Amendments

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10th Amendment

New York v. U.S. saw the first application of this in over 55 years to invalidate a legislative act. In Printz v. U.S., Scalia invalidated the Brady Handgun Violence Prevention Act using this as justification. A recent and notable application of this was in the Supreme Court case National Federation of Independent Business v. (*) Sebelius, in which the majority opinion used this to invalidate parts of the Affordable Care Act which supposedly coerced states into opting for Medicaid expansion. This constitutional amendment originally included the word "expressly," but it was later omitted by Roger Sherman at the objection of James Madison. For 10 points, name this Constitutional amendment which enshrines American federalism, the last in the Bill of Rights.

22nd Amendment

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Seventh Amendment

his amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. While the Seventh Amendment's provision for jury trials in civil cases has never been incorporated (applied to the states), almost every state voluntarily complies with it. The prohibition of overturning a jury's findings of fact applies to federal cases, state cases involving federal law, and to review of state cases by federal courts. United States v. Wonson (1812) established the historical test, which interpreted the amendment as relying on English common law to determine whether a jury trial was necessary in a civil suit. The amendment thus does not guarantee trial by jury in cases under maritime law, in lawsuits against the government itself, and for many parts of patent claims. In all other cases, the jury can be waived by consent of the parties.

First Amendment

A test used to interpret this amendment was described by Antonin Scalia as a "a ghoul in a late-night horror movie that repeatedly sits up in its grave." Laws accused of violating this amendment must not fail the "purpose," "effect," or "excessive entanglement" prong under a three-part test established in 1971. In Zorach v. Clauson, the Supreme Court held that school release time programs do not violate this amendment. Many opinions discussing this amendment cite Thomas Jefferson's letter to the Danbury Baptists, which analogizes one of its provisions to a "wall of separation." The Lemon test concerns the interpretation of, for 10 points, what constitutional amendment whose "establishment" and "free exercise" clauses protect freedom of religion?

Fourteenth Amendment

Early cases citing this amendment included Yick Wo v. Hopkins, which concerned Chinese Americans operating laundry businesses. Another of its components was interpreted with Lochner v. New York, but that "freedom of contract" philosophy was repudiated in West Coast Hotel v. Parrish. Its "privileges or immunities" clause was interpreted under the Slaughter-House Cases, and the "separate but equal" doctrine was created to satisfy this amendment in Plessy v. Ferguson. For 10 points, name this 1868 amendment to the United States Constitution that guarantees due process and equal protection under the law for all citizens, including newly freed black slaves.

Seventeenth Amendment

Henry Adams rails against the supposed ill effects of implementing this in his essay "Degradation of the Democratic Dogma." A Spencer cartoon depicts the law implementing this practice strutting into Congress as a dapper, mustachioed young man, only to hobble out with a floor-length white beard and cane. Motivation for this process was provided by a two-year deadlock in the wake of the ouster of John Pettit of Indiana and a four-year logjam in Delaware beginning in 1899. Hearst had David Graham Philips write the series "The (*)) Treason of [the body in question]" to advocate for this reform; other exponents included George G. Hayes and William Borah, himself a member of the body being reformed. The direct election of U.S. Senators became law in the U.S, when a section of Article I, Section 3 was overridden in 1913 by ratification of what?

Sixth Amendment

In Gideon v. Wainwright, the Supreme Court guaranteed one of this Amendment's rights in case of poverty. The power to compel friendly witnesses to appear in court is guaranteed by this amendment, which also provides for the right to (*)) counsel, the right to confront witnesses, and the right to a speedy, public trial, but its rights do not apply in civil court. For 10 points, name this Bill of Rights amendment that guarantees the right to trial by jury.

25th Amendment

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Second Amendment

It's not the First Amendment, but in US v. Cruikshank, the Supreme Court failed to incorporate this amendment's protections to the states, ruling against a group of freedmen. While the Court exercised the collective rights interpretation of this amendment in its decision in 1939's US v. Miller, that precedent was overturned in another case pertaining to this amendment, (*) DC v. Heller, in which the Court ruled that this amendment did not solely extend to a state's necessity to maintain a well-regulated militia. Two recent Supreme Court cases dealing with this issue are District of Columbia v. Heller and McDonald v. Chicago; the latter decision extended a Constitutional prohibition to the states. Justice John Paul Stevens has said he would add the words "when serving in the (*) Militia" to the Constitution to clarify this topic some consider a matter of self-defense and sportsmanship. The NRA champions, what part of the constitution that establishes a "right of the people to keep and bear Arms"?

