Progressive Era: The Amendment That Wasn't

The Progressive Era, lasting from the 1890s to the 1920s, was a period of significant political, economic, and social reform in the United States. During this time, Progressives advanced and ratified four constitutional amendments, including the 16th Amendment, which introduced a direct income tax, and the 19th Amendment, which guaranteed women the right to vote. While these amendments reflected progressive ideals, this text will explore which constitutional amendment of this era least embodied the spirit of Progressivism and its objectives.

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Women's suffrage

The Nineteenth Amendment, also known as the 19th Amendment, was passed by Congress on June 4, 1919 and ratified on August 18, 1920. The amendment guaranteed women the constitutional right to vote, stating that "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."

The fight for women's suffrage was a long and complex struggle, with diverse activists working for decades to achieve full voting rights for women. The efforts of women like Susan B. Anthony, Ida B. Wells, Alice Paul, and Carrie Chapman Catt were instrumental in advancing the cause. Alice Paul, in particular, played a significant role in bringing attention to the movement. In 1917, she led activists in a picketing campaign outside the White House, demanding attention from the President and the press. The activists endured abuse and harsh treatment, but their efforts, along with the work of the National American Woman Suffrage Association (NAWSA), helped build widespread support for women's suffrage.

The entry of the United States into World War I in 1917 also provided a new avenue for suffragists to argue their case. The NAWSA encouraged its supporters to join the war effort, emphasizing the contributions of women as patriots, caregivers, and mothers. They asserted that women's expertise in maintaining the home and family would positively impact politics and society. This alignment with the war effort, combined with the growing public support for suffrage, influenced President Woodrow Wilson to shift his stance on the issue.

Initially, Wilson had refused to endorse women's suffrage. However, on September 30, 1918, he addressed the Senate in support of votes for women, connecting the mission of World War I to "make the world safe for democracy" with the need to fulfill that promise at home. This shift in Wilson's position was a significant turning point, and his influence as President likely contributed to the eventual passage of the 19th Amendment.

The ratification of the 19th Amendment was a landmark moment in the history of women's rights in the United States. It represented the culmination of generations of activism and advocacy, and it fundamentally changed the political landscape by granting all American women the right to participate in the democratic process.

Income tax

The Sixteenth Amendment to the US Constitution, ratified on February 3, 1913, granted Congress the authority to levy and collect income taxes without the need for apportionment among the states or consideration of population. This amendment was proposed by Senator Norris Brown of Nebraska and introduced by Senator Nelson W. Aldrich of Rhode Island, the Senate Majority Leader, as part of the debate over the 1909 Payne-Aldrich Tariff Act.

The income tax amendment was championed by Progressives, who sought to shift the tax burden from consumption taxes that disproportionately impacted ordinary people to a federal income tax that would target the enormous new fortunes of the era. The amendment was also supported by insurgent Republicans like former President Theodore Roosevelt, who believed it would help finance the nation's growing political and military power.

The ratification of the Sixteenth Amendment reversed an 1895 Supreme Court decision in Pollock, which had effectively blocked a nationwide income tax by classifying it as a "direct" tax, requiring apportionment based on population. The amendment's passage reflected a progressive reform movement that sought to make the tax system more equitable, with higher-income individuals contributing a larger share.

While the Sixteenth Amendment is often cited as the source of Congress's power to tax incomes, it's important to note that Congress had the authority to tax incomes since 1789. The amendment primarily removed the requirement for income taxes to be apportioned among the states according to their populations.

Direct election of senators

The Progressive Era, lasting from the 1890s to 1920, was a period of significant social, political, and economic reform in the United States. Progressives sought to address pressing issues arising from industrialization, urbanization, political corruption, and immigration. During this time, they advanced and ratified four constitutional amendments, one of which was the direct election of senators, achieved through the Seventeenth Amendment.

