The amendment was rejected by Georgia, July 25, 1919; South Carolina, January 28, 1920; Virginia, February 12, 1920; Mississippi, March 29, 1920; Delaware, June 2, 1920; Louisiana, July 1, 1920. No action was taken by Florida and North Carolina.

ARTICLE XX

SECTION 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.

SEC. 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.

SEC. 3. If, at the time fixed for the beginning of the term of the President, the President elect hall 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.

SEC. 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.

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

SEC. 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.

15

The twentieth amendment was ratified by the legislatures of all 48 States on the following dates: Virginia, March 4, 1932; New York, March 11, 1932; Mississippi, March 16, 1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932; New Jersey, March 21, 1932; South Carolina, March 25, 1932; Michigan, March 31, 1932; Maine, April 1, 1932; Rhode Island, April 14, 1932; Illinois, April 21, 1932; Louisiana, June 22, 1932; West Virginia, July 30, 1932; Pennsylvania, August 11, 1932; Indiana, August 15, 1932; Texas, September 7, 1932; Alabama, September 13, 1932; California, January 4, 1933; North Carolina, January 5, 1933; North Dakota, January 9, 1933; Minnesota, January 12, 1933; Arizona,

15 The twentieth amendment was proposed by Congress on March 2, 1932, when it passed the Senate [75 Cong. Rec. (72d Cong., 1st sess.) 5086], having previously passed the House on March 1 [Id., 5027]. It appears officially in 47 Stat. 745. Ratification was completed on January 23, 1933, when the thirty-sixth State approved the amendment, there being then 48 States in the Union. On February 6, 1933, Secretary of State Henry L. Stimson certified that it had become a part of the Constitution [47 Stat. 2569]. The assignment of State ratifications which made the amendment valid is based on the final chronological list of ratifications, which indicates January 23, 1933, as the effective date. The certificate of adoption issued February 6, 1933, includes four States which ratified after that date and omits four which ratified before that date but from which no "official notice" had been received. Of the four States which ratified on January 23, only one of which was required to make the requisite 36, Missouri acted earliest, 10: 01 a.m., Central Standard time. [Data from Department of State memorandum, October 15,

January 13, 1933; Montana, January 13, 1933; Nebraska, January 13, 1933; Oklahoma, January 13, 1933; Kansas, January 16, 1933; Oregon, January 16, 1933; Delaware, January 19, 1933; Washington, January 19, 1933; Wyoming, January 19, 1933; Iowa, January 20, 1933; South Dakota, January 20, 1933; Tennessee, January 20, 1933; Idaho, January 21, 1933; New Mexico, January 21, 1933; Missouri, January 23, 1933;

Georgia, January 23, 1933; Ohio, January 23, 1933; Utah, January 23, 1933; Colorado, January 24, 1933; Massachusetts, January 24, 1933; Wisconsin, January 24, 1933; Nevada, January 26, 1933; Connecticut, January 27, 1933; New Hampshire, January 31, 1933; Vermont, February 2, 1933; Maryland, March 24, 1933; Florida, April 26, 1933.

ARTICLE XXI

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

SEC. 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.

SEC. 3. This 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.

16

The twenty-first amendment was ratified by the several State conventions on the following dates: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode Island, May 8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933 Delaware, June 24, 1933; Indiana, June 26, 1933; Massachusetts, June 26, 1933; New York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California, July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933; Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August 11, 1933; Missouri, August 29, 1933; Arizona, September 5, 1933; Nevada, September 5, 1933; Vermont, September 23, 1933; Colorado, September 26, 1933; Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho, October 17, 1933; Maryland, October 18, 1933; Virginia, October 25, 1933; New Mexico, November 2, 1933; Florida, November 14, 1933; Texas, November 24, 1933; Kentucky, November 27, 1933; Ohio, December 5, 1933; Pennsylvania, December 5, 1933; Utah, December 5, 1933; Maine, December 6, 1933; Montana, August 6, 1934.

The amendment was rejected by a convention in the State of South Carolina, on December 4, 1933. The electorate of the State of North Carolina voted against holding a convention at a general election held on November 7, 1933. Nebraska, Oklahoma and South Dakota scheduled conventions in 1934, but did not hold them. Georgia, Kansas, Louisiana, Mississippi and North Dakota did not pass laws to provide for conventions.

ARTICLE XXII

SECTION. 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

16 The twenty-first amendment was proposed by Congress on February 20, 1933, when it passed the House [76 Cong. Rec. (72d Cong., 2d sess.) 4516], having previously passed the Senate on February 16 [Id., 4231]. It appears officially in 47 Stat. 1625. Ratification was completed on December 5, 1933, when the thirty-sixth State (Utah) approved the amendment, there being then 48 States in the Union. On December 5, 1933, Acting Secretary of State William Phillips certified that it had been adopted by

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 terms.

SEC. 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 twenty-second amendment " was ratified by the several State legislatures on the following dates: Maine, March 31, 1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1, 1947; New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April 3, 1947; Colorado, April 12, 1947; California, April 15, 1947; New Jersey, April 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947; Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947; Connecticut, May 21, 1947; Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia, January 28, 1948; Mississippi, February 12, 1948; New York, March 9, 1948; South Dakota, January 21, 1949; North Dakota, February 25, 1949; Louisiana, May 17, 1950; Montana, January 25, 1951; Indiana, January 29, 1951; Idaho, January 30, 1951 (after rejection by the Senate on January 25, 1949); New Mexico, February 12, 1951; Wyoming, February 12, 1951; Arkansas, February 15, 1951; Georgia, February 17, 1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Utah, February 26, 1951; Nevada, February 26, 1951; Minnesota, February 27, 1951;

North Carolina, February 28, 1951; South Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16, 1951; Alabama, May 4, 1951.

