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Twenty-third Amendment to the United States Constitution
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The Twenty-third Amendment (Amendment XXIII) to the United States Constitution extends the right to vote in the presidential election to citizens residing in the District of Columbia by granting the District electors in the Electoral College, as if it were a state. The amendment was proposed by the 86th Congress on June 16, 1960, and ratified by the states on March 29, 1961.
The Electoral College, established in Article II, Section 1, Clause 2 of the United States Constitution, is the institution that elects the President and Vice President of the United States every four years. The President and Vice President are not elected directly by the voters. Instead, they are elected by "electors" who are chosen by popular vote on a state-by-state basis. As the District of Columbia is not a state, it was not entitled to any electors prior to the adoption of the Twenty-third Amendment. Citizens living in the district were therefore shut out from the presidential–vice presidential election process. The first presidential election in which the District of Columbia participated was the election of 1964. This amendment mentions the Twelfth Amendment to the United States Constitution when it mentions how the district's electors should perform duties provided by said amendment.
According to the terms of the amendment, the district is allocated as many electors as it would have if it were a state, but no more electors than the least populous state (currently Wyoming, which has three electors); thus, the district cannot have more than three electors. At current population levels, even if it were a state, the district's population would entitle it to only three electors.[1] Since the passage of this amendment, the District's electoral votes have been cast for the Democratic Party's presidential and vice presidential candidates in every election.[2]
Contents
[hide]
1 Text
2 Background
3 Proposal and ratification
3.1 Adoption by the Congress
3.2 Ratification by the states
4 Political impact
5 See also
6 Notes
7 References
8 External links
Text[edit]
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.[3]
Background[edit]
The United States Constitution's rules for the composition of the House of Representatives and the Senate explicitly grant seats to states, and no other entities. Similarly, electors to the Electoral College are apportioned to states, not to territories or the federal district. The main reference to the federal district is in Article I, Section 8 of the Constitution which gives Congress the power "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."[4] In the early existence of the District, it was too small and rural to merit a hypothetical seat in the House of Representatives anyway, with fewer than 30,000 inhabitants.[5]
In 1890, a bill was introduced in Congress to grant Washington, D.C. voting rights in presidential elections, but it did not proceed forward.[6] Theodore W. Noyes, a writer of the Washington Evening Star, published a number of stories in support of D.C. voting rights. Noyes also helped found the Citizens' Joint Committee on National Representation for the District of Columbia, a citizen's group which lobbied Congress to pass an amendment expanding D.C. voting rights. Noyes died in 1946, but the Citizens' Joint Committee continued onward, and the issue of District voting rights began to be seen as similar to the civil rights movement.[6] A split developed between advocates for greater power for the District after World War II. The Evening Star, continuing in the Noyes mold, supported D.C. representation in Congress and the electoral college, but opposed "home rule" (locally elected mayors and councils with actual power, rather than direct rule by Congress). The Washington Post, however, supported "home rule" and civil rights, but opposed full-fledged representation for the District.[6] Additionally, while many of the people leading the push were liberal Democrats, the District of Columbia in the 1950s was fairly balanced in its potential voting impact; Democrats had only a slight edge over Republicans, although District Republicans in the 1950s were liberal by national standards.[6] Thus, an amendment to grant the District increased voting powers was able to gain bipartisan support in a way that would have been more difficult later. Only 28% of the District was African-American according to the 1940 census, and the black population was young compared to other residents, making the voting electorate even smaller due to the voting age of 21. This grew to 54% in the 1960 census, but according to political scientist Clement E. Vose, "various factors—inexperience in voting, educational handicaps, residency requirements, welfare laws, and social ostracism before the Voting Rights Act of 1965—minimized black registration and voting".[7]
Proposal and ratification[edit]
The Twenty-third Amendment in the National Archives
Adoption by the Congress[edit]
Senate Joint Resolution–39, which would eventually become the Twenty-third Amendment, was introduced in 1959 by Tennessee Democratic Senator Estes Kefauver. His proposal would provide for the emergency functioning of Congress and continuity of the legislative process by authorizing governors to fill vacancies in the House of Representatives “on any date that the total number of vacancies ... exceeds half of the authorized membership.” The governor’s appointive authority would have been limited to 60 days, and the appointee would have served until a successor was elected in a special election. The bill was amended twice on the Senate floor. One added provision, proposed by New York Republican Kenneth Keating, would grant the District of Columbia electoral votes in national elections and non-voting delegate(s) to the House. The other, offered by Florida Democrat Spessard Holland, would eliminate the poll tax or other property qualification as a prerequisite for voting in federal elections. The Senate passed SJR–39 in this three-amendment form on February 2, 1960, by a vote of 70–18, and sent it forward to the House.