Eleventh Amendment

One exception to this rule is in suits arising from laws adopted under the Fourteenth Amendment. Hans v. Louisiana gave broader power to the principle behind this rule, which was further extended in the 1999 case Alden v. Maine. Retroactive damages are not recoverable under this rule, but plaintiffs may seek injunctive relief if they sue a state official. Ex Parte [PAHR-tay] Young created the Stripping Doctrine, an exception to this amendment involving unconstitutional acts that allows for injunctive relief. The scope of this amendment was expanded by the decision in Hans v. Louisiana. This amendment was passed in reaction to the ruling in Chisholm v. Georgia. Name this constitutional amendment that established the sovereign immunity of the states, the first amendment passed after the Bill of Rights.

23rd Amendment

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Ninth Amendment

The Federal Rule of Civil Procedure of this number requires that pleadings alleging "fraud or mistake" do so with "particularity." Among the 54 titles in the U.S. Code, laws about arbitration fall under the one of this number. In his SCOTUS confirmation hearing, Robert Bork likened the constitutional amendment of this number to an "ink blot" of unknowable meaning. In 2013, a legal entity with this number in its name began posting video streams of en banc [ahn bank] proceedings online. Republicans such as Jeff Flake have proposed breaking apart the (*) appellate circuit court of this number, the westernmost in the United States. In 1972, Patsy Mink of Hawaii and Birch Bayh of Indiana sponsored a law known by this number, whose corresponding constitutional amendment reserves "unenumerated" rights. For 10 points, give the number of a "Title" addressing sex discrimination in college education.

Nineteenth Amendment

The Supreme Court case Leser v. Garnett upheld the ratification of this Constitutional amendment. It was the subject of a 1913 parade on Pennsylvania Avenue in Washington, held the day before Woodrow Wilson's first inauguration; that march was led by Alice Paul. This amendment wasn't ratified until (*)) 1920, though it was written in the 1870's by Susan B. Anthony. Suffragettes supported, for 10 points, what amendment that guaranteed women the right to vote?

Title IX of the Education Amendments of 1972

The Supreme Court ruled that institutions that failed to comply with this legislation could face punitive damages in a 1992 case filed by Christine Franklin. A series of documentaries inspired by this amendment included the entries No Limits and Let Them Wear Towels. A three-pronged test created by the Department of Health, Education and Welfare to assess violations of this act looks for inequality in facilities and participation. This legislation prohibited the discrimination based on sex or denial of benefits to any educational program receiving federal financial assistance. For 10 points, name this section of the 1972 Education Amendments that resulted in scholarship opportunities for female athletes.

Twenty-First Amendment

The Supreme Court ruled that the Taxing and Spending Clause did not violate this amendment in South Dakota v. Dole. It was not ratified by the state legislatures, making it the only amendment to be ratified by state ratifying conventions. Most cases dealing with this amendment focus on Section 2, which is about "the transportation or importation...of (*)) intoxicating liquors," while Section 1 repealed an amendment enforced by the Volstead Act. For 10 points, name this 1933 amendment which repealed Prohibition.

Fourth Amendment

The Supreme Court ruled that this amendment was violated in the arrest of Fremont Weeks. The fifth and sixth amendments, along with this, have exclusionary rules that were expanded to the state level in Mapp v. Ohio, which reversed an arrest of a woman who possessed pornographic materials. The case of Katz v. United States applies this amendment to all cases in which the defendant had a "reasonable expectation of privacy." Name this amendment in the Bill of Rights that states "The right of the people to be secure in their persons...shall not be violated", and which protects "against unreasonable searches and seizures".

26th Amendment

The Twenty-sixth Amendment (Amendment XXVI) to the United States Constitution prohibits the states and the federal government from using age as a reason for denying the right to vote to citizens of the United States who are at least eighteen years old. The drive to lower the voting age from 21 to 18 grew across the country during the 1960s, driven in part by the military draft held during the Vietnam War. The draft conscripted young men between the ages of 18 and 21 into the armed forces, primarily the U.S. Army, to serve in or support military combat operations in Vietnam. A common slogan of proponents of lowering the voting age was "old enough to fight, old enough to vote". Determined to get around inaction on the issue, congressional allies included a provision for the 18-year-old vote in a 1970 bill that extended the Voting Rights Act. The Supreme Court subsequently held in the case of Oregon v. Mitchell that Congress could not lower the voting age for state and local elections. Recognizing the confusion and costs that would be involved in maintaining separate voting rolls and elections for federal and state contests, Congress quickly proposed and the states ratified the Twenty-sixth Amendment.

