The first page of the Senate’s markup of the House-passed Bill of Rights, the first 10 amendments to the , ratified in 1791. “Article the First” was never ratified. The third and fourth articles were combined by the Senate into what it now the First Amendment. The second article, dealing with the pay of members of Congress, was ratified more than two centuries after it was sent to the states, in 1992.

Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works

By Christine Blackerby

hat if we elected the President of the United WStates by lot—by pulling a ball representing a candidate out of a bowl? A introduced in Congress in 1846 proposed precisely that. In 1838, one member of Congress shot another, prompting the introduction of an amendment to the Constitution to deny public office to duelers. A citizen wrote to Congress in 1963 to advocate for a constitutional amendment to require that Americans “tell the truth, the whole truth, and nothing but the truth.” Anyone who failed in that duty would be sen- tenced to 20 years of hard labor. These are just a few of the more than 11,000 consti- tutional amendments that have been proposed in Con- gress since the Constitution was written in 1787. 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.

Left: A mural by Barry Faulkner in the Rotunda of the National Archives Building depicts James Madison handing a copy of the Constitution to George Washington (far right).

Prologue 3 James Madison, often called the “father of the Constitution.”

What most of these proposed amendments sary of the ratifica- limit or remove indi- have in common, though, is that they failed tion of the first 10 vidual rights, but none of these to be enacted. Only 27 of the more than amendments to the Constitution, known have ultimately been successful. “Amending 11,000 proposed amendments have been collectively as the Bill of Rights. The exhibi- America” includes documents that illustrate ratified to become part of the Constitution. tion will also feature others of the 27 ratified the struggles to win those rights, and also the It is difficult—but not impossible—to amendments, as well as many of the 11,000 clashes when people’s rights conflict. turn an idea into an amendment. The reason proposed amendments that failed. “Amending so few amendments have been successful is America” will be on display in the Lawrence The First 10 Amendments: that our Constitution sets a high bar to pass F. O’Brien Gallery at the National Archives The Bill of Rights amendments. Each of the 27 amendments Building in Washington, D.C., through Sep- has passed both houses of Congress by a tember 4, 2017. The exhibition is presented The Bill of Rights, ratified in 1791, set the two-thirds vote, and then they were ratified in part by the National Archives Foundation stage for 225 years of expansion and secur- by three-quarters of the state legislatures. through the generous support of AT&T, HIS- ing of individual rights. Originally, some So, what kinds of proposals achieve enough TORY®, and the Lawrence F. O’Brien Family. saw it as merely a statement of values. But support to become a ratified amendment? in the 20th century it was used to establish This question is explored in “Amending Most Amendments Focus enforceable limits on government actions. America,” a new National Archives exhibi- On Expanding Our Rights As visitors enter the gallery, they will see a tion. “‘Amending America” features National montage of photographs and film clips that Archives documents that highlight the suc- More than anything else, the history of depict Americans engaging in actions that cesses and failures of Americans’ attempts to constitutional amendments is a history of are protected by the Bill of Rights, including change our nation’s fundamental governing expanding rights and democracy. Seventeen free speech, practice of religion, and the right charter,” said co-curator Jennifer Johnson. of the 27 ratified amendments secure or to peaceably assemble. Nearby will be several The exhibition is part of the National expand individual rights, including voting documents that illuminate how the Bill of Archives’ celebration of the 225th anniver- rights. Some proposed amendments would Rights came to be.