The House Judiciary Committee, after setting aside the anti-poll tax and House emergency appointment provisions of SJR–39, sent its own proposal, House Joint Resolution–757, devoted solely to presidential electors for the District of Columbia, to the House floor for consideration. This was adopted in the House without amendment, by voice vote, on June 14, 1960. Then, by unanimous consent, the text of HJR–757 was inserted into SJR–39, the original language of which was removed. The Senate adopted the revised resolution by voice vote on June 16, 1960.[8][9][10]
Ratification by the states[edit]
Ratified amendment, 1960–61
Ratified amendment after its certification
Rejected amendment
No action taken on amendment
To become valid as part of the Constitution, the Twenty-third Amendment needed to be ratified by the legislatures of three-quarters of the states (38, following admission of Alaska and Hawaii to the union in 1959) within seven years from its submission to the states by Congress (June 16, 1967). President Eisenhower, along with both major party candidates in the 1960 presidential election, Vice-President Richard Nixon and Senator John F. Kennedy, endorsed the proposal. Amendment supporters ran an effective ratification campaign, mobilizing persons in almost every state to press for its approval.[7]
The following states ratified the amendment:[11]
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
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
Ratification was completed on March 29, 1961, 9 months and 12 days after being proposed by Congress. The amendment was subsequently ratified by the following states:
39. New Hampshire – March 30, 1961 (Date in official notice; preceded by ratification on March 29, 1961, as the 37th state to ratify, which was annulled and then repeated later that same day.)
40. Alabama – April 11, 2002
On April 3, 1961, John L. Moore, Administrator of General Services, certified that the amendment had been adopted by the requisite number of States and had become a part of the Constitution.
The amendment was rejected by Arkansas on January 24, 1961.[12] Nine states took no action on the amendment: Florida, Kentucky, Mississippi, Georgia, South Carolina, Louisiana, Texas, North Carolina, and Virginia.
Political impact[edit]
See also: District of Columbia Voting Rights Amendment and District of Columbia home rule
While perceived as politically neutral and only somewhat liberal-leaning at the time of passage in 1961, the District swung dramatically toward the Democratic Party in the years after passage. African-Americans voted in greater numbers than they had in the 1940s and 1950s with the clearing away of restrictions on the vote, and their share of the District electorate increased - according to the 1970 census, 71% of the Federal District was black, a dramatic jump.[7] Accordingly, the District has sent its 3 electoral votes to the Democratic candidate in every single presidential election since 1964, including the 1984 landslide re-election of President Reagan, where only the District of Columbia and Minnesota voted for Democratic candidate Walter Mondale. The District's electoral votes have yet to prove decisive in a presidential election. The smallest Electoral College majority won by a Democratic president since the Twenty-third Amendment's ratification was the 56 vote majority achieved by Jimmy Carter in 1976.
