BGuthrie Photos: DC -- Natl Archives -- Exhibit: Amending America

DC -- Natl Archives -- Exhibit: Amending America:

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Description of Pictures: New exhibit explores the 225th Anniversary of the Bill of Rights
Washington, DC – On March 11, 2016, the National Archives will open a new exhibition, Amending America. Featuring more than 50 original documents from the National Archives, this exhibit highlights the remarkably American story of how we have amended, or attempted to amend, the Constitution in order to form “a more perfect union.” Next year, 2016, marks the 225th anniversary of the Bill of Rights, written in 1789 and ratified on December 15, 1791. The original Bill of Rights, on permanent display in the National Archives Rotunda for the Charters of Freedom, is still closely connected to the biggest issues of today--and to each of our citizens.
Amending America is free and open to the public, and will be on display in the Lawrence F. O’Brien Gallery of the National Archives Museum in Washington, DC, through September 4, 2017. Amending America is presented in part by the National Archives Foundation through the generous support of AT&T, HISTORYŽ, and the Lawrence F. O'Brien Family.
It is possible to amend the Constitution – but it’s not easy. Only 27 times—out of more than 11,000 tries—has Congress reached consensus to amend the Constitution. Amending America pulls back the curtain on this fascinating process and shares highlights from 225 years of renegotiating our fundamental governing contract. The 3,000 square foot exhibit includes petitions, interactives, landmark documents, and political cartoons addressing issues including child labor, prayer in schools, free speech, suffrage, civil rights, and more.

Learn about some of the 11,000 proposed (but not ratified) amendments including:
* H.R. 8 - to prohibit any person involved in a duel from holding federal office (1838).
* H.J. Res. 159 - to extend voting rights to widows and spinsters who are property holders (1888)
* H.J. Res. 661 to prohibit drunkenness (1938, five years after the repeal of Prohibition)
* Petition for a constitutiona ...More...

Same Event: Wait! There's more! Because I took too many pictures, photos from this event were divided among the following pages: [Display ALL photos on one page]:

2016_DC_Archives_Amending: DC -- Natl Archives -- Exhibit: Amending America (224 photos from 2016)
2016_DC_FNA_160314: Foundation for the Natl Archives -- "Amending America" member event (40 photos from 2016)
2016_DC_Archives_AmendPP_160308: Natl Archives -- Press Preview: Amending America (Presentation) (29 photos from 2016)
2016_DC_Archives_AmendPT_160308: Natl Archives -- Press Preview: Amending America (Tour) (7 photos from 2016)

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Copyrights: All pictures were taken by amateur photographer Bruce Guthrie (me!) who retains copyright on them. Free for non-commercial use with attribution. See the [Creative Commons] definition of what this means. "Photos (c) Bruce Guthrie" is fine for attribution. (Commercial use folks including AI scrapers can of course contact me.) Feel free to use in publications and pages with attribution but you don't have permission to sell the photos themselves. A free copy of any printed publication using any photographs is requested. Descriptive text, if any, is from a mixture of sources, quite frequently from signs at the location or from official web sites; copyrights, if any, are retained by their original owners.

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Specific picture descriptions: Photos above with "i" icons next to the bracketed sequence numbers (e.g. "[1] ") are described as follows:
1. AMEND1_160308_034.JPG: Amending America 225th Anniversary of the Bill of Rights On December 15, 1791, ten amendments were ratified and became part of the US Constitution. Collectively, these ten are known as the Bill of Rights. This banner lists the 11,000+ amendments that were introduced in Congress but that failed to be enacted. Follow the banner to the Amending America exhibit that explores the stories behind the 27 ratified amendments and some of those that failed.
2. AMEND1_160308_052.JPG: Attempts: 11,000 Passed: 27 Failed: 6
3. AMEND1_160308_074.JPG: "UnAmerican" Beliefs Should political beliefs considered "unAmerican" send you to prison? No, said the Hollywood writers and actors who created the Committee for the First Amendment in 1947. Pursuing communists during the Cold War, Congress subpoenaed the "Hollywood Ten" to question their beliefs. Citing the First Amendment, they refused to answer, and were jailed for contempt. Congress later abandoned these hearings. Statement of the Committee for the First Amendment, circa 1947. Records of the U.S. House of Representatives "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." -- First Amendment, U.S. Constitution, 1791
4. AMEND1_160308_078.JPG: Hollywood celebrities as they arrived at the Capitol to protest the tactics of the House UnAmerican Activities Committee's investigation into alleged Hollywood communism, October 27, 1947.
5. AMEND1_160308_090.JPG: Postcard from followers of Jack Runyon in favor of the Bible and prayer in school, circa 1964, Records of the US House of Representatives
6. AMEND1_160308_093.JPG: Practicing Religion Prayer had been a fixture in many schools. When it was challenged in 1962 and 1963, the Supreme Court ruled that prayer directed by public schools violated the First Amendment's Establishment Clause. This church supported an unsuccessful amendment to overturn the Court's decisions: "if this nation is to survive as a bulwark of freedom, it must do so under God." Letter from the Central Christian Church of Fort Lauderdale in favor of a school prayer constitutional amendment, June 11, 1964
7. AMEND1_160308_096.JPG: Prayer and Bible in Schools God and the Bible never left schools, this Baptist letter writer pointed out. While some religious organizations welcomed an amendment authorizing school prayer, others argued that existing laws already protected religious freedoms. With religious institutions divided, the proposed amendments died in congressional committee. The school prayer amendment is one of the most frequently introduced amendments in Congress. Letter from the Alabama Baptist State Convention opposed to a school prayer constitutional amendment, May 8, 1964
8. AMEND1_160308_104.JPG: Flag Burning = Free Speech Flag burning is free speech, ruled the Supreme Court in Texas v. Johnson (1989), stating, "Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." In response, Congress considered a resolution to alter the First Amendment. The Flag Desecration Amendment failed, for many of the reasons listed in this letter. "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion . . ." -- Supreme Court Justice Robert H. Jackson, in West Virginia Board of Education v. Barnette (1943)
9. AMEND1_160308_108.JPG: Participants and flag at a Civil Rights event at the Edmund Pettus Bridge in Selma, Alabama, March 5, 2000, William J. Clinton Presidential Library
10. AMEND1_160308_114.JPG: Free Press for Comic Books Does the First Amendment's protection of the free press include crime and horror comic books aimed at children? These comic books were some of the more than 600 collected by the Senate Judiciary Subcommittee on Juvenile Delinquency during a 1954 investigation to determine if such comics contributed to youth crime. Although the Senate considered censoring this kind of publication, ultimately it proposed no corresponding bill. Panic, No. 2, May 1954, Records of the U.S. Senate
11. AMEND1_160308_118.JPG: Foreign language newspapers published in the United States are displayed and sold along with newspapers published in the English Language, date unknown. Records of the United States Information Agency
12. AMEND1_160308_123.JPG: Students from Pittsburgh, Pennsylvania, take part in the Civil Rights March on Washington, August 28, 1963, Records of the United States Information Agency
13. AMEND1_160308_125.JPG: Right to Peaceably Assemble Opponents of the pending Civil Rights Act predicted violence at the 1963 March on Washington and attempted to block the demonstration. Their fears were unfounded, and the march proceeded calmly. Many of the addresses were memorable -- especially Martin Luther King, Jr.'s "I Have a Dream" speech -- but the most emotionally powerful aspect of the march was the demonstrators' peaceful assembly. March on Washington for Jobs and Freedom, Lincoln Memorial Program, August 28, 1963, John F. Kennedy Presidential Library
14. AMEND1_160308_128.JPG: 19th Century Petitioning Petition drive organizers in the 1800s and 1900s vigorously exercised their First Amendment right to petition the government. Organizers printed the text of a petition on the top of a page, and then left the bottom blank for signatures. With signatures gathered, the pages were often glued end to end to form one giant document and then sent to Congress. Rolled petition of residents of the District of Columbia against the enactment of a District Prohibition bill, circa 1939, Records of the U.S. Senate
15. AMEND1_160308_133.JPG: Amending America 11,000 Attempts, but Only 27 Amendments Only 27 times -- out of more than 11,000 proposals -- have Americans reached consensus to amend the Constitution. It is difficult -- but not impossible -- to turn an idea into an amendment. So few amendments have been successful because our Constitution sets a high bar to pass amendments. So, what kinds of proposals achieve enough support to become a ratified amendment? We have amended our Constitution to reshape fundamental rights, key legal powers, or elemental government structure. We have expanded voting through amendments to broaden participation. We have guaranteed our rights to experience more freedom. We have improved the structure of our government to be more secure. We amend not only to solve current problems. We amend when Americans share an understanding of an essential concern that affects us all. We amend so that We the People can create a more perfect Union. When we add new ideas to our fundamental governing charter -- our Constitution -- we are Amending America. "Let us go on perfecting the Constitution by adding, by way of amendment, those forms which time and trial show are still wanting." -- - President Thomas Jefferson, 1803
16. AMEND1_160308_136.JPG: Our Rights A History of Expanding Democracy and Freedom More than anything else, the history of constitutional amendments is a history of expanding rights and democracy. Seventeen of the 27 ratified amendments secure or expand individual rights. Some proposed amendments would limit or remove individual rights, but none of these have ultimately been successful. Our Rights explores: The Bill of Rights: Our first 10 amendments, known collectively as the Bill of Rights, secure the fundamental rights that Americans believe belong to all free people. They attempt to balance majority rule with minority rights. The Vote: Five ratified amendments granting suffrage -- the ability to vote -- have brought new voters into our constitutional foundation of "We the People," but the right to vote still isn't guaranteed to all Americans. Equality: The Declaration of Independence stated that "all men are created equal." Those words inspired several proposed amendments dedicated to renewing our nation's commitment to this principle. By the Numbers: * 12 amendments sent by the First Congress to states for ratification * 10 Number of those amendments that were ratified, and became known as the Bill of Rights * 6340 Number of members of the House of Representatives if the first amendment proposed by the First Congress had passed (today we have 435) * 17 ratified amendments that are related to right * 28 number of rights listed within the Bill of Rights amendments
