Amendment XXV (Visual)

Click here to see our Prezi on the "25th Amendment "

Proposed 28th Amendment (Group 5)

The United States citizens have the right to vote for their representatives. However, once the official is elected into office, there is no guarantee that the official will remain faithful to his promises and will always act for the good of the people and the country. Thus, by implementing an amendment that gives people the right to impeach officials, corruption will be less likely to occur. Of course, the impeachment will require valid reasons. Officials in power will have more of an incentive to act in the best interests of the people and the country.

Proposed Amendment

The States and the Citizens of the United States should be allowed to impeach Federal officials from the Executive and Judicial branches. The Legislative branch, State-elected officials, and Locally-elected official are exempt from this law. Such officials include State-elected Governors, Senators, and Representatives & Locally-elected Mayors and Councilmen.

If citizens wish to impeach officials of the Federal government, a petition must be drafted. Only the “Federal-Issued Impeachment Petition” (FIIP) will be accepted. That petition will then be sent to the State government. If the State government approves, the “FIIP” shall be issued to all 50 states. Citizens of all 50 states can sign. A minimum of ⅔ of each state’s population must sign. Likewise, approval must be granted from each state government in order for the state to validly vote “Yes”. Impeachment would function similarly to the Electoral College. (See "Clarifications" below)

If any signatures are found to be invalid, there will be consequences. The petition will be revoked and the impeachment will not occur. Individuals who falsify any information can be subjected up to a $5,000 fine and no more than 1 year in prison.

Clarifications (Steps)

1. At least two-thirds of the state's population must sign the petition in order for its vote to be valid.
2. After the state's vote is validated (See #1), it would count as "a certain number of votes" via the Electoral College (Click here to see how the Votes/State is allocated)
3. A simple majority is required for the impeachment to take place. (Since there are currently 538 electoral votes- only 270 electoral votes is required)
4. (See #3) This may be subject to change under special circumstances.

(Example)

• Two-thirds of PA's population signs the FIIP (Its vote is now validated)
• Since PA's vote is validated, it is counted as 20 Electoral Votes (Yes, for impeachment)

Amendment XXV

Text:  

SECTION 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

SECTION 2.

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.

SECTION 3.

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.

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 Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, 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 written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling 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, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Plain English:

Section 1. If the President is removed from office, dies, or resigns, the Vice President becomes the President.  

Section 2. If the Vice President position is open, the President can nominate someone to be Vice President if both Houses of Congress agree on the nomination by a majority vote.

Section 3. The President can transfer Presidency power over to the Vice President temporarily without leaving his position as President.

Section 4. The President can be removed from from office if the Vice President and a majority of officers of executive departments or bodies of Congress agree that the President cannot carry out duties. The Vice President then can take on power and duties of the President. The President  has the ability to serve by sending a declaration to Congress. The Vice President and Cabinet can hand in another declaration against the President. The Congress would then have to vote and reach a ⅔ majority in order to decide whether or not the President is unfit for the position.   

Story of Passage: The 25th Amendment was passed by Congress on July 6, 1965 and ratified on February 10, 1967. It was written to clarify Article II, which explains presidential succession. When President Kennedy was assassinated in 1963 the nation was shocked. The question, “Who is President?” caused national controversy. After Kennedy’s death, Congress passed the 25th Amendment, which clearly defines succession and addresses what is to be done if the president has a disability. It also includes how a new Vice President would be selected if the Vice Presidential seat is vacant. This clause was used six years later when Gerald Ford took over the Vice President role after Spiro Agnew resigned.

http://constitutionshow.us/amendment_25.htm

Effect on US: The 25th Amendment delineates the steps the nation will need to execute in case there is an issue with the President. It allows for continuous leadership and stability. If the 25th Amendment was never passed, the United States would have been in a debacle in 1973 and 1974, when both the Vice President’s and President’s positions were vacant. Gerald Ford would not have succeeded Nixon during the Watergate scandal and Speaker of the House, Carl Albert, would not have been President upon his resignation.

Effect on “You”: Imagine this nation without the 25th Amendment. Now imagine, hopefully it doesn’t happen, that the President has just died. Who becomes the next Chief Executive? More importantly, who gets to make this decision? Surely, the White House would be completely discombobulated with no law that clearly delineates the President’s successor, in case of such a situation. Although we were hardly affected by the 2013 government shutdown, we would definitely be greatly affected by this circumstance. It may seem reasonable for the Vice President to assume the vacant position. However, this could only lawfully happen if it is clearly stated in the federal constitution. As citizens who support Obama and many of his stances, there is no guarantee that the successor will possess the same views as President Obama. Issues like Obamacare may be re-questioned. This would detrimentally affect people who largely depend on Obamacare for affordable insurance. Without Amendment XXV, a completely different politician who disagrees with all of our beliefs can become president. Likewise, who is to say that the majority of the nation will support the new President? This idea also applies to the Vice President’s position, if the Vice President is incapable of his duties.

