Schultz D. Encyclopedia of the United States Constitution

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842

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OTHER AMENDMENTS

THE CONSTITUTION

Amendment XI

(1798)

The judicial power of the United States shall

not be construed to extend to any suit in law or

equity, commenced or prosecuted against one of

the United States by citizens of another state, or by

citizens or subjects of any foreign state.

Amendment XII

(1804)

The electors shall meet in their respective states

and vote by ballot for President and Vice-Presi-

dent, one of whom, at least, shall not be an inhab-

itant of the same state with themselves; they

shall name in their ballots the person voted for

as President, and in distinct ballots the person

voted for as Vice-President, and they shall make

distinct lists of all persons voted for as President,

and of all persons voted for as Vice-President,

and of the number of votes for each, which lists

they shall sign and certify, and transmit sealed to

the seat of the government of the United States,

directed to the President of the Senate;—The

President of the Senate shall, in the presence of

the Senate and House of Representatives, open

all the certificates and the votes shall then be

counted;—the person having the greatest num-

ber of votes for President, shall be the President,

if such number be a majority of the whole num-

ber of electors appointed; and if no person have

such majority, then from the persons having the

highest numbers not exceeding three on the list

of those voted for as President, the House of Rep-

resentatives shall choose immediately, by ballot,

the President. But in choosing the President, the

votes shall be taken by states, the representation

from each state having one vote; a quorum for

this purpose shall consist of a member or mem-

bers from two-thirds of the states, and a major-

ity of all the states shall be necessary to a choice.

And if the House of Representatives shall not

choose a President whenever the right of choice

shall devolve upon them, before the fourth day

of March next following, then the Vice-President

shall act as President, as in the case of the death

or other constitutional disability of the President.

The person having the greatest number of votes

as Vice-President, shall be the Vice-President, if

such number be a majority of the whole number

of electors appointed, and if no person have a

majority, then from the two highest numbers on

the list, the Senate shall choose the Vice-Presi-

dent; a quorum for the purpose shall consist of

two-thirds of the whole number of Senators, and

a majority of the whole number shall be necessary

to a choice. But no person constitutionally ineli-

gible to the ofﬁ ce of President shall be eligible to

that of Vice-President of the United States.

Amendment XIII

(1865)

Section 1. Neither slavery nor involuntary servi-

tude, except as a punishment for crime whereof

the party shall have been duly convicted, shall

exist within the United States, or any place subject

to their jurisdiction.

Section 2. Congress shall have power to enforce

this article by appropriate legislation.

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Amendment XIV

(1868)

Section 1. 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 pro-

tection of the laws.

Section 2. Representatives shall be apportioned

among the several states according to their

respective numbers, counting the whole number

of persons in each state, excluding Indians not

taxed. But when the right to vote at any election

for the choice of electors for Pre sident and Vice

President of the United States, Representatives in

Congress, the executive and judicial ofﬁ cers of a

state, or the members of the legislature thereof, is

denied to any of the male inhabitants of such state,

being twenty-one years of age, and citizens of the

United States, or in any way abridged, except for

participation in rebellion, or other crime, the basis

of representation therein shall be reduced in the

proportion which the number of such male citi-

zens shall bear to the whole number of male citi-

zens twenty-one years of age in such state.

Section 3. No person shall be a Senator or Repre-

sentative in Congress, or elector of President and

Vice President, or hold any ofﬁ ce, civil or military,

under the United States, or under any state, who,

having previously taken an oath, as a member of

Congress, or as an officer of the United States,

or as a member of any state legislature, or as an

executive or judicial ofﬁ cer of any state, to sup-

port the Constitution of the United States, shall

have engaged in insurrection or rebellion against

the same, or given aid or comfort to the enemies

thereof. But Congress may by a vote of two-thirds

of each House, remove such disability.

Section 4. The validity of the public debt of

the United States, authorized by law, includ-

ing debts incurred for payment of pensions

and bounties for services in suppressing insur-

rection or rebellion, shall not be questioned.

But neither the United States nor any state shall

assume or pay any debt or obligation incurred

in aid of insurrection or rebellion against

the United States, or any claim for the loss or

emancipation of any slave; but all such debts, obli-

gations and claims shall be held illegal and void.

Section 5. The Congress shall have power to

enforce, by appropriate legislation, the provisions

of this article.

