads: This provision is ambiguous as to whether, in the enumerated circumstances, the vice president becomes the president, or merely assumes the "powers and duties" of the presidency. It also fails to define what constitutes "inability", or how questions concerning inability are to be resolved. The Twenty-fifth Amendment addresses these deficiencies.
Twenty-fifth Amendment to the United States Constitution | Text and effect
In the final years of the American Civil War and the Reconstruction Era that followed, Congress repeatedly debated the rights of black former slaves freed by the 1863 Emancipation Proclamation and the 1865 Thirteenth Amendment, the latter of which had formally abolished slavery. Following the passage of the Thirteenth Amendment by Congress, however, Republicans grew concerned over the increase it would create in the congressional representation of the Democratic-dominated Southern states. Because the full population of freed slaves would be now counted rather than the three-fifths mandated by the previous Three-Fifths Compromise, the Southern states would dramatically increase their power in the population-based House of Representatives.
Fifteenth Amendment to the United States Constitution | Background
In "Wikoff v. Commissioner", the United States Tax Court said: In "Abrams v. Commissioner", the Tax Court said:
Sixteenth Amendment to the United States Constitution | "Pollock" overruled
An argument raised in the case of "Trohimovich v. Commissioner" is that the Seventeenth Amendment to the United States Constitution was not properly ratified, and that all laws passed by Congress since the year 1919 (which was not the year of ratification) are invalid. The "Trohimovich" case involved a criminal contempt charge against the taxpayer in connection with a failure to obey a subpoena to produce books and records needed for the trial of the case. The United States Tax Court stated: The court rejected the taxpayer's arguments, and ordered that "he be imprisoned for 30 days as punishment" for criminal contempt in failing to obey court orders or subpoenas.
Tax protester constitutional arguments | Seventeenth Amendment
The change proposed to change the text of Article 16.2.3º from: to: In the information supplied to voters, the subject matter of the referendum was described as follows:
Third Amendment of the Constitution Bill 1968 | Proposed changes to the text
Some Radical Republicans, such as Massachusetts Senator Charles Sumner, abstained from voting because the amendment did not prohibit literacy tests and poll taxes. Following congressional approval, the proposed amendment was then sent by Secretary of State William Henry Seward to the states for ratification or rejection.
Fifteenth Amendment to the United States Constitution | Proposal
Because the Fifteenth Amendment would have been superfluous if the Fourteenth Amendment (the basis of the reapportionment decisions) had conferred a general right to vote, he claimed that the Constitution did not require states to adhere to the one man, one vote principle, and that the Court was merely imposing its own political theories on the nation. He suggested, in addition, that the problem of malapportionment was one that should be solved by the political process, and not by litigation. He wrote:
John Marshall Harlan II | Voting rights
In March 1785, delegates from Virginia and Maryland assembled at the Mount Vernon Conference to fashion a remedy to the inefficiencies of the Articles of Confederation. The following year, at a meeting in Annapolis, Maryland, 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) met and drew up a list of problems with the current government model. At its conclusion, the delegates scheduled a follow-up meeting in Philadelphia, Pennsylvania for May 1787 to present solutions to these problems, such as the absence of: It quickly became apparent that the solution to all three of these problems required shifting control of the states' militias to the federal Congress and giving that congress the power to raise a standing army.
Second Amendment to the United States Constitution | Drafting and adoption of the Constitution
In 1877, Republican Rutherford B. Hayes was elected president after a highly contested election, receiving support from three Southern states in exchange for a pledge to allow white Democratic governments to rule without federal interference. As president, he refused to enforce federal civil rights protections, allowing states to begin to implement racially discriminatory Jim Crow laws. A Federal Elections Bill (the "Lodge Bill" of 1890) was successfully filibustered in the Senate.
Fifteenth Amendment to the United States Constitution | Reconstruction
The Fifteenth Amendment deleted the following Article 41.3.2º of the Constitution: and substituted that subsection with the following:
Fifteenth Amendment of the Constitution of Ireland | Changes to the text
United States" (1919). In his majority opinion, Sanford laid out the grounds for incorporation of freedom of speech and freedom of the press, holding that they were among the rights protected by the Due Process Clause of the Fourteenth Amendment. Later Supreme Court cases such as "De Jonge v. Oregon" (1937) would incorporate other provisions of the Bill of Rights on the same basis as "Gitlow".