17. AMEND1_160308_147.JPG: Almost Fatal Mistake The omission of a bill of rights proved to be a mistake almost fatal to the Constitution. New York and several other states agreed to ratify with the promise that the First Congress would add rights to the Constitution through the amendment process. These states might have rejected the Constitution without the promise of a future bill of rights. Ratification of the Constitution by New York, with proposed amendments, July 26, 1788, Records of the General Government
18. AMEND1_160308_155.JPG: No Need for Rights The omission of a bill of rights from the Constitution was deliberate, not an oversight. George Mason proposed adding a bill of rights just five days before the Constitutional Convention ended. But after a short debate, the state delegations voted down the motion, 0–10. That became a problem during the ratification process when several states insisted on protection of rights. Voting Record of the Constitutional Convention, showing the vote on the motion to appoint a committee to prepare a bill of rights, 1787, Records of the Continental and Confederation Congresses and the Constitutional Convention "A bill of rights is what the people are entitled to against any government on earth, general or particular, and what no government should refuse, or rest on inference." -- Thomas Jefferson to James Madison, December 20, 1787
19. AMEND1_160308_166.JPG: Dangerous and Unnecessary Supporters of the Constitution, the Federalists, thought a bill of rights was unnecessary and even dangerous. The authors of The Federalist Papers, including James Madison, argued for ratification of the Constitution without a bill of rights. They thought no list of rights could be complete, therefore it was best to make no list at all. The Federalist: A Collection of Essays, Written in Favour of the New Constitution, #1, 1787, Library of Congress
20. AMEND1_160308_175.JPG: Why a Bill of Rights? The First Congress included a preamble to the Bill of Rights to explain why the amendments were needed. Declaring that they were a response to the demand for amendments from the state ratifying conventions, the preamble states that Congress proposed them "to prevent misconstruction or abuse of its powers" and to extend "the ground of public confidence in the government." Change to the preamble to the Bill of Rights, August 25, 1789, Records of the U.S. Senate
21. AMEND1_160308_185.JPG: The Ones that Failed These motions suggested additional amendments during debate in the Senate. They came from state ratifying conventions, as did most of the amendments proposed by James Madison in the House of Representatives. Motion C was proposed again by Congress in 1810, but wasn't ratified. It would have denied public office to anyone who accepted a "title of nobility" from a king. Motion A proposing amendments that failed in the Senate, September 7, 1789, Records of the U.S. Senate
22. AMEND1_160308_194.JPG: Editing the Bill of Rights The Senate reworked the amendment language passed by the House of Representatives. Their marked-up draft spilled the most ink on the Third and Fourth Articles, which were combined to form the First Amendment. It protects freedom of religion, speech, and press, and the right to assemble and petition. Senate Revisions to House Proposed Amendments to the U.S. Constitution [Senate Mark Up of the Bill of Rights], September 9, 1789, Records of the U.S. Senate
23. AMEND1_160308_205.JPG: 225 Years Old The Bill of Rights became the first 10 amendments to the Constitution when Virginia ratified them on December 15, 1791. Of the 14 states in the Union, Virginia was the 11th to ratify, thus providing the constitutionally required bar of three-quarters of the states needed for ratification. Since 1941, December 15 has been celebrated as Bill of Rights Day. Virginia's ratification of the Bill of Rights, December 15, 1791, General Records of the U.S. Government
24. AMEND1_160308_215.JPG: Jury of One's Peers The right to trial by jury, guaranteed by the Sixth Amendment, is so fundamental that it dates to Magna Carta of 1215. A jury of one's peers stands between the accused and the government, preventing abuse of power. The Seventh Amendment protects the same right in civil trials. Here, the jury signed the verdict in gangster Al Capone's tax evasion trial. Jury's guilty verdict for Al Capone on the charge of tax evasion, October 17, 1931, Records of District Courts of the United States
25. AMEND1_160308_218.JPG: Al Capone's mug shot, circa 1931, Records of the United States Information Agency
26. AMEND1_160308_223.JPG: 26 Amendments + One More This poster was created by the Bicentennial Commission to help Americans understand how the Constitution had changed through amendments since it was written in 1787. Today the Bill of Rights is 225 years old. One more amendment was added to the Constitution in 1992, bringing the total to 27. "The Bill of Rights and Beyond" poster, printed for the 200th anniversary of the Constitution by the Bicentennial Commission, circa 1991, Records of Temporary Committees, Commissions, and Boards
27. AMEND1_160308_229.JPG: Cruel and Unusual Punishment In the Progressive Era of the early 1900s, reformers believed that capital punishment was "cruel and unusual punishment" and therefore banned by the Eighth Amendment. These petitioners advocated for life imprisonment rather than the death penalty. They argued that criminals could be taught morals and ethics while in prison and be reformed into decent citizens. Petition to abolish the death penalty, 1900, Records of the U.S. House of Representatives
28. AMEND1_160308_236.JPG: A Reminder of Why We Fight In 1941, America plunged into World War II when Japan attacked Pearl Harbor. Just a week later on the 150th anniversary of the Bill of Rights, President Franklin Roosevelt described the war as a fight for the rights and freedoms guaranteed to Americans by the Bill of Rights. "What we face is nothing more nor less than an attempt to overthrow and to cancel out the great upsurge of human liberty of which the American Bill of Rights is the fundamental document." -- President Franklin Delano Roosevelt, radio address on the 150th anniversary
29. AMEND1_160308_254.JPG: 21st Century Petitioning Like so many other aspects of 21st-century life, petitioning has gone digital. The Obama administration created the We The People petition website to allow direct petitioning of the President through Whitehouse.gov. Anyone can create a petition. If a petition gets 100,000 signatures within 30 days, the administration will respond. We the People White House Petition Website, August 4, 2016, https://petitions.whitehouse.gov
30. AMEND1_160308_258.JPG: The Gag Rule on Petitions Slavery was such a contentious issue in the 1830s that Congress simply didn't talk about it. The "gag rule" passed in the House of Representatives in 1836 automatically tabled (dismissed) all petitions regarding slavery. The House rescinded it in 1844 when Representative John Quincy Adams successfully argued that -- whatever one's view on slavery -- stifling the First Amendment right to petition was unconstitutional. Resolution That All Petitions, Memorials, and Papers Relating to Slavery Be Laid Upon the Table without Being Debated, Printed, Read or Referred [Gag Rule], December 21, 1837, Records of the U.S. House of Representatives
31. AMEND1_160308_264.JPG: 19th Century Petitioning Petition drive organizers in the 1800s and 1900s vigorously exercised their First Amendment right to petition the government. Organizers printed the text of a petition on the top of a page, and then left the bottom blank for signatures. With signatures gathered, the pages were often glued end to end to form one giant document and then sent to Congress. Rolled petition of residents of the District of Columbia against the enactment of a District Prohibition bill, circa 1939, Records of the U.S. Senate
32. AMEND1_160308_269.JPG: President Harry S Truman sighting a shotgun at Sun Valley, Idaho, June 1948, Harry S. Truman Presidential Library
33. AMEND1_160308_279.JPG: The Right to Bear Arms? Can anyone own a gun? The phrasing of the Second Amendment has led to different interpretations. A long-standing argument is that the "right to bear arms" is a collective right that prohibits the Federal Government from disarming state militia. The predominant argument says it is an individual right guaranteed to every citizen. This petitioner opposed all laws limiting individual gun ownership. Letter to Congress opposed to gun control laws, December 3, 1975, Records of the U.S. House of Representatives "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." -- Second Amendment, U.S. Constitution, 1791
34. AMEND1_160308_282.JPG: "Saturday Night Specials" In 1975, President Gerald Ford escaped two assassination attempts, both made with "Saturday Night Specials." Many citizens blamed these small, easy-to-conceal handguns for rising crime rates. The D.C. Firearms Control Regulations Act passed, soon after. The Supreme Court invalidated, the act in District of Columbia v. Heller (2008), ruling that gun ownership is an individual right. "The Saturday Night Special: A major cause of heartburn," circa 1975, Records of the U.S. House of Representatives
35. AMEND1_160308_289.JPG: Quartering in Private Homes The British Army's quartering, or lodging, of troops in private homes was one reason Americans sought independence from Great Britain. During the Revolutionary War, American troops were also quartered in private homes because they had no barracks. Weary Rhode Islanders wrote this resolution to Congress demanding that barracks be built. In 1791, the Third Amendment placed restrictions on quartering. True copy of a Resolution from Freemen of Providence, Rhode Island, to draft a letter to Congress to represent the situation of quartering in Providence, July 3, 1779, Records of the Continental and Confederation Congresses and the Constitutional Convention
36. AMEND1_160308_296.JPG: Search and Seizure The FBI obtained this search warrant for Charles Katz's apartment after it wiretapped -- without a warrant -- - a public phone booth he used to place illegal bets. In 1967, the Supreme Court overturned Katz's conviction. It ruled that any conversation is protected from "unreasonable search and seizure" by the Fourth Amendment when conducted with a "reasonable expectation of privacy," regardless of the location. Search warrant from [Katz v. United States], February 25, 1965, Records of the Supreme Court of the United States
37. AMEND1_160308_304.JPG: The Miranda Warning "You have the right to remain silent..." became a standard line in TV cop shows in the 1960s and 1970s. The Supreme Court decision Miranda v. Arizona (1966) affirmed that persons under arrest must be told that they have a Fifth Amendment right to have a lawyer present when talking to police. These words became known as the Miranda Warning.