Amendment XV

(1870)

Section 1. The right of citizens of the United

States to vote shall not be denied or abridged by

the United States or by any state on account of

race, color, or previous condition of servitude.

Section 2. The Congress shall have power to

enforce this article by appropriate legislation.

Amendment XVI

(1913)

The Congress shall have power to lay and collect

taxes on incomes, from whatever source derived,

without apportionment among the several states,

and without regard to any census of enumeration.

Amendment XVII

(1913)

The Senate of the United States shall be com-

posed of two Senators from each state, elected by

the people thereof, for six years; and each Senator

shall have one vote. The electors in each state shall

have the qualiﬁ cations requisite for electors of the

most numerous branch of the state legislatures.

When vacancies happen in the representation

of any state in the Senate, the executive author-

ity of such state shall issue writs of election to ﬁ ll

such vacancies: Provided, that the legislature of

any state may empower the executive thereof to

make temporary appointments until the people

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ﬁ ll the vacancies by election as the legislature may

direct.

This amendment shall not be so construed as

to affect the election or term of any Senator

chosen before it becomes valid as part of the

Constitution.

Amendment XVIII

(1919)

Section 1. After one year from the ratiﬁ cation of

this article the manufacture, sale, or transporta-

tion of intoxicating liquors within, the importation

thereof into, or the exportation thereof from the

United States and all territory subject to the juris-

diction thereof for beverage purposes is hereby

prohibited.

Section 2. The Congress and the several states

shall have concurrent power to enforce this article

by appropriate legislation.

Section 3. This article shall be inoperative unless

it shall have been ratified as an amendment to

the Constitution by the legislatures of 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 XIX

(1920)

The right of citizens of the United States to vote

shall not be denied or abridged by the United

States or by any state on account of sex.

Congress shall have power to enforce this article

by appropriate legislation.

Amendment XX

(1933)

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 Represen-

tatives at noon on the 3d day of January, of the

years in which such terms would have ended if

this article had not been ratiﬁ ed; and the terms of

their successors shall then begin.

Section 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.

Section 3. If, at the time fixed for the begin-

ning 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 ﬁ xed for the

beginning of his term, or if the President elect

shall have failed to qualify, then the Vice Presi-

dent elect shall act as President until a President

shall have qualiﬁ ed; and the Congress may by law

provide for the case wherein neither a President

elect nor a Vice President elect shall have quali-

ﬁ ed, 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

qualiﬁ ed.

Section 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.

Section 5. Sections 1 and 2 shall take effect on

the 15th day of October following the ratiﬁ cation

of this article.

Section 6. This article shall be inoperative unless

it shall have been ratiﬁ ed 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 XXI

(1933)

Section 1. The eighteenth article of amendment

to the Constitution of the United States is hereby

repealed.

Section 2. The transportation or importation into

any state, territory, or possession of the United

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States for delivery or use therein of intoxicating

liquors, in violation of the laws thereof, is hereby

prohibited.

Section 3. This article shall be inoperative unless

it shall have been ratiﬁ ed 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 XXII

(1951)

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 Presi -

dent, 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 ofﬁ ce

of the President more than once. But this article

shall not apply to any person holding the ofﬁ ce of

President when this article was proposed by the

Congress, and shall not prevent any person who

may be holding the ofﬁ ce of President, or acting

as President, during the term within which this

article becomes operative from holding the ofﬁ ce

of President or acting as President during the

remainder of such term.

Section 2. This article shall be inoperative unless

it shall have been ratiﬁ ed 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.

Amendment XXIII

(1961)

Section 1. 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 Presi-

dent 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 elec-

tion 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.

Section 2. The Congress shall have power to

enforce this article by appropriate legislation.

Amendment XXIV

(1964)

Section 1. The right of citizens of the United

States to vote in any primary or other election for

President or Vice President, for electors for Presi-

dent or Vice President, or for Senator or Represen-

tative in Congress, shall not be denied or abridged

by the United States or any state by reason of fail-

ure to pay any poll tax or other tax.

Section 2. The Congress shall have power to

enforce this article by appropriate legislation.

Amendment XXV

(1967)

Section 1. In case of the removal of the President

from ofﬁ ce or of his death or resignation, the Vice

President shall become President.

Section 2. Whenever there is a vacancy in the

ofﬁ ce of the Vice President, the President shall

nominate a Vice President who shall take ofﬁ ce

upon confirmation by a majority vote of both

Houses of Congress.