Unaddressed by the Twenty-third Amendment were the parallel issues of congressional representation and "home rule" for the district. On December 24, 1973, Congress approved the District of Columbia Home Rule Act, which established an elected office of mayor and a 13-member elected council for the district.[13] These officials were empowered to pass laws and enact administrative policies for the District, though Congress retained veto power, if they chose to intervene. On March 23, 1971, President Nixon signed the District of Columbia Delegate Act which authorized voters in the District to elect one non-voting delegate to represent them in the House of Representatives.[14] On August 22, 1978, Congress submitted the District of Columbia Voting Rights Amendment to the states for ratification.[15][16] This sweeping proposal would have granted the District of Columbia full representation in the United States Congress as if it were a state, repealed the Twenty-third Amendment and granted the District full representation in the Electoral College plus participation in the process by which the Constitution is amended as if it were a state.[17] The amendment failed to become part of the Constitution, however, as it was not ratified by the required number of states (38) prior to its August 22, 1985 ratification deadline.[17] The campaign for the proposed amendment ran into much fiercer conservative opposition due to the open and obvious fact that by 1978 the proposed amendment would have practically guaranteed two Democratic Senators for some time; the amendment was criticized on various other grounds as well, and was not ratified even from several more "liberal" states.[18]
See also[edit]
District of Columbia statehood movement
District of Columbia voting rights
District of Columbia retrocession
Political party strength in Washington, D.C.
Notes[edit]
Jump up ^ Table 1. Annual Estimates of the Population for the United States, Regions, States, and Puerto Rico: April 1, 2010 to July 1, 2011 in State Totals: Vintage 2011, United States Census Bureau.
Jump up ^ Barring a faithless elector in the 2000 election who refused to cast a vote.
Jump up ^ United States Government Printing Office. "PRESIDENTIAL ELECTORS FOR D. C. TWENTY-THIRD AMENDMENT" (PDF). gpo.gov.
Jump up ^ "U.S. Senate: Constitution of the United States". senate.gov. 2 June 2015. Retrieved 29 October 2015.
Jump up ^ Vose, p. 112.
^ Jump up to: a b c d Vose, p. 114–115.
^ Jump up to: a b c Vose, p. 116.
Jump up ^ Sula P. Richardson (August 12, 2003). "House Vacancies: Proposed Constitutional Amendments for Filling Them Due to National Emergencies". CRS Report for Congress, RL32031. Washington, DC: Library of Congress, Congressional Research Service. Retrieved April 15, 2014.
Jump up ^ Breneman, Lory (2000). Tamara Tamara, ed. Senate Manual Containing the Standing Rules, Orders, Laws and Resolutions Affecting the Business of the United States Senate (Senate Document 106-1 ed.). Washington, D.C.: U.S. Government Printing Office. p. 959. Retrieved April 16, 2014.
Jump up ^ Vile, John R. (2003). Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2002 (Second ed.). Santa Barbara, California: ABC-CLIO, Inc.,. p. 480. ISBN 1851094334. Retrieved April 14, 2014.
Jump up ^ "THE CONSTITUTION of the UNITED STATES OF AMERICA: ANALYSIS AND INTERPRETATION, Centennial Edition, INTERIM EDITION: ANALYSIS OF CASES DECIDED BY THE SUPREME COURT OF THE UNITED STATES TO JUNE 26, 2013" (PDF). Washington, DC: U.S. Government Printing Office. 2013. p. 42. Retrieved April 13, 2014.
Jump up ^ Mintz, Morton (January 25, 1961). "Arkansas Is First To Reject District Voting Amendment". The Washington Post. p. B1.
Jump up ^ "District of Columbia Home Rule Act". Government of the District of Columbia. February 1999. Retrieved May 27, 2008.
Jump up ^ "84 Stat. 845 - An Act to establish a Commission on the Organization of the Government of the District of Columbia and to provide for a Delegate to the House of Representatives from the District of Columbia". gpo.gov. Retrieved 29 October 2015.
Jump up ^ 124 Congressional Record 5272–5273
Jump up ^ 124 Congressional Record 27260
^ Jump up to: a b "The Failed Amendments". usconstitution.net. Retrieved 29 October 2015.
Jump up ^ Vose, p. 120–125.
References[edit]
Constitution of the United States.
Kilman, Johnny and George Costello (Eds). (2000). The Constitution of the United States of America: Analysis and Interpretation.