4 Prologue Winter 2015 One of these is the voting record of the Con- James Madison of Virginia, sometimes tors spilled the most ink on the Third and stitutional Convention in 1787. It shows that called the “father of the Constitution,” kept Fourth Articles, which were later combined the omission of a bill of rights from the Consti- that promise when he introduced rights- to form the First Amendment. tution was deliberate, not an oversight. George related amendments in the House of Repre- The Bill of Rights became the first 10 Mason proposed adding a bill of rights five days sentatives in the First Congress. The Senate amendments to the Constitution when Vir- before the convention ended. But after a short then reworked the amendment language ginia ratified them on December 15, 1791. debate, the state delegations voted the motion passed by the House. Visitors will be able Virginia’s affirmative vote, the 11th of the 14 down, 0–10. to see the Senate’s marked-up draft, which states in the Union, met the constitutionally That omission proved to be a mistake almost illuminates the Senate’s debate. The sena- required bar of three-quarters of the states fatal to the Constitution. New York and needed for ratification. Since 1941, several other states agreed to ratify with December 15 has been celebrated as Bill the promise that the First Congress would of Rights Day. add rights to the Constitution through the amendment process. These states might Protection for Right to Religion, have rejected the Constitution without the Speech, Press, Assembly, Petition promise of a future bill of rights. Visitors will see several pages of New York’s ratifica- The First Amendment protects freedom tion of the Constitution, which includes a of religion, speech, and press, and the list of amendments that New York wanted right to assemble and petition. “Amend- to see proposed in the First Congress. ing America” features many documents that portray these rights in action. The First Amendment protection of the free In the early 1960s, the Supreme press covers many things, including crime and horror comic books aimed at children, investi- Court invalidated the common practice gated by the Senate in 1954. of teacher-led prayer in public schools

Amending America Prologue 5 as a violation of the First Amendment’s In response, Congress considered an therefore should be prohibited as an “ille- . In response, mem- amendment to alter the First Amendment gal assembly.” Their fears were unfounded, bers of Congress introduced hundreds of to prohibit flag burning. This proposed and the march proceeded calmly. Many of amendments, both to protect illustrated that the firm belief the addresses were memorable—especially and also to confirm that school prayer could in the importance of the American flag as Martin Luther King Jr.’s “I Have a Dream” not be required. Others urged Congress not a unique symbol of freedom was at odds speech—but the most emotionally power- to alter the First Amendment at all. with the equally powerful notion that the ful aspect of the march was the demonstra- A letter from a Baptist church stated that First Amendment guarantees Americans the tors’ peaceful assembly. The Civil Rights Act these proposed amendments addressed a prob- right to freedom of speech, regardless of how became law in 1964. lem that did not exist. God and the Bible never insulting that speech may be. Visitors can Petition drive organizers in the 1800s and left schools, the letter writer pointed out. Stu- read a letter to Congress from People for the 1900s vigorously exercised their First Amend- dents could still pray; the Court stated only American Way that details several objections ment right to petition the government for that compulsory prayer was unconstitutional. to the Flag Desecration Amendment, which redress of grievances. Organizers printed the Flag burning is free speech, ruled the ultimately failed to pass. text of a petition on the top of a page and then Supreme Court in Texas v. Johnson (1989). Does the First Amendment’s protection of the left the bottom blank for signatures. After gath- The Court explained, “Government may free press include crime and horror comic books ering signatures, the pages were often glued not prohibit the expression of an idea simply aimed at children? The Senate Judiciary Subcom- end to end to form one giant document, which because society finds the idea itself offensive mittee on Juvenile Delinquency collected more was then sent to Congress. One of these large or disagreeable.” than 600 comic books during a 1954 investiga- petitions, from the residents of the District of tion of whether such comics Columbia against the enactment of a District contributed to youth crime, Prohibition bill, is rolled up like a scroll and and one of these is displayed will be in the gallery for visitors to examine. in the gallery. Although the Like so many other parts of 21st-century Senate considered censor- life, petitioning has gone digital. Visitors ing this kind of publication, will be able to use an iPad to explore the ultimately they proposed no “We the People” website, created by the such bill. Obama administration to allow direct peti- The program for the tioning of the President. Anyone can create 1963 March on Wash- a petition, and if a petition gets 100,000 sig- ington illustrates civil natures within 30 days, the administration rights activists’ plans will respond. to exercise their First Many of the documents at the National Amendment right to Archives tell stories of the protection of First peaceably assemble. But Amendment rights, but some show these congressional opponents rights being infringed. Visitors can see a of the then-pending Civil poster by the Hollywood writers and actors Rights Act argued that who created the Committee for the First the march would incite Amendment in 1947 to defend their right violence and riots and to free speech from the investigations of the House UnAmerican Activities Committee (HUAC) of Congress. In an attempt to root