Section 3. Whenever the President transmits to

the President pro tempore of the Senate and the

Speaker of the House of Representatives his writ-

ten declaration that he is unable to discharge the

powers and duties of his ofﬁ ce, and until he trans-

mits to them a written declaration to the contrary,

such powers and duties shall be discharged by the

Vice President as Acting President.

Section 4. Whenever the Vice President and a

majority of either the principal officers of the

executive departments or of such other body as

Congress may by law provide, transmit to the

President pro tempore of the Senate and the

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Speaker of the House of Representatives their

written declaration that the President is unable

to discharge the powers and duties of his ofﬁ ce,

the Vice President shall immediately assume

the powers and duties of the office as Acting

President.

Thereafter, when the President transmits to the

President pro tempore of the Senate and the

Speaker of the House of Representatives his writ-

ten declaration that no inability exists, he shall

resume the powers and duties of his ofﬁ ce unless

the Vice President and a majority of either the

principal ofﬁ cers of the executive department or

of such other body as Congress may by law pro-

vide, transmit within four days to the President

pro tempore of the Senate and the Speaker of the

House of Representatives their written declara-

tion that the President is unable to discharge the

powers and duties of his ofﬁ ce.

Thereupon Congress shall decide the issue, assem-

bling within forty-eight hours for that purpose if

not in session. If the Congress, within twenty-one

days after receipt of the latter written declaration,

or, if Congress is not in session, within twenty-one

days after Congress is required to assemble, deter-

mines by two-thirds vote of both Houses that the

President is unable to discharge the powers and

duties of his ofﬁ ce, the Vice President shall con-

tinue to discharge the same as Acting President;

otherwise, the President shall resume the powers

and duties of his ofﬁ ce.

Amendment XXVI

(1971)

Section 1. The right of citizens of the United

States, who are 18 years of age or older, to vote,

shall not be denied or abridged by the United

States or any state on account of age.

Section 2. The Congress shall have the power to

enforce this article by appropriate legislation.

Amendment XXVII

(1992)

No law varying the compensation for the services

of the Senators and Representatives shall take

effect until an election of Representatives shall

have intervened.

846 Other Amendments to the Constitution

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847

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1142 Iroquois Confederacy formed

1215 King John forced by English nobles to sign

the Magna Carta at Runnymede

1620 Mayﬂ ower Compact signed

1692 Salem Witch Trials

1735 Peter Zenger acquitted in a jury trial; found

not guilty of engaging in seditious libel

1765 The British adopt the Stamp Act

1767 The British adopt the Townsend Act

1770 The Boston Massacre

1773 The Tea Act is adopted

The Boston Tea Party

1774 The First Continental Congress meets

1775 The Second Continental Congress meets

Battles of Lexington and Concord

Battle of Bunker Hill

1776 Declaration of Independence

1777 Second Continental Congress writes the

ﬁ rst draft of the Articles of Confederation

1781 Articles of Confederation adopted

1786 Shays’s Rebellion begins

1787 Northwest Ordinance adopted

Constitutional Convention

Delaware becomes the ﬁ rst sate to adopt

the new constitution

Federalist Papers run in New York

newspapers

Anti-Federalist Brutus and Letters from

the Federal Farmer run in newspapers and

appear in a pamphlet.

1788 Constitution ratiﬁ ed by requisite number

of states

George Washington elected as the first

president of the United States

1789 Judiciary Act of 1789 establishes the Supreme

Court with six members, and allows for cases

from a state’s highest court to be appealed to

the United States Supreme Court

President Washington appoints the ﬁ rst six

justices

John Jay becomes the ﬁ rst chief justice

1791 First 10 amendments to the Constitution,

known as the Bill of Rights, are ratiﬁ ed

1793 In Chisholm v. Georgia, the Supreme

Court rules that a citizen of one state can

sue a different state in federal court

1796 Oliver Ellsworth becomes chief justice

1798 In Calder v. Bull, the Supreme Court

declares that the ex post facto clause

applies only to criminal matters.