38. AMEND1_160308_310.JPG: Pleading the Fifth The Fifth Amendment provides protections to accused criminals, including the right against self-incrimination. During the "red scare" of the 1950s, the House UnAmerican Activities Committee subpoenaed film industry members and required that they answer questions about themselves and others who may have been communists. Although she was a playwright, not a criminal, Lillian Hellman "pled the Fifth," refusing to testify. Letter to the House UnAmerican Activities Committee (HUAC) from Lillian Hellman regarding her subpoena, May 19, 1952, Records of the U.S. House of Representatives
39. AMEND1_160308_314.JPG: The Right to Privacy "The Framers of the Constitution believed that there are additional fundamental rights, protected from government infringement" by the Ninth Amendment. This quote, from Justice Arthur Goldberg's concurrence in Griswold v. Connecticut, affirms that privacy is a protected right, although that word does not appear in the Constitution. Griswold invalidated a Connecticut law that forbade the use or encouragement of contraceptives. Griswold v. Connecticut, concurring opinion of Justice Goldberg and Chief Justice Brennan, June 1, 1965, Records of the Supreme Court of the United States
40. AMEND1_160308_329.JPG: Powers Reserved to States Which powers belong to the Federal Government? To the states? Federalism -- the division of powers between Federal and state governments -- is the heart of the 10th Amendment. It says powers not given to the Federal Government belong to the states or the people. Missouri rejected the Child Labor Amendment, refusing to yield state power to regulate child labor. The amendment failed. Rejection of the proposed Child Labor constitutional amendment by the state legislature of Missouri, January 13, 1925, Records of the U.S. Senate
41. AMEND1_160308_344.JPG: Who Pays Less Tax than DC? Although the District of Columbia is not a state -- it's administered by the Federal Government -- residents pay Federal taxes and serve in the military, but they cannot vote for congressional representatives. Use this map to discover the states that pay fewer taxes than the District, but still have the right to vote even though the District still does not. * 1977 data is from the Washington Board of Trade. 2014 data is from the Internal Revenue Service.
42. AMEND1_160308_348.JPG: Taxes Without Votes Residents of the District of Columbia -- the capital of the United States -- cannot vote for Congress, although in 1961 the 23rd Amendment gave the District three electoral college votes for President. Like the Revolutionaries in 1776, District residents pay taxes but cannot vote. No Taxation Without Representation, cartoon by Clifford Berryman, November 20, 1920, Records of the U.S. Senate Collection
43. AMEND1_160308_354.JPG: Am I not a citizen? Some suffragists, like Victoria Woodhull and Susan B. Anthony, argued that the 14th Amendment gave women the right to vote. The amendment defined a citizen as anyone born in the United States, and Woodhull argued before the House Judiciary Committee in 1871 that voting was the right of all citizens, including women. The committee dismissed her petition. "When we shall have our amendment [for woman suffrage] . . . everybody will think it was always so . . . They have no idea of how every single inch of ground that she stands upon today has been gained by the hard work of some little handful of women of the past." -- Woman suffragist Susan B. Anthony, speech at the National-American Convention, 1894
44. AMEND1_160308_364.JPG: Pay to Vote? Augustus Johnson argued in his telegram to Congress that the poll tax -- a fee required to vote -- was intended to prevent African Americans from voting rather than to collect revenue. The 24th Amendment prohibiting poll taxes for Federal elections was ratified in 1964. Two years later, the Supreme Court ruled that state poll taxes were also unconstitutional. Telegram from Augustus C. Johnson in favor of abolition of the poll tax, May 16, 1962, Records of the U.S. House of Representatives
45. AMEND1_160308_371.JPG: Old Enough to Fight and Die At the age of 18, young men had been considered mature enough to fight, but not to vote. The movement to lower the voting age from 21 began during World War II. When 18-year-olds were drafted to fight in Vietnam, the disparity became striking, and the voting age was changed. The 26th Amendment was ratified faster than any other amendment -- in only 100 days. "Hey! They're gonna treat me like a man!" political cartoon by Bruce Shanks, Buffalo Evening News, June 29, 1968, Lyndon B. Johnson Presidential Library
46. AMEND1_160308_379.JPG: Could You Vote in 1970? When the 26th Amendment was ratified in 1971, most barriers to voting had already been removed. But although 18-year-olds were considered adults, they could not vote. Would have been able to vote in 1970? The 26th Amendment is the most recent one to broaden voting rights. Five of the 27 ratified amendments expand the right to vote.
47. AMEND1_160308_385.JPG: Votes for 18-year-olds President Richard Nixon's signature was unnecessary to ratify the 26th Amendment because the Constitution does not give the President a role in passing amendments. But Nixon ceremoniously signed it anyway, and he invited three 18-year-olds to participate in the certification, too. This amendment lowered the voting age to 18. Certification of the ratification of the 26th Amendment, with the signatures of three 18-year-olds, July 5, 1971, Records of the General Government
48. AMEND1_160308_403.JPG: Would you have had the right to vote in 1869? [No, based on GENDER = FEMALE]
49. AMEND1_160308_407.JPG: Last Try to Save the Union As the issue of slavery tore the nation apart, and it tumbled toward civil war, this petition asked Congress to compromise to preserve the Union. The petitioning company of firemen noted, "where the fiercest flames threatened the greatest destruction, they never stopped to inquire the cause, but rushed to use their best efforts to subdue the devouring element." Petition from the Union Fire Company in Lancaster, Pennsylvania, in support of the Crittenden Compromise, February 6, 1861, Records of the U.S. Senate
50. AMEND1_160308_414.JPG: "Incorporating" Rights When the Bill of Rights was ratified in 1791, its protections of Americans' rights constrained only the Federal Government. State governments could still encroach on fundamental rights such as free speech or press. Ratified in 1868, the 14th Amendment changed this -- eventually. It was not until the 20th century that the Supreme Court began to interpret the Due Process Clause of the 14th Amendment to require that states also protect individual rights. Case by case over decades, the Supreme Court ruled that most of the Bill of Rights applied to the states -- a process referred to as "incorporation." 14th Amendment "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -- 14th Amendment, section 1, U.S. Constitution, 1868
51. AMEND1_160308_417.JPG: I certify that this resolution did originate in the Senate
52. AMEND1_160308_419.JPG: Equality Before the Law The 14th Amendment fundamentally altered the balance of power between the states and the Federal Government. Its drafters intended to protect the newly freed slaves' rights from former Confederate state governments. It failed in that regard, but in the 20th century, the 14th Amendment became the core instrument for challenging discriminatory state laws and expanding rights for all citizens. Joint Resolution Proposing the Fourteenth Amendment to the United States Constitution, proposed June 13, 1866, Records of the General Government
53. AMEND1_160308_421.JPG: "Incorporating" Rights When the Bill of Rights was ratified in 1791, its protections of Americans' rights constrained only the Federal Government. State governments could still encroach on fundamental rights such as free speech or press. Ratified in 1868, the 14th Amendment changed this -- eventually. It was not until the 20th century that the Supreme Court began to interpret the Due Process Clause of the 14th Amendment to require that states also protect individual rights. Case by case over decades, the Supreme Court ruled that most of the Bill of Rights applied to the states -- a process referred to as "incorporation."