Al Capone thought he had out communists from American institutions fixed the jury in his 1931 tax during the Cold War, HUAC subpoenaed evasion trial, but when the actors and screenwriters known as the “Holly- judge heard about it, he had the jury switched with anoth- wood Ten” to question their beliefs and asso- er one. The replacement jury ciations with the Communist Party. Citing convicted Capone. The Sixth Amendment guarantees a jury the First Amendment, they refused to answer trial in criminal prosecution. and were jailed for contempt of Congress.

Winter 2015 As congressional committees continued to investigate individuals’ personal beliefs, speech, and associations, the targets of the investigators abandoned the unsuccessful First Amendment defense and switched to the Fifth.

The Bill of Rights Provides Many Protections for Citizens

The Fifth Amendment provides protections to accused criminals, including the right against self-incrimination. Although she was a playwright, not a criminal, Lillian Hellman “pled the Fifth,” refusing to testify to HUAC about herself if it meant that she also had to testify about other people’s political beliefs and speech. Those who “pled the Fifth” did not go to prison, but most of them were blacklisted and could no longer find work in Hollywood. 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 ascendant argument says it is an individual right guaranteed to every citizen. jury was not the one Capone initially expected. When 18-year-olds were drafted to fight in Vietnam, the After President Gerald Ford escaped two Capone knew who would be the jurors before long-simmering push to lower the voting age to 18 took hold. The 26th Amendment was ratified in 1971, faster assassination attempts in 1975, both made the trial judge did. He had already passed out than any other amendment—100 days—and prompted with “Saturday Night Specials,” many citizens thousands of dollars in cash, free tickets, and this commentary by cartoonist Bruce Shanks. blamed these small, easy-to-conceal hand- other goodies to the jurors before the trial con- guns for rising crime rates. The guns became vened. The judge learned what Capone had the right to vote. Some states historically the focus of an advertisement by the Com- done, and as the trial opened, he ordered that have excluded groups from voting, such as mittee for Hand Gun Control, which visi- the entire jury be unseated and switched with African Americans, women, illiterate per- tors can examine. The DC Firearms Control the panel for a trial that was starting in another sons, felons, or young people. Regulations Act passed soon after in 1976. The courtroom. The replacement jury convicted The first amendment to change those Supreme Court invalidated the act in District Capone, and he served eight years in prison. requirements was the 15th Amendment, rat- of Columbia v. Heller (2008), ruling for the first ified in 1870, five years after the end of the time that gun ownership is an individual right. Voting Rights Expand Civil War. It forbids any state from deny- The right to trial by jury, guaranteed by To More Americans ing the vote to anyone “on account of race, the Sixth Amendment, is so fundamental color, or previous condition of servitude.” that it dates to Magna Carta of 1215. A jury Seven other ratified amendments, besides However, the amendment was not of one’s peers stands between the accused the first 10, relate to rights, and thousands enforced until after the passage of the Vot- criminal and the government, preventing more were proposed in Congress to expand ing Rights Act of 1965, 95 years later. The abuse of power. The Seventh Amendment or constrict rights. act was introduced in Congress after televi- protects the same right in civil trials. Because the Constitution gives each state sion news stations broadcast graphic footage Visitors can see the signatures of the 12 mem- the power to determine voter qualifications, of “Bloody Sunday,” when peaceful voting bers of the jury on the guilty verdict in gang- a constitutional amendment is required to rights marchers in Selma were violently sup- ster Al Capone’s tax evasion trial. However, this guarantee any particular group of Americans pressed by Alabama state troopers.

