January 31, 2011

Let's Read the Constitution Day! - verse 25

Hatched by Dafydd

I call the next three the "Rooseveltian amendments" -- despite the fact that not a single one was enacted by Congress during the (interminable) administration of the Great Dictator, and only one was even ratified during Franklin Delano Roosevelt's tenure. And that one ratified amendment -- repealing Prohibition -- was the least "Rooseveltian" of the three...!

~

The Rooseveltian Amendments

Amendment 20 - Presidential, Congressional Terms. Ratified 1/23/1933.

1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Amendment 21 - Amendment 18 Repealed. Ratified 12/5/1933.

1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment 22 - Presidential Term Limits. Ratified 2/27/1951.

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

2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

The first of these amendments brought the electoral turnover into the twentieth century, shortening the "lame-duck" period between election and inauguration.

As an interesting side note, the 20th Amendment was voted by Congress in 1932, when the Republican-Democratic split in the Senate was dead even (counting the Farmer-Labor senator as a Democrat), and the Republicans "controlled" the House... by exactly one vote (same caveat). The GOP must have known that President Herbert "Chicken in every pot, car in every garage" Hoover was destined to lose, and likely lose to Gov. Franklin Delano Roosevelt, who would therefore benefit by the shortened lame-elephant session; yet at least half of them must have voted for the amendment anyway. This is yet another instance of Republicans putting conscience ahead of their own short-term advantage; another example was when Republicans pressured Richard Nixon to resign, when he might well have been able to ride out a Senate trial. Have the Democrats ever done so?

The last Rooseveltian amendment -- enacted by the newly elected Republican Congress two years after FDR's death and ratified in 1951 -- was clearly a post-mortem slap-down of Roosevelt's chutzpah in running for not two, not three, but four presidential terms, the first and last president ever to do so.

All verses in the Lizardian Constitutional Collection:

  1. Let's Read the Constitution Day! - verse 1 (Preamble)
  2. Let's Read the Constitution Day! - verse 2 (Congress; House, part I)
  3. Let's Read the Constitution Day! - verse 3 (House, part II)
  4. Let's Read the Constitution Day! - verse 4 (Senate, part I)
  5. Let's Read the Constitution Day! - verse 5 (Senate, part II)
  6. Let's Read the Constitution Day! - verse 6 (General congressional admin stuff)
  7. Let's Read the Constitution Day! - verse 7 (Legislative process and enumerated powers)
  8. Let's Read the Constitution Day! - verse 8 (Limitations)
  9. Let's Read the Constitution Day! - verse 9 (The prez -- who does he think he is?)
  10. Let's Read the Constitution Day! - verse 10 (What would a president do?)
  11. Let's Read the Constitution Day! - verse 11 (Judiciary)
  12. Let's Read the Constitution Day! - verse 12 (States, part I)
  13. Let's Read the Constitution Day! - verse 13 (States, part 2)
  14. Let's Read the Constitution Day! - verse 14 (Amendment; supreme law of the land)
  15. Let's Read the Constitution Day! - verse 15 (Ratification rules and signers)
  16. Let's Read the Constitution Day! - verse 16 (Amendments: Bill of Rights, Amendments 1-4)
  17. Let's Read the Constitution Day! - verse 17 (Bill of Rights -- Courtroom Amendments 5-8)
  18. Let's Read the Constitution Day! - verse 18 (Bill of Last Rights 9 and 10)
  19. Let's Read the Constitution Day! - verse 19 (Amendments: Suing other states, president vs. vice president)
  20. Let's Read the Constitution Day! - verse 20 (Amendments: Abolition of slavery)
  21. Let's Read the Constitution Day! - verse 21 (Amendments: States prohibited from infringing rights)
  22. Let's Read the Constitution Day! - verse 22 (Amendments: Racial voting rights)
  23. Let's Read the Constitution Day! - verse 23 (Amendments: Wilsonian-Progressivism I)
  24. Let's Read the Constitution Day! - verse 24 (Amendments: Wilsonian-Progressivism II)
  25. Let's Read the Constitution Day! - verse 25 (Amendments: Rooseveltian amendments)
  26. Let's Read the Constitution Day! - verse 26 (Amendments: Camelot amendments)
  27. Let's Read the Constitution Day! - verse 27 (Amendments: Panacea amendments)

Hatched by Dafydd on this day, January 31, 2011, at the time of 12:00 AM

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