54. AMEND1_160308_423.JPG: Citizenship and Due Process Section 1 of the 14th Amendment is a constitutional powerhouse. Passed in the aftermath of the Civil War, it was written with the newly freed slaves in mind. But its words have been remarkably consequential for all Americans. The Due Process Clause ensures fair treatment in the legal system. The Citizenship Clause defines a citizen as anyone born in the United States. The Equal Protection Clause requires governments to treat all citizens equally under the law. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -- 14th Amendment, section 1, U.S. Constitution, 1868
55. AMEND1_160308_428.JPG: Separate and Not Equal Relying on the Equal Protection Clause of the 14th Amendment, the complainants in Brown v. Board of Education argued that segregated schools were unconstitutional. The landmark 1954 Supreme Court decision ended school segregation, stating, "We conclude that, in the field of public education, the doctrine of ‘separate but equal' has no place. Separate educational facilities are inherently unequal." Complaint, Brown v. Board of Education of Topeka, June 19, 1951, Records of District Courts of the United States
56. AMEND1_160308_437.JPG: Photograph of Marine landing at Danang, August 3, 1965 Records of the U.S. Marine Corps
57. AMEND1_160308_456.JPG: "A big step down for women" The Equal Rights Amendment sparked a nationwide debate in the 1960s and 1970s over changing views of the social roles of women. In this letter to her congressman, Mrs. Thomas Zeko expressed her opposition to the ERA. She said, "that a woman will find her fulfillment in competing for some traditionally male position just isn't so." Letter from Mrs. Thomas Zeko opposed to the Equal Rights Amendment, September 9, 1971, Records of the U.S. House of Representatives
58. AMEND1_160308_460.JPG: Strong Coalition Against ERA It took 49 years for Congress to pass the ERA after it was first introduced in 1923. But getting through Congress was only half the battle. Led by Phyllis Schlafly, STOP ERA organized quickly, arguing that the ERA would hurt women and families. With a coalition of traditional family and "protectionist" supporters, STOP ERA worked to prevent ratification by the states. Photograph of a woman at the STOP ERA booth at the National Women's Conference in Houston, Texas, 1977, Records of Temporary Committees, Commissions, and Boards
59. AMEND1_160308_466.JPG: ERA for Gender Equality Introduced in Congress more times than any other proposed amendment, the Equal Rights Amendment (ERA) would have provided for legal gender equality if it had been ratified by the states. Opponents of the ERA argued that it would nullify laws that "protected" women from working long hours or physically challenging jobs. But supporters wanted equal treatment and equal pay regardless. Letter from Liz Carpenter in support of the Equal Rights Amendment, September 23, 1971, Records of the U.S. House of Representatives
60. AMEND1_160308_472.JPG: A Contentious Extension The ERA passed Congress in 1972 by the required two-thirds vote. But amendments must also be ratified by three-quarters of the states. The ERA was quickly ratified by 35 of the 38 states needed. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. However, no additional states ratified. Photograph of President Jimmy Carter signing the resolution for extension of the ratification deadline for the Equal Rights Amendment, October 20, 1978, Jimmy Carter Presidential Library
61. AMEND1_160308_481.JPG: 26 Amendments + One More This poster was created by the Bicentennial Commission to help Americans understand how the Constitution had changed through amendments since it was written in 1787. Today the Bill of Rights is 225 years old. One more amendment was added to the Constitution in 1992, bringing the total to 27. "The Bill of Rights and Beyond" poster, printed for the 200th anniversary of the Constitution by the Bicentennial Commission, circa 1991 Records of Temporary Committees, Commissions, and Boards
62. AMEND1_160308_513.JPG: Would you have had the right to vote in 1869? To be YES: Gender: MALE Race: (any) Age: 21 OR MORE Poll Tax: ABLE TO PAY Location of Residence: ANY STATE
63. AMEND1_160308_521.JPG: "The fire department never came" Violence still prevented many African Americans from voting 95 years after the 15th Amendment was ratified in 1870. The Congress of Racial Equality (CORE) submitted this photo to Congress during consideration of the Voting Rights Act of 1965. CORE noted that this voting education site burned to the ground because "the fire department never came." The Act vastly increased the number of minority voters. Photograph of the ruins of the Mt. Pleasant Society Hall in Gluckstadt, Mississippi, destroyed by fire on August 11, 1964, Records of the U.S. House of Representatives
64. AMEND1_160308_530.JPG: Bloody Sunday in Selma, AL Mrs. E. Jackson wrote this letter to Congress the day after TV news broadcast graphic footage of "Bloody Sunday," when peaceful voting rights marchers in Selma, Alabama were violently suppressed by state troopers. This horrific event provoked public support for voting rights legislation to enforce the 15th Amendment's guarantee of the right to vote regardless of race. "The most basic right of all was the right to choose your own leaders. The history of this country, in large measure, is the history of the expansion of that right to all of our people." -- President Lyndon Johnson, speech to Congress on Voting Rights, March 15, 1965
65. AMEND1_160308_539.JPG: Widows and Spinsters Only Before the 19th Amendment granted women voting rights in 1920, this 1888 resolution proposed voting rights for widows and spinsters only, suggesting that married women were "represented" by their husbands. Part serious and part mocking, suffragist Elizabeth Cady Stanton testified to Congress, stating, "they are industrious, common-sense women . . . who love their country (having no husbands to love) better than themselves." H.J. Res. 159 proposing an amendment to the Constitution to extend the right to vote to widows and spinsters who are property holders, endorsed April 30, 1888, Records of the U.S. House of Representatives
66. AMEND1_160308_565.JPG: Would you have had the right to vote in 1970? Gender: ANY Race: ANY Age: 21 and over Poll Tax: ANY State: Washington DC or territory
67. AMEND1_160308_571.JPG: Slavery -- Save or Destroy? Weeks before the Civil War started, there was still hope of preserving peace and saving the Union. Representative Thomas Corwin (ROH) introduced an amendment to sustain slavery and make the amendment itself unamendable. Congress approved it, but the Civil War started before the states could consider ratification. Four years later, the states ratified the 13th Amendment abolishing slavery -- the opposite of Corwin's proposal. House Joint Resolution 80 proposing a constitutional amendment to prohibit Congress from abolishing slavery (Corwin Amendment), March 2, 1861, Records of the U.S. Senate
68. AMEND1_160308_576.JPG: Freedom for Cash Before the 13th Amendment abolished slavery in 1865, many other approaches to emancipation were proposed in Congress. One method -- paying slave owners for enslaved persons in exchange for freeing them -- passed for the District of Columbia in 1862. Slave owner Margaret Barber received $9,351.30 in compensation for freeing her slaves. Manumission papers filed by slave owner Margaret Barber, May 18, 1862, Records of District Courts of the United States
69. AMEND2_160308_003.JPG: Refining Powers What do we want our government to do for us? The Constitution authorizes many powers for the Federal Government, but Americans have continued to try to add to or subtract from that list. Frequently, the powers in proposed amendments to the Constitution are responses to specific events at certain points in time. They fail because they don't achieve a sustained consensus over time. Refining Powers explores: Business of Government: How the government works has been a popular subject of many amendments. Identity: In a diverse nation, some amendments to our founding charter have aimed to define what it means to be American. Morality: Codifying "proper" behavior through amendments has been unsuccessful, but it hasn't stopped every generation from trying. By the Numbers: 13 years that Prohibition was in effect 106 Number of fewer days it took to repeal Prohibition than to ratify it 14 Years before the proposed Child Labor amendment became moot because of legislation passed to protect children 1914 Year that income tax was first required
70. AMEND2_160308_010.JPG: Power to Add New Citizens? Did the Constitution give the Federal Government the power to add new lands and people to the Union? Many thought the answer was "no" -- until France offered to sell the Louisiana Territory. Senator John Quincy Adams thought an amendment was required to admit the residents of Louisiana to the Union. His motion for an amendment failed. Motion of Senator John Quincy Adams to appoint a committee to Inquire into the need for further measures to carry into effect the Louisiana Purchase Treaty, November 25, 1803, Records of the U.S. Senate
71. AMEND2_160308_015.JPG: Map of the Territory of Louisiana, 1803-1819, 1903 Records of the Bureau of Land Management
72. AMEND2_160308_019.JPG: To be Plunged into War The decision to declare war is a critical power given to Congress. But after World War I and during the Great Depression, these war-weary petitioners sought an amendment that would "give the people the opportunity to vote on whether or not we are to be plunged into another foreign war." Petition for a constitutional amendment to hold national referendums on declarations of war, circa 1938, Records of the U.S. House of Representatives