Amending America Prologue 7 The proposed had strong opposition as well as strong support but could not be ratified in the time allotted by Congress; only 35 states of the 38 needed ratified it by 1982. This woman expressed her opposition at the National Women’s Conference in Hous- ton, Texas, in 1977. Right: Another opponent wrote to a congressman.

This horrific event catalyzed public sup- political cartoon published in 1968 portrayed port for voting rights legislation to enforce this incongruity with an image of a young The 14th Amendment Focuses the 15th Amendment’s guarantee of the soldier in a combat zone reading a newspaper On Equality for All Citizens right to vote regardless of race. “Amending story about lowering the voting age, and he America” includes an emotionally powerful tells his buddy, “Hey! They’re going to treat The Declaration of Independence states that letter from Mrs. E. Jackson to illustrate that me like a man!” In 1971, the 26th Amend- “all men are created equal.” Several amend- support. She wrote it the day after Bloody ment lowered the voting age from 21 to 18. ments aimed to ensure that everyone was Sunday to urge Congress to protect the This amendment was ratified faster than any treated equally, too. marchers’ right to vote. other amendment—in only 100 days. The Civil War produced seismic shifts Some amendments introduced in Con- Five ratified amendments relating to vot- in American culture, the economy, and the gress attempted but failed to solve a prob- ing rights have guaranteed suffrage to most Constitution. In the 1860s, three amend- lem that was successfully addressed by a later Americans. But a notable group remains ments were ratified, and each one expanded amendment. disenfranchised. Residents of the District rights. Visitors to “Amending America” will Before the 19th Amendment granted of Columbia—the capital of the United be able to see a significant failed amendment woman suffrage in 1920, an 1888 resolution States—pay federal taxes, serve on juries, from this time period, the Corwin Amend- proposed voting rights only for widows and and enlist in the military, but they can- ment. spinsters, suggesting that married women not vote for congressional representatives Just weeks before the Civil War started were “represented” by their husbands. Part because they have no senators or repre- in 1861, concerns over Southern secession serious and part mocking, suffragist Eliza- sentatives in the House. An amendment were still balanced with hopes of preserving beth Cady Stanton testified to Congress in that passed Congress in 1978 would have the Union and averting war. Representative support of this proposal, stating: “they are changed that, but it was not ratified by the (R-) proposed a con- industrious, common-sense women . . . who states. In 1961, however, the 23rd Amend- stitutional amendment to maintain love their country (having no husbands to ment gave the District three Electoral Col- and make the amendment itself unamend- love) better than themselves.” lege votes for President. Visitors can see a able. It passed Congress, but the Civil War At the age of 18, young men were consid- political cartoon from 1920 that portrays started before the states had time to consider ered mature enough to fight, but not to vote. District residents as similar to the American ratification. Four years later, Congress passed When 18-year-olds were drafted to fight in revolutionaries who fought against taxation the 13th Amendment abolishing slavery— Vietnam, the disparity became striking. A without representation. the exact opposite of Corwin’s amendment.