Amendment XI

Text: 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.

Plain English: States cannot be sued in federal court by the government, another state, or an individual.

Story of Passage: Amendment XI was passed on March 4, 1794 and was ratified on February 7, 1795. It was passed as a result of the Supreme Court’s decision in Chisholm v. Georgia in 1793. The issue of debate was whether or not citizens of a state had the right to sue another state in federal court. Article 3, section 2 gives permission to do so. For Chisholm v. Georgia, the Supreme Court also agreed and gave permission. However, many states felt that using the federal court system to sue state government undermined federalism and shifted power from state to national government. After the Supreme court made its decision, the Eleventh Amendment was passed by Congress. It repealed federal-court case decisions that involved states that were sued by citizens of another state or foreign nation. Twelve out of fifteen states that existed during the time ratified the amendment within a year.

Effect on US: It is important to maintain an equilibrium between the Federal and State Governments. Amendment XI essentially ensures the preservation of state sovereignty regarding legislating and regulating activities in the states. If the Federal Government and individuals had the freedom to sue the states in federal court, there would be a skew of power. To ensure a strong and cooperative relationship, there needs to be limitations on the suits brought against the state. Amendment XI allows the interests of the two entities to be weighed and considered— which, ultimately creates a balance between the State’s and Federal’s powers.

Effect on “You”: Although the differing perspectives among the states cause a myriad of disputes, the disparities fundamentally helps protect the balance of powers. As citizens of Pennsylvania, we are protected and obligated to adhere to Pennsylvania’s laws. As long as we are within the boundaries of the state, we are exempted from any other states’ constitution. Thus, it would be unreasonable for us to prosecute another state in the federal court. Without Amendment XI, people from other states could potentially initiate federal court actions against Pennsylvania. Reasons may involve, but not limited to, abortion, guns, drugs, alcohol, and the death penalty. These are only a couple of issues that differ among the states and even from federal law. As Pennsylvania citizens, we have the right to pro-choice, bear arms (at the age of 18 with exceptions), and can be sentenced to the death penalty. Allowing the federal court to intervene with state matters would be an encroachment of state rights and imbalance of powers.

Amendment V

Text: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or 
indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Plain English: Every citizen, who is tried as a felony, can only be tried upon the indictment of the Grand Jury. Other rights include protection against self-incrimination and the protection to only be convicted only once of the same crime in federal court. However, this amendment does not apply in situations of public danger, and time of war.

Story of Passage: Amendment V was ratified on September 25, 1789 as part of the Bill of Rights. The purpose of the Bill of Rights, otherwise known as the first ten amendments, was to prevent abuse of government authority by enumerating freedoms that are not explicitly mentioned in the body of the Constitution. The Framers derived the Grand Jury clause from the Magna Carta (1215). While this amendment originally only applied to the federal courts, the Supreme Court has interpreted its provisions as now applicable to the states as well, through the Due Process Clause.

Effect on US: Amendment V essentially ensures that convicted criminals are indicted righteously by the police. The idea of this law is not to give the Government too much power over an individual and to ensure that it respects the individual’s rights even though that person is suspected, accused, or formally charged in relation to commission of a crime. Without this right, the court would not be fair. All persons of the United States have the right to be protected by the law of the land. No individual should be subjected to embarrassment, expense, and ordeal against being tried for an alleged offense more than once. Likewise, it reduces the possibility of someone innocent being found guilty.

Effect on “You”: Although Amendment V is largely pertinent to convicted individuals, it essentially embodies the principle of equality under the law regardless of circumstance. Not all persons who are charged as felonies are guilty. On any given day, we can be accused of crimes that we did not commit. Amendment V essentially ensures that we, if charged with an offense, receive the opportunity to explain what happened and provide evidence too. “12 Angry Men”, although fictional, is a realistic example of how this Amendment affects the average citizen. Whether the convicted boy was guilty or innocent is trivial— were it not for his right to a Jury, he mostly likely would have immediately been sentenced to the death penalty. Many officials initially suspect former convicts, when a new crime is announced. Without amendment V, the police would be able use an individual's past criminal record as a substantive reason to convict the person again, even if there little to no evidence. If a situation arises, we deserve the right to a fair trial and protection against self-incrimination and re-conviction of previous crimes. As Philadelphians, we are affected indirectly by this amendment. In a city with a high crime rate, there is definitely a pattern of higher crime rates in certain parts of the Philadelphia neighborhoods. This amendment protects us from immediately being incriminated and targeted by the government merely because we live in a neighborhood with a high crime rate. Just because we live in a “dangerous” part of the city, does not mean we are criminals.