Congress adopts the Sedition Act

The Virginia and Kentucky Resolutions,

authored by Thomas Jefferson and James

Madison, challenge the constitutionality of

the Sedition Act

The Eleventh Amendment overturns

sholm v. Georgia

1800 John Marshall becomes chief justice

Thomas Jefferson defeats John Adams for

the presidency, but only after the House

of Representatives selects him over his

running mate Aaron Burr to become

president

1803 In Marbury v. Madison, Supreme Court

states it has the power to declare laws

unconstitutional

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1804 The Twelfth Amendment changes the pres-

idential election process so that the presi-

dent and vice president run as a ticket

1810 In Fletcher v. Peck, the Supreme Court

declares it has the power to review the

constitutionality of state laws

1811 Samuel Chase is the only Supreme Court

justice impeached by the House of Rep-

resentatives; the Senate refuses to convict

him

1816 In Martin v. Hunter’s Lessee, the Supreme

Court overturns a Virginia law, afﬁ rming

the power of the Supreme Court to declare

state laws unconstitutional

1819 In McCulloch v. Maryland, the Supreme

Court upholds the constitutionality of the

Bank of the United States and indicates

that the federal government has expansive

powers under the “necessary and proper”

clause

In Dartmouth College v. Wooodward, the

Supreme Court rules that the contract

clause prevents a state from changing the

charter of a private college

1820 Missouri Compromise adopted

1824 In Gibbons v. Ogden, the Supreme Court

upholds expansive power for the United

States government to regulate commerce

1831 In Cherokee Nation v. Georgia, the

Supreme Court issues the ﬁ rst of several

decisions regarding the status of Native

Americans in the United States

1833 In Barron v. Baltimore, the Supreme

Court states that the Bill of Rights does

not apply to the states

1836 Roger Taney becomes chief justice

1837 In Charles River Bridge v. Warren Bridge,

the Supreme Court rules that the contract

clause does not preclude the state of Mas-

sachusetts from allowing a new bridge to

be incorporated and built next to an exist-

ing one that had received a charter from

the state

1851 In Cooley v. Board of Wardens, the Supreme

Court afﬁ rms the power of states to regulate

local navigation issues despite restrictions

imposed by the commerce clause

1854 Kansas-Nebraska Act adopted

1857 In Dred Scott v. Sanford, the Supreme

Court declares the Missouri Compromise

unconstitutional and also rules that blacks

are property, not citizens

1860 Abraham Lincoln elected president

1864 Salmon P. Chase becomes chief justice

1865 The Thirteenth Amendment, abolishing

slavery, is ratiﬁ ed

Reconstruction begins

1866 In Ex parte Milligan, the Supreme Court

afﬁ rms the power of Congress to remove

its jurisdiction to decide a habeas corpus

after the Court had already had oral argu-

ments in the case

1868 The Fourteenth Amendment is ratified,

overturning Dred Scott v. Sanford; the

amendment prevents states from denying

the privileges and immunities of U.S. citi-

zens, granting equal protection of the law

or due process of law

1870 The Fifteenth Amendment is ratiﬁ ed, pro-

hibiting discrimination in voting on the

basis of race

1873 In the Slaughterhouse Cases, the Supreme

Court limits the meaning of the privileges

and immunities clause of the Fourteenth

Amendment

1874 Morrison R. Waite becomes chief justice

5 Supreme Court rules in Minor v. Happer-

sett that states may deny women the right

to vote

1876 In Munn v. Illinois, the Supreme Court

upholds the regulation of grain elevators

1877 Reconstruction ends with the withdrawal

of federal troops from the South

1883 In the Civil Rights cases, the Supreme

Court declares that Congress lacks the

authority to prevent discrimination in pri-

vate establishments

1887 In Mugler v. Kansas, the Supreme Court

strikes down a state law prohibiting intoxi-

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U.S. Constitution Time Line 849

cating beverages, ruling that it (the Court)

has the right to review the reasonableness

of legislation

1888 Melville W. Fuller becomes chief justice

1895 Supreme Court upholds the use of injunc-

tions to halt labor strikes in In re Debs

Supreme Court narrows the application,

the Sherman Antitrust Act and the power

of Congress to regulate commerce in

United States v. E.C. Knight Company

Supreme Court declares federal income

tax unconstitutional in Pollock v. Farmers’