8 Prologue Winter 2015 The 14th Amendment fundamentally that the states as well as the federal govern- Introduced in Congress more times altered the balance of power between the ment were required to uphold fundamental than any other proposed amendment, the states and the federal government by requir- rights. Through this process, referred to as Equal Rights Amendment (ERA) would ing states to protect rights to which they “incorporation,” most of the Bill of Rights have provided for legal gender equality if previously had not been constitutionally now applies to state governments, too. it had been ratified by the states before the bound. The joint resolution of Congress The 14th Amendment has five sections, but congressionally imposed deadline in 1982. that proposed the 14th Amendment, argu- Section 1 is a constitutional powerhouse. The Opponents of the ERA argued that it ably one of the most consequential of the 27 ensures fair treatment in the would nullify laws that “protected” women ratified amendments, will be on display. legal system. The defines a from working long hours or physically When it was ratified in 1791, the Bill of citizen as anyone born in the United States. The challenging jobs. But supporters wanted Rights only prohibited the federal govern- requires governments equal treatment regardless. ment from restricting rights—the protec- to treat all citizens equally under the law. Letters to Congress from two women tions did not apply to state governments. The Relying on the Equal Protection Clause represent these contrary perspectives on 14th Amendment changed this—eventually. of the 14th Amendment, the complainants the ERA. Mrs. Thomas Zeko expressed her It passed Congress in 1866 (and was ratified in Brown v. Board of Education of Topeka opposition, stating “that a woman will find by the states in 1868) with the intention of argued that segregated schools were uncon- her fulfillment in competing for some tra- protecting the rights of the newly freed slaves stitutional. The landmark 1954 Supreme ditionally male position just isn’t so.” But from the state governments that so recently Court decision ended school segregation, supporter Liz Carpenter said, “Women will had been part of the Confederacy. It failed in stating, “We conclude that, in the field of gladly trade protective laws for some equal that regard, but in the 20th century, the 14th public education, the doctrine of ‘separate pay and equal rights.” Amendment became the core instrument for but equal’ has no place. Separate educational challenging discriminatory laws and expand- facilities are inherently unequal.” An excerpt ing rights for all citizens. of the complaint in this case Starting in the 1920s, the Supreme Court is on display in the gallery. began to change its interpretation of the Newsboys, like these near the Due Process Clause of the 14th Amend- U.S. Capitol in 1912, often skipped ment. Case by case, the Supreme Court school and worked late. A letter ruled that the “due process of law” guaran- to senators strongly supported an amendment to curb child labor, but teed to all by the 14th Amendment meant one introduced in 1924 failed. Vice President Lyndon B. Johnson takes the oath of office as President aboard Air Force One following John F. Kennedy’s assassination in on Novem- ber 22, 1963. The lack of a Vice President for more than a year prompted the 25th Amendment, which allows for an appointment when the office of Vice President becomes vacant.

ratified by three-fourths of the states. Subse- quent legislation was upheld, and the pro- posed amendment became moot. An amendment introduced in 1838 to pro- hibit any person involved in a duel from holding federal office represents the kind of amendment that failed because the need for it did not last over time. That year, Representative William Graves of shot and killed Representa- tive Jonathan Cilley of Maine in a duel at the Bladensburg dueling grounds in . Although duels had been seen as demon- strations of bravery and honor, they became an unacceptable way to resolve disputes. Amendments Are Proposed 21st Amendment repealed the 18th. This is Members of Congress introduced two To Refine Government Power the only instance of the successful repeal of amendments to forbid duelists from holding an amendment. public office. Neither succeeded, but duel- What do we want our government to do for us? Five years after the end of Prohibition, ing faded away anyway. The Constitution authorizes many powers some people could not let it go. Instead of In addition to adding or removing powers for the federal government, but Americans prohibiting alcohol sales, an amendment pro- from the list given to the federal government in have suggested many additions to that list. posed in 1938 would have regulated personal the Constitution, some proposed amendments Frequently, the powers in proposed amend- behavior by prohibiting drunkenness. The would have made changes to how existing pow- ments to the Constitution are responses absurdity of enforcing this ban was cheekily ers are exercised. The decision to declare war to specific events at certain points in time. pointed out in the handwritten note at the is a critical power given to Congress. But after They fail because they don’t achieve a sus- bottom, which proposed adding an equally World War I and during the Great Depression, tained consensus over time. far-fetched effort to abolish Saturday nights. some war-weary petitioners sought an amend- Attempts to codify “proper” behavior Child labor was another topic that ment that would “give the people the oppor- through amendments has been unsuccess- sparked emotional reactions. A letter from tunity to vote on whether or not we are to be ful, but it hasn’t stopped every generation Suzanne Heber conveys her horror at seeing plunged into another foreign war.” from trying. The establishment of Prohibi- “the lives ground out of mere babies by hard In a diverse nation, some amendments to our tion in 1919 with the ratification of the 18th labor.” The cruelty she witnessed spurred founding charter have aimed to define what it Amendment was the capstone of decades of her to support child labor regulation. After means to be American. For some, this has meant efforts by those who supported moral living the Supreme Court invalidated several child proclaiming America to be a Christian nation. by refusing to drink alcohol. But Prohibi- labor laws, Congress proposed the Child God is not directly cited in the Constitu- tion failed after 14 years, and in 1933, the Labor Amendment in 1924, but it was not tion, but some religious groups tried to change