Massachusetts rejected the proposal on June 9, 1949, and Oklahoma in June 1947 (uncertified). Arizona, Kentucky, Rhode Island, Washington and West Virginia took no action.

ARTICLE XXIII

SECTION 1. The District constituting the seat of Government of the United States shall appoint in such a 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.

SEC. 2. The Congress shall have power to enforce this article by appropriate legislation.18

17 The twenty-second amendment was proposed by Congress on March 21, 1947, when the House agreed to Senate amendment [93 Cong. Rec. (80th Cong. 1st sess.) 2389], having previously been passed in the House of Representatives on February 6, 1947 [93 Cong. Rec. (80th Cong. 1st sess.) 872], and in the Senate on March 12, 1947, with an amendment [93 Cong. Rec. (80th Cong. 1st sess.) 1978]. It appears officially in 61 Stat. 959. Ratification was completed on February 27, 1951, when the legislature of the thirty-sixth State (Minnesota) approved the amendment, there being then forty-eight States in the Union. On March 3, 1951, the Administrator of General Services, Jess Larson, certified that this amendment had become a part of the Constitution [16 F.R. 2019 and 65 Stat. 777].

The twenty-third amendment 19 was ratified by the several State legislatures on the following dates: Hawaii, June 23, 1960 (technical correction, June 30, 1960); Massachusetts, August 22, 1960; New Jersey, December 19, 1960; New York, January 17, 1961; California, January 19, 1961; Oregon, January 27, 1961; Maryland, January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961; Minnesota, January 31, 1961; New Mexico, February 1, 1961; Nevada, February 2, 1961; Montana, February 6, 1961; Colorado, February 8, 1961; Washington, February 9, 1961; West Virginia, February 9, 1961; Alaska, February 10, 1961; Wyoming, February 13, 1961; South Dakota, February 14, 1961 (date of filing in Office of Secretary of State of South Dakota); Delaware, February 20, 1961; Utah, February 21, 1961; Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961; Indiana, March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6, 1961; Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10, 1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March 15, 1961; Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma, March 21, 1961; Rhode Island, March 22, 1961; Kansas, March 29, 1961; Ohio, March 29, 1961;

New Hampshire, March 30, 1961 (date in official notice; preceded by ratification on March 29, 1961, which was annulled and repeated March 30).

Arkansas rejected the proposal on January 24, 1961. Other States took no action.

19 The twenty-third amendment was proposed by Congress on June 16, 1960, when the Senate agreed to S.J. Res. 39, 86th Cong., as passed by the House of Representatives on June 14; which action consisted of substituting H.J. Res. 757 for the original text of S.J. Res. 39 (106 Cong. Rec. (86th Cong., 2d sess.) 12571). S.J. Res. 39 as approved by the Senate on February 2, 1960 (106 Cong. Rec (86th Cong, 2d sess.) 12850-58), for the first time since 1789, proposed several unrelated articles of amendment, though several amendments cover several points in sections of an article; as finally proposed it dealt with a single matter. It appears officially in 74 Stat. 1057 under date of June 16, 1960. Ratification was completed on March 29, 1961, when the legislature of the thirtyeighth State (Ohio) approved the amendment, there being then fifty States in the Union. The identity of the thirty-eighth State was in doubt until New Hampshire by "official notice" determined March 30 as the date of its ratification. On April 3, 1961, the Administrator of General Services, John L. Moore, certified that this amendment had become a part of the Constitution (26 F.R. 2808; 75 Stat. 847, 848).

APPENDIX B

PROPOSED AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES NOT RATIFIED BY THE STATES

During the course of our history, in addition to the 23 amendments which have been ratified by the required three-fourths of the States, five other amendments have been submitted to the States but have not been ratified by them. (See H. Doc. 206, 87th Cong., 1st sess.)

Beginning with the proposed 18th amendment, Congress has customarily included a provision requiring ratification within 7 years from the time of the submission to the States. The Supreme Court in Coleman v. Miller, 307 U.S. 433 (1939), declared that the question of the reasonableness of the time within which a sufficient number of States must act is a political question to be determined by the Congress. In 1789, at the time of the submission of the Bill of Rights, 12 proposed amendments were submitted to the States. Of these, articles III-XII were ratified and became the first 10 amendments to the Constitution. (See Appendix A, p. 231.) Proposed articles I and II were not ratified. The following is the text of those articles:

Article I. After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article II. No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.

Thereafter, in the second session of the 11th Congress, the following amendment to the Constitution relating to acceptance by citizens of the United States of titles of nobility from any foreign government was proposed, but was not ratified by three-fourths of the States:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of both Houses concurring), That the following section be submitted to the legislatures of the several states, which, when ratified by the legislatures of three fourths of the states, shall be valid and binding, as a part of the constitution of the United States.

If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.

During the second session of the 36th Congress, on March 2, 1861, the day after the seizure of Fort Sumter, the following proposed