Eighteenth Amendment

The city hall of Portland, Maine was besieged after Mayor Neal Dow instituted this policy there. Another riot named for a product banned under this policy took place in Chicago. Supporters of this policy edited (*)) key scenes out of the bible, and a presidential candidate who opposed this policy promised to fulfill Americans' "wet dreams". Wayne Wheeler founded the main organization promoting this policy, and this policy led to an explosion in religious organizations due to an exemption they received. For ten points, name this policy backed by the Anti-Saloon League and the Women's Christian Temperance Union.

Third Amendment

The government may not house soldiers in private homes without consent of the owner

Sixteenth Amendment

The proposals of Norris Brown were eventually incorporated into this legislation, which was upheld in Brushaber v. Union Pacific. Eisner v. Macomber ruled that it could not apply to pro rata stock dividends, and Commissioner v. Glenshaw Glass Co stated that it applies to punitive damages. A conspiracy theory states that this amendment and all laws passed pursuant to it are invalid because Ohio did not properly ratify it. It nullified Pollock v Farmers Loan and Trust. This amendment was originally proposed by Nelson Aldrich, and its ratification was immediately followed by the passage of the Revenue Act. For 10 points, name this Constitutional amendment which created the income tax.

Fifteenth Amendment

This amendment was used to prevent gerrymandering in the 1957 case Gomillion vs. Lightfoot and was the basis of the 2000 case Rice vs. Cayetano regarding the trustees of the Office of Hawaiian Affairs. A more radical version of this amendment was not passed because northern Republicans wished to keep their own limiting state laws in tact. Thomas Mundy Peterson is the first man to utilize this amendment, when he voted in the Perth Amboy school board election. Common ways employed to circumvent this amendment are literacy tests, poll taxes and grandfather clauses. For 10 points, name this 1870 Amendment to the Constitution, which states that the right to vote will not be denied based on race or servitude

Thirteenth Amendment

This constitutional amendment was introduced by James Mitchell Ashley. Active enforcement of it ended in 1947, and in Jones v. Mayer, Potter Stewart ruled that Title 42, section 1982 of the US Code was a valid application of this amendment. This amendment bans [*] peonage except in cases of punishment for a crime, but it makes no mention of race with regard to its main subject. This amendment's conditions replaced the Emancipation Proclamation. For 10 points, name this Constitutional amendment which bans involuntary servitude and slavery, the first of the "Reconstruction Amendments."

The Poor Law Amendment Act of 1834

This legislation established the Consolidated General Order to oversee a system modeled on John Becher's work at Southwell, and it was protested by Joshua Hobson's Murder Book. Driven by Edwin Chadwick's reading of a sensationalist Mark Peters article and by the violent Swing Riots, this legislation scrapped the failed Speenhamland and pro-human auctioning Roundsman systems. This bill sought to correct the failed modifications proposed by Knatchbull and Gilbert for a 1601 law, and tragically discouraged one action's "outdoor" form. The Andover scandal resulted from the ensuing bureaucratic war zones created by legislation, whose "less illegibility" provision actually banned tolerable conditions in workhouses. Passed two years after the Great Reform Bill and inspired by the ideas of Bentham, and Malthus, for 10 points, identify this 1834 legislation that ended up starving and killing rather than aiding many of its namesake impoverished Britons.

Equal Rights Amendment

This legislation's chief opponent compared it to "using an atomic bomb to kill a few mice." Sonia Johnson was excommunicated from the Church of Latter-Day Saints for speaking in support of this legislation. Wayne Townsend cast the tie-breaking vote in Indiana after being urged to vote in favor of this legislation by then-First Lady Rosalynn Carter. The "three-state strategy" is a current attempt to convert this piece of legislation into law. The conservative Eagle Forum was founded to oppose this legislation by Phyllis Schlafly. This legislation never actually became law because only 35 out of 38 states ratified it by the 1979 deadline. Alice Paul originally authored, for 10 points, what proposed constitutional amendment that would have ended distinctions between men and women in the United States?

24th Amendment

Virginia modified its law in anticipation of this legislation's passage, but that new law was struck down in Harman v. Forssenius, which ruled that requiring a witnessed certificate of residency introduced a burden prohibited by this legislation. Because it only applies to federal elections, it wasn't until the 1966 Supreme Court decision Harper v. Virginia Board of Elections that this legislation's provisions were effectively extended to state elections. For 10 points, name this amendment ratified in 1964 that prohibits the levying of a poll tax as a prerequisite for voting in federal elections.


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