73. AMEND2_160308_027.JPG: Income Tax Day The Civil War prompted the first national income tax in the United States, which ended in 1872. Prior to the ratification of the 16th Amendment in 1913, which permanently established the income tax, most revenue had come from tariffs (import taxes). In 1955, tax day was changed to April 15 to provide more time to file. Poster encouraging early filing of income taxes, circa 1945, Records of the Office of Government Reports
74. AMEND2_160308_033.JPG: Courage to Amend Failure of willpower is an unusual rationale for a constitutional amendment. Yet President Ronald Reagan stated that Congress's lack of willpower or courage to be fiscally responsible exposed a need for a Balanced Budget Amendment. In this speech, Reagan showcased several budget documents, using their unwieldy size to visually demonstrate how unreasonable the budget process had become. "What we really need is a constitutional amendment that says, ‘There shall be some spine in our national leaders.'" -- Senator Robert C. Byrd on the Balanced Budget Amendment, 1992
75. AMEND2_160308_036.JPG: Many Languages, or One? Many consider America's identity to be based on shared political ideals rather than on shared culture or language. For some, an English Language Only amendment would divide Americans, increase tension between communities, and invite discrimination. But for others, English is central to national unity. Several attempts to establish English as the official or only language of America failed in Congress. Letter from the Polish American Congress in support of a constitutional amendment to make English the official language of the United States, February 6, 1984, Records of the U.S. Senate
76. AMEND2_160308_042.JPG: President Ronald Reagan's State of the Union Address, on the Balanced Budget Amendment, January 25, 1988, Ronald Reagan Presidential Library
77. AMEND2_160308_055.JPG: Communicate in Any Language English has long been the main language of American government, but it was never the only one. The Continental Congress printed publications in various languages to disseminate vital information about the government and its operations. Certain messages, like this fire safety public service announcement, demonstrate the continued need for government communications in a variety of languages. "Seguridad Contra Fuegos" FEMA Fire Safety poster in Spanish, 1997, Records of the Federal Emergency Management Agency
78. AMEND2_160308_057.JPG: Are We a Christian Nation? God is not directly cited in the Constitution. Since the 1840s, some religious groups have tried to change that. The "Christian Amendment" would have altered the Preamble of the Constitution to cite "Almighty God" (or other variations) rather than "We the People" as the document's primary source of authority. Opponents believed it threatened religious liberty, and the movement faded. Petition to amend the preamble of the Constitution to recognize the authority and law of Jesus Christ, the Saviour and King of Nations, February 15, 1923, Records of the U.S. House of Representatives
79. AMEND2_160308_064.JPG: No Saloons = Moral Nation Abolishing the saloon appeared to be a catch-all solution to the troubles of the early 1910s -- immorality, crime, and impending war. These printers called for conservation of resources -- like grain -- for war, thus pitting alcohol against patriotic commitment to America's victory in World War I. In 1919, the 18th Amendment established Prohibition, which banned the sale or manufacture of alcohol. Letter from the Old-Time Printers' Association in favor of Prohibition, November 27, 1917, Records of the U.S. House of Representatives
80. AMEND2_160308_067.JPG: A Nation of Lawbreakers Always controversial, the societal consensus regarding Prohibition crumbled. Like many others, these petitioners concluded that the attempt to enforce "moral" behavior had backfired. Prohibition had instead handed a booming business to gangsters, and legalizing alcohol again would lower crime and provide tax revenue. In 1933, the 21st Amendment repealed the 18th Amendment -- the only time one amendment has negated another. Letter from Pitze's Beauty Parlor Supply in favor of repeal of Prohibition, December 8, 1932, Records of the U.S. House of Representatives "Why don't they pass a Constitutional Amendment prohibiting anybody from learning anything? If it works as good as Prohibition did, in five years we will have the smartest people on earth." -- Will Rogers
81. AMEND2_160308_079.JPG: Abolish Saturday Nights, Too Some people couldn't let it go, even five years after the 21st Amendment repealed Prohibition. But instead of prohibiting alcohol sales, this amendment proposed to regulate personal behavior by prohibiting drunkenness. The absurdity of this was cheekily pointed out in the handwritten note at the bottom, which proposed adding an equally far-fetched effort to abolish Saturday nights. Transcription of handwritten note: Why not add: Section 3. That period of time, commonly known as Saturday night, is hereby stricken from the calendar of the United States, and abolished. Section 4. Congress and the several States shall have concurrent power to change human nature from time to time in its or their discretion. H.J. Res 661 to propose a constitutional amendment to prohibit drunkenness, with handwritten note, April 21, 1938, Records of the U.S. House of Representatives
82. AMEND2_160308_088.JPG: Booze=Crime, or Crime=Booze The argument that alcohol causes crime was turned on its head during Prohibition. Gangsters supplied speakeasies with smuggled booze, and violence escalated. Illegal bootlegging of liquor became commonplace, and without governmental oversight, the safety of bootlegged whiskey was questionable. Manslaughter?, political cartoon by Clifford Berryman, March 8, 1922, Records of the U.S. Senate
83. AMEND2_160308_099.JPG: "Young pickers on Swift's Bog. All working. Falmouth, MA" ("Children at Work"), September 20, 1911 Records of the Children's Bureau
84. AMEND2_160308_103.JPG: "Little Lottie, a regular oyster shucker in Alabama Canning Co. She speaks no English. Note the condition of her shoes caused by standing on the rough shells so much. A common sight. Bayou La Batre, Ala." February 22, 1911 Records of the Children's Bureau
85. AMEND2_160308_106.JPG: "A little spinner in a Georgia Cotton Mill." January 1909 Records of the Children's Bureau
86. AMEND2_160308_111.JPG: Work instead of School Newsboys selling newspapers often ditched school and frequently worked late hours selling "extras." Lewis Hine, hired by the National Child Labor Committee, produced photographs of children's labor conditions in mines, factories, farm fields, and streets that heavily influenced public opinion for an amendment to regulate child labor. Photograph of newsboys selling near the Capitol building, by Lewis Hine, April 10, 1912 Records of the U.S. House of Representatives
87. AMEND2_160308_113.JPG: All Work and No Play Suzanne Heber's horror at seeing "the lives ground out of mere babies by hard labor" spurred her to support child labor regulation. But the Supreme Court invalidated several child labor laws, including Keating-Owen. In 1924, Congress proposed the Child Labor Amendment, but it wasn't ratified by three-fourths of the states. Subsequent legislation was upheld, and the proposed amendment became moot. Letter from Suzanne Heber Supporting Keating-Owen Child Labor Bill, February 25, 1916, Records of the U.S. Senate
88. AMEND2_160308_121.JPG: Medicine, Law, and Ethics Roe v. Wade, was a 1973 Supreme Court decision that affirmed abortion as a privacy right protected by the Constitution. It spurred the introduction of hundreds of amendments in Congress -- both to ban and protect abortions. As the Senate planned hearings, this letter suggested that legislators "receive the evidence offered by professionals trained in the fields of medicine, law, and social and biological ethics." Letter to Senator Birch Bayh regarding congressional hearings on constitutional amendments on abortion, January 29, 1974 Records of the U.S. Senate
89. AMEND2_160308_134.JPG: Protection of Belief The "true women of Utah" were Mormons who believed that polygamy was a divine rule. They wrote this petition to protest laws and proposed amendments that banned marriage to more than one person at a time. The effort failed when the Supreme Court ruled that belief in polygamy is constitutionally protected, but the ability to act on it is not. "Defense of Plural Marriage by the Women of Utah County," circa 1878, Records of the Office of the Secretary of the Interior
90. AMEND2_160308_142.JPG: Dueling Congressmen In 1838, Representative William Graves of Kentucky shot and killed Representative Jonathan Cilley of Maine in a duel at the Bladensburg dueling grounds in Maryland. Although duels had been seen as demonstrations of bravery and honor, they became an unacceptable way to resolve disputes. Members of Congress introduced two amendments to forbid duelists from holding public office. Neither succeeded. H.R. 8 proposing an amendment to the Constitution to prohibit any person involved in a duel from holding federal office, March 5, 1838, Records of the U.S. House of Representatives