Loan

1896 In Plessy v. Ferguson, the Supreme Court

upholds segregation and the “separate but

equal” doctrine

1897 In Chicago, Burlington & Quincy Rail-

road Company v. Chicago, the Supreme

Court begins the process of incorporating

the Bill of Rights to the states by holding

that the Fifth Amendment just-compensa-

tion clause applies to the states

In Allgeyer v. Louisiana, the Supreme

Court strikes down a state law regulating

a private contract

1905 In Lochner v. New York, the Supreme

Court strikes down a state law regulating

the working hours of bakers, holding that it

violates the due process clause of the Four-

teenth Amendment

1907 The Tillman Act is passed, preventing cor-

porations from expending money to inﬂ u-

ence federal elections

1908 In Muller v. Oregon, the Supreme Court

upholds laws limiting working hours for

women; Louis Brandeis introduces the

famous “Brandeis brief” in the case

1910 Edward D. White becomes chief justice

1913 The Sixteenth Amendment passes, over-

turning Pollock v. Farmers’ Loan

The Seventeenth Amendment passes, pro-

viding for direct election of U.S. senators

1914 Supreme Court declares the exclusionary

rule to be part of the Fourth Amendment

in federal proceedings in Weeks v. United

States

1916 Louis Brandeis, the ﬁ rst Jewish Supreme

Court justice, is sworn in

1917 Bolsheviks seize power in Russia

Congress adopts the Espionage Act

United States enters World War I

1918 In Hammer v. Dagenhart, the Supreme

Court strikes down child labor laws as an

unconstitutional regulation of commerce

Congress adopts the Espionage Act

1919 The Eighteenth Amendment is adopted,

banning the sale and manufacture of alco-

hol for consumption

Justice Oliver Wendell Holmes, Jr., devel-

ops the “clear and present danger” test in

Schenck v. United States

In Abrams v. United States, the Supreme

Court upholds the convictions of ﬁ ve Rus-

sian immigrants who circulated antiwar

leaﬂ et

20 Nineteenth Amendment ratified, giving

women the right to vote

1921 Former president William Howard Taft

becomes chief justice

1923 In Adkins v. Children’s Hospital, the

Supreme Court strikes down as unconstitu-

tional a federal minimum wage for women

1925 In Gitlow v. New York, the Supreme Court

incorporates the First Amendment free

speech clause to apply to the states through

the due process clause of the Fourteenth

Amendment

In Pierce v. Society of Sisters, the Supreme

Court declares that parents have a right

to send their children to private religious

schools

1927 In Buck v. Bell, the Supreme Court upholds

a law requiring the forced sterilization of a

mentally retarded woman

1930 Charles Evans Hughes becomes chief

justice

1931 In Near v. Minnesota, the Supreme Court

rules that the First Amendment prevents

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850 U.S. Constitution Time Line

states from engaging in prior restraint; in

this case, the Supreme Court also incorpo-

rates the First Amendment freedom of the

press clause to the states

1932 In the Scottsboro case of Powell v. Ala-

bama, the Supreme Court rules that the

state must provide legal counsel to those

accused of capital crimes; it incorporates

this Sixth Amendment right to the states

Supreme Court upholds the power of states

to issue a moratorium on mortgage repay-

ments in Home Building and Loan Asso-

ciation v. Blaisdell

1933 The Twentieth Amendment is adopted,

changing the dates for terms of the president,

vice president, and members of Congress

The Twenty-ﬁ rst Amendment is adopted,

repealing the Eighteenth Amendment

1935 Supreme Court building completed and

the Court moves into it

In Schechter Poultry Co. v. United States,

the Supreme Court declares a trade rule

adopted under the National Industrial

Recovery Act to be an unconstitutional

violation of the commerce clause

1936 In Carter v. Carter Coal, the Supreme

Court invalidates a federal law seeking to

regulate coal production, ruling that it vio-

lates the commerce clause

1937 President Roosevelt issues his “court-pack-

ing plan”

In Palko v. Connecticut, Justice Benjamin

Cardozo develops the doctrine of “selective

incorporation” and fundamental freedoms

In NLRB v. Jones & Laughlin Steel Co.,

the Supreme Court invalidates portions of

the National Labor Relations Act as a vio-

lation of the commerce clause

In DeJonge v. Oregon, the Supreme Court

incorporates the freedom of assembly

clause to apply to the states

In West Coast Hotel v. Parrish, the

Supreme Court upholds a state minimum

wage law for women, overturning Adkins v.