Vose, Clement (1978). "When District of Columbia Representation Collides with the Constitutional Amendment Institution". Publius. Oxford University Press. 9 (1): 105–125. doi:10.2307/3329772. JSTOR 3329772.
External links[edit]
CRS Annotated Constitution: 23rd Amendment
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Catherine Tramell
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Catherine Tramell
Basic Instinct character
Sharon Stone as Catherine Tramell in Basic Instinct
First appearance
Basic Instinct
Last appearance
Basic Instinct 2
Portrayed by
Sharon Stone
Information
Occupation
Novelist
Femme fatale
Significant other(s)
Nick Curran (Basic Instinct)
Michael Glass (Basic Instinct 2)
M.O.
Seducing and manipulating her victims
Stabbing murders with an ice pick
Catherine Tramell is a fictional character and main antagonist in the film Basic Instinct (1992) and its sequel, Basic Instinct 2 (2006). Catherine, created by writer Joe Eszterhas, is played by Sharon Stone in both films. In Basic Instinct, Tramell is a serial killer and love interest of washed-up detective Nick Curran; Basic Instinct 2 pairs her with the similarly troubled British psychologist Michael Glass.
One European critic defined Catherine Tramell as "a mix between the classic femme fatale and the new psycho killers, one of the most evil characters ever created, on Hannibal Lecter's level". She was nominated to be a member of the American Film Institute's "Best Villains" list. She was also included as one of the best 250 fiction villains ever created. In June 2010, Entertainment Weekly named her one of the 100 Greatest Characters of the Last 20 Years.[1]
Contents
[hide]
1 Appearances
1.1 Basic Instinct
1.2 Basic Instinct 2
2 Tramell's victims in Basic Instinct
3 References
4 External links
Appearances[edit]
Basic Instinct[edit]
Basic Instinct establishes Tramell as a successful crime novelist who is connected to the violent stabbing death of a washed up rock musician, Johnny Boz who was found in his bed tied to the bed posts with a white silk scarf. She is subsequently investigated by San Francisco homicide detectives Nick Curran (Michael Douglas) and Gus Moran (George Dzundza), who learn that Boz died in exactly the same manner as a character in Tramell's most recent novel. Tramell shows little emotion upon hearing of Boz's death and, under questioning by the police, behaves provocatively; in the film's most famous scene, Tramell re-crosses her legs to show that she is not wearing underwear beneath her short skirt.
Curran looks into Tramell's troubled history and links her to the deaths of her parents, her counselor at UC Berkeley, and her former fiancé; she also has a habit of befriending imprisoned murderers. However, when he confronts Tramell, she taunts him with knowledge of his drug addiction. Thinking that Tramell received the confidential information from an adversarial Internal Affairs investigator, Marty Nilsen, a violent Curran gets himself suspended and falls into a drunken stupor. After Nilsen is found dead, he becomes the prime suspect. Curran, increasingly seduced by Tramell, becomes sexually involved with her; she tells him that he will be the basis of the character in her next novel.
A torrid affair between Nick and Catherine begins with the air of a cat-and-mouse game. Nick shows up at a club and witness her sniffing coke in a bathroom stall. Later, they have sex at Catherine's apartment. During sex, Catherine ties Nick up with a white silk scarf as Nick watches her in terror and she rides him just like she did Johny Boz but does not kill him.
Tramell's lesbian lover, Roxy, unsuccessfully attempts to kill Curran and dies in a car crash. Tramell's apparent grief over Roxy's death leads Curran to doubt her guilt. Curran then learns that as a college student, Tramell had a lesbian encounter with Beth Garner, a police psychologist he previously had an affair with. Upon finding the manuscript to Tramell's latest novel, Curran realizes that Moran is in danger; he is too late to stop Moran's apparent murder by Garner, whom he shoots when he thinks she is retrieving a weapon. Evidence collected in Beth's apartment points to her as the killer of Boz, Nilsen, Moran, and her own husband. She is ultimately branded as the killer.