91. AMEND2_160308_171.JPG: The Shape of Our Government How the government is structured affects how it works The Founders who wrote the Constitution were uncertain it would work. They were constructing new ways to run a government that had never been tried before. It's not surprising, then, that time would reveal some flaws or inefficiencies. Many proposed amendments would alter how the Federal Government is structured, who participates in government, and how candidates are elected. The Shape of Our Government explores: * The Presidency: From the length of the term to what happens when a President dies in office, the Presidency has been a hot topic for revision. * Congress: The "People's Branch" of government is closest to the citizens, who have had some suggestions for modifying it. * Elections: Is there a better way to choose candidates for office? Americans have offered many interesting options. The Shape of Our Government: By the Numbers 61.5 Years, longest amount of time between amendments (12th and 13th) 38 Years, added together, that the United States had no Vice President, before the ratification of the 25th amendment 1 Number of Presidents who have served more than two terms (FDR) 538 Number of electors in the electoral college
92. AMEND2_160308_174.JPG: Only Two Terms for President Theodore Roosevelt was the first President to seriously challenge the two-term limit precedent set by George Washington. When he was criticized for running a third time in 1912, he asserted that technically the 1904 campaign was his first true run for the Presidency. He originally took office in 1901 after President William McKinley was assassinated. Roosevelt lost the election. Untitled. [Anti-Third Term Principle], cartoon by Clifford Berryman, October 1, 1912, Records of the U.S. Senate Collection
93. AMEND2_160308_182.JPG: A Third Term During War? When Franklin Roosevelt ran for an unprecedented third Presidential term in 1940, Europe was engulfed in the flames of World War II, and America would soon join. Less troubled with breaking George Washington's precedent, many Americans wanted the most qualified person to lead the nation during war. After Roosevelt won a fourth term, the 22nd Amendment limited future Presidents to two. Letter to President Franklin D. Roosevelt from Peter Warwick, Jr., in support of a third Presidential term, June 8, 1940, Franklin Delano Roosevelt Presidential Library
94. AMEND2_160308_202.JPG: Vice President Moves Up Who's next in line when the President and Vice President die or resign? For a total of 38 years, the Vice Presidency has been vacant when the VP died or became President. When Lyndon Johnson became President after John Kennedy's assassination in 1963, the tragedy galvanized support for the 25th Amendment, which provided for the appointment of a Vice President. Lyndon Baines Johnson taking the Presidential Oath of Office Aboard Air Force One, November 22, 1963, John F. Kennedy Presidential Library
95. AMEND2_160308_206.JPG: Political Crisis Averted Without the 25th Amendment, the nation may have faced a political crisis in 1974. Accused of tax evasion, Vice President Spiro Agnew resigned in 1973, then President Richard Nixon resigned during the Watergate investigation in 1974. Both offices would have been vacant, but under the 25th Amendment, the President could nominate a replacement. Nixon asked Congressman Gerald Ford for recommendations, but ultimately chose Ford himself. Letter from House Minority Leader Gerald R. Ford to President Nixon with recommendations for nomination to the Vice Presidency, October 11, 1973, Richard M. Nixon Presidential Library
96. AMEND2_160308_210.JPG: Acting President? William Harrison was the first President to die in office, in 1841. Vice President John Tyler was sworn in, but Congress couldn't agree on whether he was President or Acting President. This resolution failed, and Tyler assumed the full duties of President. However, many questions about Presidential succession remained unaddressed until the 25th Amendment was ratified in 1967. Motion to amend the resolution to strike out "President" and insert "Vice President now exercising the office of President," May 31, 1841, Records of the U.S. House of Representatives
97. AMEND2_160308_215.JPG: No President Needed "Had they then been blessed with an Andrew Johnson, [the Founders] would probably have bethought themselves of another disposition of the executive power," said these petitioners. President Andrew Johnson's unpopular policies after the Civil War and disregard for Congress led some Americans to believe the Presidency had become too powerful. Their solution was to get rid of the Presidency altogether. Memorial regarding the abolition of the presidency, circa February 1868, Records of the U.S. Senate
98. AMEND2_160308_223.JPG: Animals Are People, Too? These petitioners ironically highlighted the hypocrisy behind Southern states' defense of the Three-Fifths Clause in the Constitution: they claimed that slaves are property, but also counted them as three-fifths of a person regarding representation in Congress. The petitioners argued that animals in free states be counted as persons with respect to congressional apportionment, just as slaves are in the South. Petition for a constitutional amendment that representation in Congress be apportioned by including the animal property of the free states as well as the slave property of the slave-holding states, circa 1844, Records of the U.S. House of Representatives
99. AMEND2_160308_227.JPG: Senator Margaret Chase Smith, 1949 Records of the U.S. Information Agency
100. AMEND2_160308_230.JPG: No Votes, No Job Citing "extensive ‘moonlighting,' junketing, and political campaigning," Senator Margaret Chase Smith proposed an amendment to punish absenteeism in Congress. It failed, partly because the language was so inflexible that it didn't exempt members for illness. Opposition also came from members who felt that voting was only one way that members served their constituents at home. Petition for a constitutional amendment to expel members of Congress who are absent for more than 40 percent of roll call votes, circa 1971, Records of the U.S. Senate
101. AMEND2_160308_239.JPG: Empty Seats The Founders intended for the Senate to represent the states, therefore the Constitution directed that state legislatures would elect Senators. But when both houses of a state legislature didn't agree on a candidate, the election deadlocked, and the Senate seat remained empty. This cartoon illustrated how common such deadlocks had become when Congress finally addressed this problem by proposing the 17th Amendment. Untitled, ["Just the usual crop of senatorial deadlocks"], cartoon by Clifford Berryman, February 4, 1911 Records of the U.S. Senate
102. AMEND2_160308_244.JPG: Corrupt Millionaires The Senate was alleged to be corrupt, unresponsive to citizens, and filled with millionaires who spent too much on campaigns, according to many Progressive Era critics like the State Grange of Illinois. In response, the 17th Amendment was ratified in 1913. It provided for direct election of senators by the people, in place of election by state legislatures. Petition of the State Grange of Illinois for the direct election of senators, January 1, 1898 Records of the U.S. Senate
103. AMEND2_160308_250.JPG: Tie Vote for President There was a 73–73 tie vote in the electoral college in the 1800 Presidential election. It was resolved only after Alexander Hamilton encouraged the House of Representatives to elect his adversary Thomas Jefferson over his future mortal enemy Aaron Burr. In 1804, the 12th Amendment modified the electoral college, ensuring that a tie vote would not occur again. Electoral College tally for the 1800 presidential election, February 11, 1801, Records of the U.S. Senate
104. AMEND2_160308_257.JPG: No More Electoral College? We don't actually vote for President. We vote for the electoral college, whose members then vote for the candidate of our choice. Although the first efforts to abolish the electoral college came right after the 1800 election debacle, this proposed amendment has not passed Congress. These resolutions state the most popular reasons for direct election of the President. Resolutions of the Commonwealth of Massachusetts to amend the Constitution to abolish the electoral college and establish direct popular election of the president, May 15, 1969 Records of the U.S. House of Representatives "I do think that [the creators of the electoral college would say it should be modified], for two reasons. First, the Framers were experimental politicians, and they were open to the evidence of how things were operating. Second, they really had no good idea how the system would work." -- Constitutional scholar Jack Rakove, 2012
105. AMEND2_160308_263.JPG: Electing a President by Lot We could choose our President by picking a ball from a bowl. This was one of many ideas suggested in Congress for replacing the Electoral College system devised by the Founders. The randomness of this method may have been an attempt to sidestep growing sectional rivalries before the Civil War. The resolution proposed that each state would vote for one of their own residents to be a candidate for President. Each state's name would be written on balls, and the number of balls would be equal to the number of members of Congress from that state (like the Electoral College). The balls would be placed in an urn, and the candidate from the state on the first ball drawn would be President. The name on the second ball drawn would be Vice President. H.J. Res. 8 proposing a constitutional amendment to elect the President by lot, January 13, 1846 Records of the U.S. House of Representatives
106. AMEND2_160308_271.JPG: Electing a President by Lot What if we chose our President by lot today? This resolution proposed that a ball would be picked from a bowl, and that a candidate from the state marked on the ball would become President. Who might be the next President of the United States? Turn the crank to find the most popular person form each state (according to a Google search).