To learn more about. . . • One of the Founding Fathers’ role in creating the Bill of Rights, go to “A Founding Father in Dissent: Elbridge Gerry Helped Inspire Bill of Rights in His Opposition to the Constitution” at www.archives.gov/publications/prologue/2006/spring/. • The Constitution and its signers, go to www.archives.gov/exhibits/charters/constitution.html. • How the Constitution received expert conservation treatment a decade ago, go to www.archives.gov/publications/prologue/2003/fall/.

10 Prologue Winter 2015 Top image: A Clifford Berryman editorial cartoon summarizes some of the argu- ments for full representation in Congress for the District of Columbia.

Top document: By the early 1900s, senators were often viewed as corrupt, rich, and unresponsive, and the State Grange of was among those calling for a change in how they were chosen. The 17th Amendment made senators elected directly by the citizens of each state. Bottom document: A 73-73 tie in the Electoral College in 1800 threw the election into the House of Representatives. The 12th Amendment ensured that a tie vote would not happen again. that. The “” would have than on shared culture or altered the Preamble of the Constitution to cite language. For some, an “Almighty God” (or other variations) rather English Language Only than “We the People” as the document’s pri- amendment would divide mary source of authority. Opponents believed Americans, increase ten- it threatened religious liberty, and the move- sion between communities, ment faded. Visitors will see a version of the and invite discrimination. amendment from 1923, but there are similar But for others, English is records dating from the 1840s to the 1990s. central to national unity. A Many consider America’s identity to letter from the Polish Amer- be based on shared political ideals rather ica Congress explained that

Amending America Prologue 11 The 27th Amendment, regulating the pay of members of Congress, took more than 202 years to be ratified. It was confirmed as an of- ficial part of the Constitution when Archivist of the United States Don Wilson certified it in 1992. organization’s support for an English lan- presidency has been a hot topic for revision When Franklin Roosevelt ran for an guage amendment, stating that a univer- throughout America’s history. These sug- unprecedented third presidential term in sal language helps immigrants participate gested changes are represented through sev- 1940, Europe was engulfed in the flames in their communities. Several attempts to eral documents that show attempts to alter of World War II, and America would soon establish English as the official or only lan- the structure of the presidency. join. Less troubled with breaking George guage of America failed in Congress in the For a total of 38 years in the nation’s his- Washington’s two-term precedent, many late 20th century. tory, the vice presidency has been vacant Americans wanted the most qualified per- when the Vice President died or became son to lead the nation during war. Many Several Amendments Focus on Shape, President. When Lyndon Johnson became citizens wrote to Roosevelt to express their Mechanics of Our Government President after John Kennedy’s assassina- opposition to or support for a third term. tion in 1963, the tragedy galvanized sup- After he won a fourth term in 1944, the The Founders who wrote the Constitution port for the 25th Amendment, which 22nd Amendment, limiting future Presi- were uncertain it would work. They were provided for the appointment of a Vice dents to two terms or 10 years, was ratified constructing new ways to run a govern- President. This new process was quickly in 1951. ment that had never been tried before. It put to use, only six years after it was rati- Plans for changing how Presidents and is not surprising, then, that time would fied in 1967, when Vice President Spiro members of Congress are chosen for office reveal some flaws or inefficiencies. Many Agnew resigned in 1973 and President inspired notable proposed amendments. proposed amendments would alter how Richard Nixon appointed Gerald Ford to Some petitioners from Ohio ironically the federal government is structured, who the position. It was used again the very highlighted the hypocrisy behind Southern participates in government, and how can- next year in 1974, when Nixon resigned states’ defense of the Three-Fifths Clause in didates are elected. and Ford became President. Subsequently, the Constitution: they claimed that slaves are From the length of a term to what hap- Ford appointed Nelson Rockefeller to the property but also count them as three-fifths pens when a President dies in office, the vice presidency. of a person for representation in Congress.