Curran is left confused and dejected, knowing from the manuscript that Tramell was involved in Moran's murder and somehow set up Garner. When he tries to confront her, the two end up making love. During a session of pillow talk, Tramell reaches for something under the bed before abruptly resuming sex. The camera pans below the bed to show Tramell's weapon of choice—an ice pick—showing that she wants to kill Curran.
Basic Instinct 2[edit]
Fifteen years after the events of the first movie, Tramell speeds through London in a sports car with Kevin Franks, an English football player. After taking Franks' hand to masturbate herself and reach climax, Tramell crashes the car into the Thames river and ultimately leaves Franks to drown. When Scotland Yard finds evidence of her culpability in the death, Tramell is made to take therapy sessions with a court-appointed psychologist, Dr. Michael Glass (David Morrissey). At her trial, Glass testifies that Tramell is a narcissist who suffers from a pathological "risk addiction", showing no regard for right or wrong. However, Glass' testimony is deemed insufficient, and Tramell goes free.
Tramell begins playing mind games with Glass, who finds himself becoming both frustrated and increasingly intrigued by her. Eventually, he succumbs to temptation and begins an illicit affair with Tramell. However, following the murder of his ex-wife's partner—a journalist planning to write a negative story about Glass—he suspects that she is trying to frame him for the killing. As more people close to Glass turn up dead, his obsession with Tramell grows to the point where it threatens his career and livelihood. Eventually, Glass himself can no longer tell right from wrong as the police suspect him of involvement in the crimes.
During Glass' confrontation with Tramell, she reveals that her latest novel is based on the present situation, featuring characters based on herself, Glass, and the victims. Tramell suggests that her next victim is Glass' colleague, Dr. Gardosh (Charlotte Rampling). However, this turns out to be a ruse tricking Glass into having a violent confrontation with Gardosh and subsequently shooting Detective Spt. Roy Washburn (David Thewlis), the officer investigating the murders. Glass is subsequently committed to a mental hospital, where Tramell claims that she manipulated him into committing the crimes. A stymied Glass is left to silently rage at his predicament.
Tramell's victims in Basic Instinct[edit]
Prior to and during Basic Instinct, the following people met a violent death, almost all of them killed by Catherine:
Name
Identity
Method
Supposed Motive
Deaths prior to Basic Instinct
Marvin and Elaine Tramell Catherine's parents Boat explosion To see if she could get away with it, inheritance
Noah Goldstein Catherine's college counselor Stabbed with an ice pick Unknown
Manny Vásquez Catherine's fiance Killed in the ring during a (possibly rigged) boxing match N/A
Joseph Garner Elizabeth Garner's husband Shot during a drive-by shooting To get back at Elizabeth
Deaths during Basic Instinct
Johnny Boz Catherine's boyfriend Stabbed with an ice pick during sexual intercourse To copy her novel and give herself an alibi
Roxy Catherine's lesbian lover Car accident while being pursued by Nick N/A
Officer Martin Nilsen SFPD Internal Affairs officer Shot in the head To put Nick in the same situation as her
Gus Moran Nick's partner Stabbed with an ice pick in an elevator Copying her newest book
Elizabeth Garner Her and Nick's former lover Shot by Nick N/A
A potential victim of hers is Nick Curran, who is almost stabbed during the film's final scenes. The ending is ambiguous: either Catherine retires from her criminal career for good or only postpones killing Nick. Incidentally, Nick Curran has disappeared by the second movie. During an interview in Spain, Sharon Stone commented that "poor Nick is dead," implying with a swift stabbing motion that an ice pick was indeed used.
References[edit]
Jump up ^ Vary, Adam B. (June 1, 2010). "The 100 Greatest Characters of the Last 20 Years: Here's our full list!". Entertainment Weekly. Time Inc. Retrieved July 7, 2012.
External links[edit]
Catherine Tramell on IMDb
Retrieved from "https://en.wikipedia.org/w/index.php?title=Catherine_Tramell&oldid=807028647"
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