Gitlow v. New York | Introduction
Notwithstanding controversies over the effects of the Seventeenth Amendment, advocates have emerged to reform or repeal the amendment. Under President Barack Obama's administration in 2009, four sitting Democratic senators left the Senate for executive branch positions: Barack Obama (President), Joe Biden (Vice President), Hillary Clinton (Secretary of State), and Ken Salazar (Secretary of the Interior). Controversies developed about the successor appointments made by Illinois governor Rod Blagojevich and New York governor David Paterson. New interest was aroused in abolishing the provision for the Senate appointment by the governor. Accordingly, Senator Russ Feingold of Wisconsin and Representative David Dreier of California proposed an amendment to remove this power; senators John McCain and Dick Durbin became co-sponsors, as did Representative John Conyers.
Seventeenth Amendment to the United States Constitution | Reform and repeal efforts
The subject matter of the referendum was described as follows:
Third Amendment of the Constitution Bill 1958 | Proposed change
The '± Yes 1986' column shows the percentage point change in the Yes vote compared to the Tenth Amendment of the Constitution Bill on a similar proposal rejected in a referendum in 1986.
Fifteenth Amendment of the Constitution of Ireland | Result
On May 8, 1866, during a debate on the Fourteenth Amendment, Thaddeus Stevens, the leader of the Republicans in the House of Representatives, delivered a speech on the amendment's intent. Regarding Section 2, he said: Federal law () implements Section 2's mandate.
United States Electoral College | Fourteenth Amendment
Nixon argued that the statute violated the Fourteenth and Fifteenth Amendments to the Constitution. The defendants argued that the Court lacked jurisdiction over the issue, as it was a political question.
Nixon v. Herndon | Issue
The Constitution Seventeenth Amendment Act came into force on 23 August 2013; along with the Superior Courts Act it restructured the judicial system. The amendment:
Constitution of South Africa | Seventeenth Amendment
The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with issues related to presidential succession and disability. It clarifies that the vice president becomes president (as opposed to acting president) if the president dies, resigns, or is removed from office; and establishes procedures for filling a vacancy in the office of the vice president and for responding to presidential disabilities. The Twenty-fifth Amendment was submitted to the states on July 6, 1965, by the 89th Congress and was adopted on February 10, 1967, during the 90th Congress, the day that the requisite number (38) of individual states had ratified the amendment.
Twenty-fifth Amendment to the United States Constitution | Introduction
The final vote tally was:
Nineteenth Amendment to the United States Constitution | Final congressional challenges
These incompatible interpretations of the British constitution would become the central issue of the American Revolution.
Colonial government in the Thirteen Colonies | Parliament
In 1913, he made an unsuccessful run for the U.S. Senate, seeking the Democratic nomination from the state legislature. That year, the Seventeenth Amendment to the United States Constitution was ratified, providing for popular election of US senators. It generally affected elections for US senators beginning in 1914.
Lawrence Tyson | State politics
The Third Amendment of the Constitution Bill 1971 was introduced in the Dáil by Tánaiste Erskine H. Childers of Fianna Fáil. Among the opposition parties, it was supported by Fine Gael and opposed by the Labour Party. At the Second Stage debates, it was moved by Taoiseach Jack Lynch. The Labour Party sought to defeat the reading of the bill at second stage; a government motion to prevent this passed by 106 votes to 17, and the bill proceeded to Committee Stage. At Committee Stage, the government accepted a Fine Gael amendment to the final sentence. As initiated, this sentence had begun, "No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State consequent on membership of the Communities […]"; the amendment replaced the words highlighted in bold with the words "necessitated by the obligations of".
