Twenty-third Amendment to the United States Constitution
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Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961.
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[edit] Text
“ | 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 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. Section 2. The Congress shall have power to enforce this article by appropriate legislation. |
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[edit] District of Columbia voting rights
The District of Columbia was originally envisioned as a center of government, not of population.[citation needed] Nevertheless, in 1960, the District had a greater population than thirteen of the fifty states. The District, however, did not have the power to select members of the Electoral College in Presidential elections; the problem was addressed by the amendment. The District of Columbia may now choose, in such a manner as Congress directs, as many Electors as could a state of its population, as each state chooses as many Electors as it has Senators and Representatives in Congress. The District, however, may not in any event choose more Electors than the least populous state. Since Wyoming, the least populous state (with a population of under 500,000 according to the 2000 Census) chooses only three Electors, the District of Columbia is currently limited to a maximum of three Electors. While this limit cost the District one electoral vote in Presidential Elections from 1964 through 1980, when the District's population would have otherwise entitled it to four Electors, the population of the District as of the 1980 United States Census and each United States Census since then would have entitled it to the three electoral votes when it was reapportioned.
The amendment does not make the District of Columbia a state and does not grant it representation in the United States Congress. In 1978, Congress proposed an amendment that would have permitted the District of Columbia to choose Electors, Representatives and Senators just like a state. However, that amendment expired by its own terms in 1985, having failed to be ratified by the required three-quarters majority of the states.
[edit] Proposal and ratification
Congress proposed the Twenty-third Amendment on June 17, 1960.[1] The following states ratified the amendment:
- Hawaii (June 23, 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)
- South Dakota (February 6, 1961)
- Colorado (February 8, 1961)
- Washington (February 9, 1961)
- West Virginia (February 9, 1961)
- Alaska (February 10, 1961)
- Wyoming (February 13, 1961)
- 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)
Ratification was completed on March 29, 1961. The amendment was subsequently ratified by the following states:
- New Hampshire (March 30, 1961, rescinded later that same day on March 30, 1961)
- Alabama (April 16, 2002)
The amendment was rejected by the following state:
- Arkansas (January 24, 1961)
[edit] Notes
- ^ Mount, Steve (Jan 2007). Ratification of Constitutional Amendments. Retrieved on Feb 24, 2007.
[edit] References
- Constitution of the United States.
- Kilman, Johnny and George Costello (Eds). (2000). The Constitution of the United States of America: Analysis and Interpretation.