107. AMEND2_160308_279.JPG: How We Amend An Idea Becomes an Amendment It is very easy to propose constitutional amendments. Members of Congress have done it over 11,000 times. But ratifying amendments is very hard -- so difficult that it has happened only 27 times. Article V of the Constitution sets a very high bar for amendments to change our foundational document. It requires a high degree of consensus to ensure that the ideas we adopt are universal and stand the test of time. How We Amend: By the Numbers 5 Article of the Constitution that describes the amendment process 100 Days, shortest amount of time from proposal to ratification of an amendment, for the 26th amendment which lowered the voting age to 18 7 Years, the time limit for ratification on most modern amendments 2 Parts of the Constitution that cannot be amended 74,003 Days, longest amount of time from proposal to ratification of an amendment, for the 27th Amendment on congressional salaries (~203 years)
108. AMEND2_160308_282.JPG: A Convention To Propose All of the 27 ratified amendments have been proposed by a two-thirds vote in Congress, but there is another way. Congress must call a convention for proposing amendments when two-thirds of the states submit applications to Congress. To avoid the convention called for in this Louisiana application, Congress proposed direct election of senators. It became the 17th Amendment in 1913. Joint resolution of the state legislature of Louisiana calling for a constitutional convention under Article V of the Constitution to propose an amendment for direct election of senators, November 25, 1907, Records of the U.S. Senate
109. AMEND2_160308_286.JPG: Ratification 150 Years Later In 1939, the nation prepared to celebrate the 150th anniversary of the Bill of Rights. By the 20th century, the Bill of Rights had become significantly more important in law and culture than the Founders could have anticipated. Connecticut symbolically ratified the Bill of Rights in 1939, as did Georgia and Massachusetts. These states had failed to ratify in 1791. Connecticut's ratification of the Bill of Rights, April 24, 1939, Records of the U.S. House of Representatives
110. AMEND2_160308_292.JPG: How We Amend There are two parts to the amending process: proposing and ratifying. An amendment is proposed when: (1) Two-thirds of both houses of Congress pass it. All 27 ratified amendments have been proposed this way. or (2) Two-thirds of state legislatures submit an application to Congress, and then Congress calls a convention where amendments can be proposed by the states. To date, this has never happened. An amendment is ratified when: (1) Three-fourths of state legislatures vote to ratify the amendment. or (2) Conventions vote to ratify the amendment in three-fourths of the states. After the required number of states ratify, the Archivist of the United States certifies the amendment as part of the Constitution. Amendments vs. Laws: Amendments change the fundamental structure, powers, or protected rights of the government or citizens. They change how the government itself works. To ensure that such fundamental changes are not made in haste, two-thirds of both houses of Congress and three-quarters of the states (or conventions) must pass an amendment. Laws are passed by Congress with a simple majority vote, then approved by the President. They can be changed by passing another law.
111. AMEND2_160308_298.JPG: Our First Constitution Failed: The Articles of Confederation, our first system of government, required unanimous consent to be amended. When representatives of 12 of the 13 states gathered in Philadelphia in 1787 to propose changes to the Articles of Confederation, they quickly realized that it would be impossible to get all states to agree on all of the changes. They decided to discard the Articles altogether and start anew. The result was the Constitution. A Balance of Flexibility and Stability: The Founders purposefully made it hard, but not impossible, to amend the Constitution. Article V of the Constitution was included to provide a way for amendments to be made in an orderly, reasonable way. Article V aimed for middle ground -- flexible, yet stable. Our Amending Power is an American Innovation: Rarely before did a people have the ability to peacefully adapt and adjust their government. Before Article V in our Constitution, governments generally changed through war or violence, not votes. The Founders believed that the people should have a voice in constitutional matters, not just regular legislation.
112. AMEND2_160308_304.JPG: Amend Everything? Is there any part of the Constitution that is off limits to amendments? Yes. Article V specifies two parts of the Constitution that cannot be changed by amendment: * Prohibition of the importation of slaves before 1808 * Equal representation of states in the Senate These two restrictions were included to protect two of the great compromises the Founders made while crafting the Constitution. The free and slave states had agreed to not legislate on the slave trade for 20 years, and the big and small states had agreed that the Senate would represent each state equally, regardless of population. The Convention Method: The convention method for proposing amendments has never been used. The Constitution is vague on how such a convention would work. Congress has received convention applications from the states on many topics, including direct election of Senators and balancing the budget. The convention method for ratifying amendments has been used one time -- to ratify the 21st Amendment that repealed Prohibition.
113. AMEND2_160308_310.JPG: How to Create a More Perfect Union Article V of the Constitution describes how amendments are made. "I do not conceive that we are more inspired -- have more wisdom -- or possess more virtue than those who will come after us. The power under the Constitution will always be with the people." -- - George Washington, 1787 Article V: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
114. AMEND2_160308_313.JPG: The Role of the Archivist The Archivist of the United States, head of the National Archives, is responsible for certifying that constitutional amendments have been properly ratified. The National Archives also holds other Federal records relating to the creation and application of the amendments. This certification of the 27th Amendment - -- the last one added -- - was signed by Archivist of the United States Don Wilson. "Happy for us that when we find our constitutions defective and insufficient to secure the happiness of our people, we can assemble with all the coolness of philosophers and set it to rights, while every other nation on earth must have recourse to arms to amend or to restore their constitutions." -- Thomas Jefferson, 1787 Certification of the ratification of the 27th Amendment to the Constitution by the Archivist of the United States, May 18, 1992, Records of the General Government
115. AMEND2_160308_317.JPG: Photograph of Archivist of the United States Don Wilson signing the certification of the ratification of the 27th Amendment to the Constitution, May 18, 1992, George H.W. Bush Presidential Library
116. AMEND2_160308_323.JPG: Proposed amendment texts by year
117. AMEND2_160308_328.JPG: Civil Rights Era: 1960s–1978 The social upheaval of the Civil Rights Movement led to repeated expansions of democracy by amendment (Amendments 23–26) Progressive Era: 1910–1933 The massive social, economic, and technological changes at the turn of the 20th century compelled Americans to update our fundamental Civil War Era: 1860–1870 The Civil War wrought huge changes in American society and government. After the War, three amendments were ratified in five years. (Amendments 13–15) Founder's Era: 1789–1810 The generation that wrote the Constitution considered it a work in progress, and changed it 12 times. (Amendments 1–12)
118. AMEND2_160308_333.JPG: Flip Through What Failed: More than 11,000 constitutional amendments have been introduced in Congress. Some of them were proposed to call attention to an issue, some as satire, some to allow a member of Congress to take a political stand, and some were very serious appeals to resolve pressing problems. What most of these proposed amendments have in common, though, is that they failed to be enacted. Only 27 of the more than 11,000 proposed amendments have been ratified to become part of the Constitution. Flip Through What Failed to see a sampling of some of the 11,000 unsuccessful amendments.