12 Prologue Winter 2015 ball would be picked from a bowl, and that a candidate from the state marked on the ball would become President. The randomness of this method may have been an attempt to sidestep growing sectional rivalries before the Civil War.

An Idea Becomes An Amendment

With only 27 ratified amendments out of over 11,000 attempts, it is clearly a diffi- cult process to navigate. Visitors will learn about that process through an anima- tion that explains how an idea becomes an amendment. The National Archives plays an important role. The Archivist of the United States certifies the ratification of amend- ments to affirm that the requirements that are described in Article V of the Constitu-

The program for the 1963 March on Washington illustrates civil rights activists’ plans to exercise their First tion have been met. The Archivist’s certifi- Amendment right to peaceably assemble. cation of the 27th Amendment will be on display in the gallery. The petitioners argued that animal property had also cast one vote for another candi- The time it took to ratify the 27th in free states should be counted as persons date, they would have avoided a 73–73 tie Amendment was unusually long—more with respect to congressional apportionment in the Electoral College and a contentious than 202 years—the longest amount of to balance the counting of enslaved persons 36-ballot fight to choose the President in the time for any amendment. But that fact in the South. If that was not possible, the House of Representatives. points to the main lesson to be learned petitioners suggested just removing the The election was resolved only after Alex- from a study of the 11,000 amendment Three-Fifths Clause altogether. ander Hamilton encouraged the House proposals: it takes a long time and a high In the Progressive Era of the early 20th of Representatives to elect his adversary degree of societal consensus to get a ratified century, the Senate was alleged to be corrupt, Thomas Jefferson over his future mortal constitutional amendment. unresponsive to citizens, and filled with mil- enemy Aaron Burr. (Burr killed Hamilton in Why do we amend? We amend when lionaires who spent too much on campaigns. a duel in 1804.) In 1804, the 12th Amend- Americans share an understanding of an A letter on display from the State Grange ment modified the Electoral College, ensur- essential concern that affects us all. We amend of Illinois succinctly states these opinions. ing that a tie vote would not occur again. so that We the People can create a more per- In response to this letter and others with Another document shows one of many fect Union. When we add new ideas to our similar sentiments, the 17th Amendment recurring attempts to abolish the Electoral fundamental governing charter—our Consti- was ratified in 1913. It provided for direct College altogether. tution—we are Amending America. election of senators by the people instead of Many documents in the National election by state legislatures. Archives indicate that Americans are clearly Author The 12th Amendment was a direct not enamored of one of the unique designs Christine Blackerby is the curator of response to flaw in the Electoral College in the Constitution—the Electoral College. “Amending America.” She is an educa- system devised by the Founders. In the One of many ideas suggested in Congress tion and public outreach specialist in the Center for Legislative Archives in Electoral College vote tally for the 1800 for replacing the Electoral College system Washington, D.C. She conducts educator workshops, presidential election, visitors can see that devised by the Founders was to elect the writes articles, and creates classroom materials using historical records to promote a better understanding one Federalist member of the Electoral Col- President of the United States by lot. House of Congress and the history of American representative lege voted for John Jay. If the Republicans Joint Resolution 8 in 1846 proposed that a government.

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