Third Amendment of the Constitution of Ireland | Oireachtas debate
(*note. Though the 17th Amendment to the Constitution was not ratified until 1913, the Montana legislature provided for the direct election of US Senators in 1911 in anticipation of the amendment's ratification.) Dixon would lose the election in a Democratic sweep and would lose the paper for financial reasons five years later.
Missoulian | Republican era
It alters references to the High Courts so that they are regarded as divisions of a single High Court of South Africa rather than separate courts.
Seventeenth Amendment of the Constitution of South Africa | Provisions
After U.S. Supreme Court decisions between 1873 and 1875 denied voting rights to women in connection with the Fourteenth and Fifteenth Amendments, suffrage groups shifted their efforts to advocating for a new constitutional amendment.
Nineteenth Amendment to the United States Constitution | Reconstruction Amendments and woman suffrage (1865-1877)
The right for Protestants to bear arms in English history is regarded in English law as a subordinate auxiliary right of the primary rights to personal security, personal liberty, and private property. According to Sir William Blackstone, "The... last auxiliary right of the subject... is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is... declared by... statute, and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression." The English Bill of Rights of 1689 emerged from a tempestuous period in English politics during which two issues were major sources of conflict: the authority of the King to govern without the consent of Parliament, and the role of Catholics in a country that was becoming ever more Protestant.
Second Amendment to the United States Constitution | Influence of the English Bill of Rights of 1689
The Supreme Court faced three issues here. The first involved three questions as to the constitutionality of the Minnesota statutes: The second issue exposed the tension between the Eleventh Amendment and the Fourteenth Amendment. The Eleventh Amendment had recently been held in "Hans v. Louisiana", 134 U.S. 1 (1890), to prohibit the federal courts from hearing suits by citizens against their own states. Conversely, the Fourteenth Amendment prohibits the states from violating the due process rights of their citizens. Could a federal court entertain a lawsuit seeking to enjoin a state official from carrying out state laws that were purportedly in violation of the Fourteenth Amendment?
Ex parte Young | Issue
The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits the federal government and each state from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments. In the final years of the American Civil War and the Reconstruction Era that followed, Congress repeatedly debated the rights of the millions of former black slaves. By 1869, amendments had been passed to abolish slavery and provide citizenship and equal protection under the laws, but the election of Ulysses S.
Fifteenth Amendment to the United States Constitution | Introduction
He was a supporter of the Sixteenth Amendment, passed by the Congress in 1909, which allowed the Congress to levy an income tax without apportioning it among the states or basing it on census results; a federal income tax was required inter alia to make up for the revenues lost to the federal government by reductions in tariff rates.
Robert Latham Owen | Other issues
Hughes".
Nineteenth Amendment to the United States Constitution | Introduction
As a result of the 15th Amendment, clauses such as the Grandfather Clause in the Constitution of Oklahoma would be voided of all racial discrimination if they were dependent upon the year 1871. Since they looked at relatives prior to 1866, however, there was technically a loophole that allowed discrimination.
Guinn v. United States | Fifteenth Amendment
James J. Kilpatrick, a political columnist, asserted that the states were "extorted" into ratifying the Twenty-sixth Amendment. In his article, he claims that by passing the 1970 extension to the Voting Rights Act, Congress effectively forced the States to ratify the amendment lest they be forced to financially and bureaucratically cope with maintaining two voting registers. George Gallup also mentions the cost of registration in his article showing percentages favoring or opposing the amendment, and he draws particular attention to the lower rates of support among adults aged 30–49 and over 50 (57% and 52% respectively) as opposed to those aged 18–20 and 21–29 (84% and 73% respectively).
Twenty-sixth Amendment to the United States Constitution | Opposition
In the late 19th century and early 20th century, many legal observers believed that the Supreme Court had erred in designating some income taxes as direct taxes. The Supreme Court had previously rejected the argument that income taxes constituted direct taxes in "Springer v. United States" (1881). Some legal scholars continue to question whether the Supreme Court ruled correctly in "Pollock", but others contend that the original meaning of direct taxes did indeed include income taxes.
Sixteenth Amendment to the United States Constitution | Necessity of amendment
not for a full term). The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place. The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states):
United States Senate | Vacancies