119. AMEND2_160308_335.JPG: Wealth and Property: Limiting fortunes, 1903 Providing for return by Federal Government to rightful owners of wealth dishonestly acquired by citizens or combinations of citizens, 1917 Prohibiting making or renewing of loans to any nation engaged in war unless the United States is an ally of such nation, 1931 Limiting the wealth of individual citizens, 1933 Confiscating private property by the Federal Government in time of war, 1939
120. AMEND2_160308_338.JPG: Education Regarding protection of civil rights, a system of common schools for all, 1865 Prohibiting appropriations to sectarian schools, 1870 Regarding state control over public schools, 1963 Providing for prayer in public schools and state power to legislate on questions of morality, 1963 Regarding the right to public support for parents whose children attend nonpublic schools, 1964 Respecting employment of subversives in the public schools, 1967 Prohibiting involuntary busing of students, 1970
121. AMEND2_160308_342.JPG: The Judiciary Providing that one-half of judges come from slave-holding states and one-half from non-slave holding states, 1860 Limiting Supreme Court justices to terms of 10 years, 1894 Directing that no court shall have the power to set aside as unconstitutional any law passed by Congress, 1936 Submitting certain judgments of the Supreme Court to the people, 1936 Establishing of a Court of the Union, 1963 Respecting the power of Congress to override decisions of the Supreme Court, 1967 Respecting popular approval of Federal judges, 1969 Requiring that Federal judges be reconfirmed by the Senate every 10 years, 1991
122. AMEND2_160308_345.JPG: Congress Limiting bills to one subject, 1879 Providing that acts of Congress held unconstitutional by the Supreme Court shall be valid if reenacted by Congress, 1937 Giving the power to ratify treaties to the House of Representatives, 1967 Requiring mandatory retirement at age 70 for Supreme Court justices and members of Congress, 1969 Requiring a two-thirds vote to increase taxes, 1981 Limiting the number of consecutive terms a person may serve as a Representative or Senator, 1992 Providing for the event that one-fourth of the members of either the House of Representatives or the Senate are killed or incapacitated, 2003
123. AMEND2_160308_348.JPG: The President Choosing the Executive by lot from the retiring Senators, 1808 Electing the Executive by direct vote, 1826 Establishing one six-year term of office for the Executive, 1829 Abolishing the Presidency and replacing it with an Executive Council, 1860 Establishing one six-year term of office for the Executive; thereafter the Executive serves as Senator for life, 1875 Creating the office of First, Second, and Third Vice-President, 1886 Providing that ex-Presidents of the United States shall become ex officio members of Senate, 1928 Permitting the President to either veto or reduce items in appropriation acts, 1939 Repealing the 22nd Amendment to the Constitution [limiting Presidency to two terms], 1963 Providing for a congressional vote of no confidence in the President, 1974
124. AMEND2_160308_350.JPG: Voting and Citizenship Disqualifying persons of the African race from holding office or voting, 1861 Excluding the descendants of Africans from citizenship, 1861 Prohibiting the vote to Chinese persons, 1869 Providing that the right to vote be based on citizenship, 1880 Cutting in half the representation of any state refusing women's right to vote, 1890 Repealing the 15th Amendment [the right of Black males to vote], 1900 Prohibiting dual citizenship, 1942 Permitting naturalized citizens to hold office of President and Vice President after 11 years of citizenship, 1989 Restricting the requirement of citizenship at birth by virtue of birth in the United States to persons with legal resident mothers, 1991
125. AMEND2_160308_354.JPG: Flip Through What Failed: More than 11,000 constitutional amendments have been introduced in Congress. Some of them were proposed to call attention to an issue, some as satire, some to allow a member of Congress to take a political stand, and some were very serious appeals to resolve pressing problems. What most of these proposed amendments have in common, though, is that they failed to be enacted. Only 27 of the more than 11,000 proposed amendments have been ratified to become part of the Constitution. Flip Through What Failed to see a sampling of some of the 11,000 unsuccessful amendments.
126. AMEND2_160308_356.JPG: Slavery Abolishing hereditary slavery after 1842, 1839 Preventing the abolition of slavery, 1850 Recognizing the right of property in slaves, 1858 Establishing that Congress has no jurisdiction over slavery, 1860 Respecting the duty of Congress to protect slavery in the territories, 1860 Regarding the right to travel with slaves, 1860 Providing for the colonization of free Negroes, 1860 Directing that the President be chosen alternately from free and slave states, 1864
127. AMEND2_160308_359.JPG: War Forbidding payment of war claims, 1876 Providing that the United States cannot be party to any aggressive war except upon declaration of war by Congress, and ratification by majority of votes in majority of congressional districts in the United States, 1915 Providing for the prohibition of war, 1927 Conscripting private property for public use in time of war with or without compensation, 1930 Providing that no money, property, or credit of the United States shall be donated, pledged, or loaned to any nation engaged in war, 1938 Providing for a referendum before conscription of men for military service outside the United States, 1939
128. AMEND2_160308_363.JPG: THE CONSTITUTION • Guaranteeing the permanence of the Union by establishing punishment for attempts to subvert or overthrow it, 1865 • Separating church and state, 1875 • Requiring submission of constitutional amendments to the direct vote of the people, 1931 • Authorizing Congress to legislate in regard to the general welfare of the United States, and to determine what that is, 1937 • Recognizing Jesus Christ in the Constitution, 1963 • Adding the principles of the Declaration of Independence to the Constitution, 1976 • Declaring that the Constitution does not protect flag desecration, nor expenditure of money for elections as free speech, 1989
129. AMEND2_160308_366.JPG: RELIGION & MARRIAGE • Providing that there be no state religion, that ministers be excluded from office, and prohibiting appropriations to religious sects, 1876 • Acknowledging God as the Supreme Authority in all affairs of men, 1894 • Regarding establishment of religion and free public schools, 1889 • Prohibiting intermarriage between Negroes and persons of Caucasian or other races, 1912 • Prohibiting absolute divorce with right to remarry, 1914 • Giving Congress power to regulate divorce and provide for custody of children, 1916 • Respecting uniform marriage and divorce laws and legitimation of children, 1941 • Respecting prayer in public schools, 1963 • Relying upon God in governmental matters, 1963
130. AMEND2_160308_370.JPG: LAND • Dividing the United States into "Presidential sections," 1822 • Respecting the distribution of public land, 1832 • Providing for the division of the country into • four sections, and for votes to be taken by sections on demand of one-third of Senators, and a majority from each section shall be necessary for the passage of a bill, 1861 • Consolidating certain states into three, for Federal purposes, 1864 • Requiring that states in rebellion be reduced to territories, 1866 • Providing that no noncontiguous territory be annexed to the United States, 1897 • Keeping land nearly equally divided among people, 1903 • Providing for representation in Congress, and appointment of electors of President and Vice President, for District of Columbia by considering the District as part of Maryland, 1965
131. AMEND2_160308_373.JPG: MISCELLANEOUS • Providing that the sale and manufacture of articles from products of the soil shall not be prohibited or abridged, 1884 • Changing the name of this republic from the United States of America to the United States of the World, 1893 • Providing penalty of death for any person attempting destruction of property of the United States, 1901 • Providing penalty of deportation or life imprisonment for all members of anarchical societies, 1901 • Authorizing Congress to insure lives of United States citizens, 1905 • Granting Congress the power to protect migratory birds, 1911 • Giving Congress the power to levy taxes for old age assistance, 1939 • Abolishing the death penalty, 1965 [Not shown: • Changing name of United States of America to America, 1866 • Establishing the inalienable right to a decent environment, 1970 • Regulating pornography, 1970 • Prohibiting denial of equal opportunity because of quotas or ratios based on race, color, national origin, religion, or sex, 1978 • Protecting cultural and linguistic rights, 1992 • Respecting the right to decent and affordable housing, 1993 • Giving citizens of the United States the right to recall elected officials, 1995 • Give states the right to repeal Federal laws and regulations when ratified by the legislatures of two-thirds of the several states, 2014]
132. AMEND2_160308_379.JPG: What do YOU think? Lots of questions remain about amendments. Share what you think by texting your answer. "Happy for us that when we find our constitutions defective and insufficient to secure the happiness of our people, we can assemble with all the coolness of philosophers and set it to rights, while every other nation on earth must have recourse to arms to amend or to restore their constitutions." -- Thomas Jefferson, 1787
133. AMEND2_160308_389.JPG: Some of the labeling glitches would be resolved shortly after the public opening
Multi Column: Number of columns of thumbnails to appear per page (normally defaults to 3): [1 col] [2] [3] [4] [5] [6] [7] [8] [9] [10]
Bigger photos? To save server space, the full-sized versions of these images have either not been loaded to the server or have been removed from the server. (Only some pages are loaded with full-sized images and those usually get removed after three months.) I still have them though. If you want me to email them to you, please send an email to guthrie.bruce@gmail.com and I can email them to you, or, depending on the number of images, just repost the page again will the full-sized images.
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2016 photos: Seven relatively short trips this year: two Civil War Trust conference (Gettysburg, PA and West Point, NY, with a side-trip to New York City), my 11th consecutive San Diego Comic-Con trip (including sites in Utah, Nevada, and California), a quick trip to Michigan for Uncle Wayne's funeral, two additional trips to New York City, and a Civil Rights site trip to Alabama during the November elections. Being in places where people died to preserve the rights of minority voters made the Trumputin election even more depressing. Equipment this year: I continued to use my Fuji XS-1 cameras but, depending on the event, I also used a Nikon D7000. Number of photos taken this year: just over 610,000.
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Photo Contact: [Email Bruce Guthrie].