Children’s Hospital

1938 In the famous footnote number four of

United States v. Caroline Products, the

Supreme Court through Harlan Fiske

Stone indicates that it will no longer give

heightened scrutiny to economic legisla-

tion, but instead will afford more protec-

tion to civil rights; this case marks the

beginning of the “New Deal” Court

Hatch Acts adopted, placing restric-

tions on the political activities of federal

employees

1940 In Minersville School District v. Gobitis,

the Supreme Court upholds a compulsory

ﬂ ag-salute law

In Cantwell v. Connecticut, the Supreme

Court incorporates the free-exercise clause

to apply to the states

Franklin Roosevelt elected to a third term

as president of the United States

1941 Harlan Fiske Stone becomes chief justice

United States enters World War II

In United States v. Darby Lumber, the

Supreme Court upholds the Fair Labor

Standards Act of 1938 and, in effect, over-

turns Hammer v. Dagenhart

1942 In Wickard v. Filburn, the Supreme Court

rejects the broad commerce clause power

of Congress to regulate wheat production

for

ersonal use

In Betts v. Brady, the Supreme Court cre-

ates the exclusionary rule that prevents the

use of illegally obtained evidence in fed-

eral court to convict an individual

The Court declares in Skinner v. Okla-

homa that individuals have a fundamental

right to procreate

In Chaplinsky v. New Hampshire, the

Supreme Court declares that fight-

ing words are not protected by the First

Amendment

1943 In West Virginia v. Barnette, the Supreme

Court holds that compulsory ﬂ ag saluting

in school is unconstitutional; this decision

overturns Minersville School District v.

Gobitis

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U.S. Constitution Time Line 851

1944 In Korematsu v. United States, the

Supreme Court upholds the forced and

mass detention of Japanese Americans; in

the same case, the Court also declares that

any policy that categorizes individuals by

race is suspect

1946 Fred M. Vinson becomes chief justice

In Colegrove v. Green, the Supreme Court

says it will not hear reapportionment cases

1947 In Everson v. Board of Education, the

Supreme Court rules that the establish-

ment clause does not bar the use of public

school buses to transport students to paro-

chial schools; in this case, the Court also

incorporates the establishment clause to

apply to the states

1948 In McCullum v. Board of Education, the

Supreme Court rules that the establish-

ment clause bars religious instruction in

public schools

In In re Oliver, the Supreme Court incor-

porates the Sixth Amendment right to a

public trial to apply to the states

1949 The Federal Communications Commission

adopts the Fairness Doctrine

In Wolf v. Colorado, the Supreme Court

incorporates the Fourth Amendment, but

not the exclusionary rule, to apply to the

states

1951 In Dennis v. United States, the Supreme

Court upholds the conviction of 11 mem-

bers of the Communist Party for violating

the Smith Act

The Twenty-second Amendment is

adopted, limiting presidents to serving two

terms

1952 In Youngstown Sheet & Tube Co. v. Sawyer,

the Supreme Court declares that President

Truman’s seizure of the steel mills during

the Korean war was unconstitutional

In Beauharnais v. Illinois, the Supreme

Court rules that the First Amendment

does not protect group libel

In Zorach v. Clauson, the Supreme Court

upholds a release time program to allow

public school students to attend religious

education classes

1953 Earl Warren becomes chief justice

1954 “Separate but equal” doctrine declared

unconstitutional in Brown v. Board of

Education and in Bolling v. Sharpe

1957 Supreme Court seeks to deﬁ ne obscenity

in Roth v. United States

In Watkins v. United States, the Supreme

Court places limits on congressional

investigations

1958 Supreme Court declares it is the ﬁ nal word

on the meaning of the Constitution in Coo-

per v. Aaron

In NAACP v. Alabama, the Supreme

Court declares that states may not violate

the right of freedom of association

1959 In Barenblatt v. United States, the

Supreme Court rules that Congress may

compel witnesses to testify about their past

political associations

1961 In Mapp v. Ohio, the Supreme Court

extends the exclusionary rule to apply to

the states

e Twenty-third Amendment is adopted,

giving the District of Columbia three elec-

toral votes in the selection of the president

1962 In Baker v. Carr, the Supreme Court

reverses its decision in Colgrove v. Green

and rules that reapportionment challenges

can be heard in federal court

In Engel v. Vitale, the Supreme Court

declares that state-sponsored prayer in

public schools is unconstitutional

In Robinson v. California, the Supreme

Court incorporates the Eighth Amend-

ment cruel and unusual punishment clause

to apply to the states

1963 In Gideon v. Wainwright, the Supreme

Court rules that individuals accused of

felonies must receive an attorney if they

cannot afford one

In Ferguson v. Skrupa, the Supreme Court

declares the doctrine of substantive due

process for economic legislation to be dead

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