Before the Seventeenth Amendment, senators were appointed by state legislatures, as outlined in Article I, Section 3, Clauses 1 and 2 of the Constitution. This system, however, had drawbacks, including bribery of state legislators and party deadlocks that left Senate seats vacant. The call for direct election of senators was first proposed in 1826 by Representative Henry Randolf Storrs of New York, who suggested a constitutional amendment to allow qualified voters in each state to directly elect their senators. While this initial resolution was not acted upon, it sparked a long-standing discussion, with hundreds of similar resolutions introduced over the following decades.

The Seventeenth Amendment, proposed by the 62nd Congress in 1912 and ratified in 1913, superseded the previous method of selecting senators. It established that senators would be directly elected by the people of each state, rather than appointed by state legislatures. This amendment also altered the procedure for filling Senate vacancies. In the case of a vacancy, state legislatures could empower their governors to make temporary appointments until a special election could be held to fill the position through popular election.

The direct election of senators was a significant achievement of the Progressive Era. It reflected the Progressives' goal of democratizing all branches of government and establishing more direct democratic control. By allowing Americans to directly elect their senators, the amendment helped reduce corruption and limit the influence of political machines. It gave citizens a more direct say in who represented them in the Senate and made senators more accountable to their constituents.

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Prohibition

The Eighteenth Amendment to the United States Constitution established the prohibition of alcohol in the United States. Proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919, the Eighteenth Amendment prohibited the manufacture, sale, or transportation of intoxicating liquors within, into, or out of the United States. The amendment was the result of decades of efforts by the temperance movement, which argued that banning alcohol would improve poverty and other societal issues.

The Progressive Era, lasting from the 1890s to the 1920s, was a period of significant social and political reform in the United States. Progressives managed to advance and ratify four constitutional amendments between 1913 and 1920, including the Sixteenth Amendment (which granted Congress the power to levy an income tax) and the Nineteenth Amendment (which guaranteed women the right to vote). During this time, Progressives also made repeated attempts to change aspects of the judicial branch of government, although these efforts were ultimately unsuccessful.

As for prohibition, it was a major issue for Progressives, with multiple amendment proposals attempting to constitutionalize it. By the late 1800s, support for prohibition was strong among Progressives who favoured social reform and greater nationwide morality. Groups such as the Woman's Christian Temperance Union and the Anti-Saloon League, backed by many women and Protestants, played a significant role in the movement to ban the sale and manufacture of alcohol.

However, the Eighteenth Amendment was largely ineffective in achieving its intended goals. While it prohibited the production, transport, and sale of intoxicating liquors, it did not explicitly outlaw the consumption of alcohol. As a result, the amendment was unable to prevent the mass distribution of alcoholic beverages and inadvertently contributed to a rise in organized crime. Due to these issues, the amendment was eventually repealed by the Twenty-First Amendment on December 5, 1933, marking the only time in American history that a constitutional amendment has been repealed.

Judicial powers

The Progressive Era, lasting from the 1890s or 1900 to 1920, was a period of significant social, political, and economic reform in the United States. Progressives sought to address pressing issues arising from industrialization, urbanization, political corruption, and immigration. They also aimed to democratize all branches of government, including the judiciary.

During this time, Progressives made repeated but ultimately unsuccessful attempts to curb the powers of the judiciary through constitutional amendments. They challenged the traditional view that judges' decisions were final and could produce a "judicial veto". Notable Progressives, such as Theodore Roosevelt, criticized the unique function of American judges in being able to declare whether the people had the right to make laws for themselves on matters they deemed vital.

Article III, Section I of the Constitution, also known as the Judicial Power clause, establishes the federal judiciary and outlines its powers. It states:

> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

This clause grants Congress the authority to establish and organize the Supreme Court and inferior courts. The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing the lower federal court system.

The Supreme Court has original jurisdiction in certain cases, such as issuing writs of mandamus to compel government officials to act in accordance with the law. It also has appellate jurisdiction, allowing it to hear cases on appeal involving constitutional, federal, or admiralty law. The Certiorari Act of 1925 granted the Court discretion in deciding whether to hear these appeals.

The Supreme Court's most well-known power is judicial review, or the ability to declare a legislative or executive act in violation of the Constitution. This power is not explicitly stated in the text of the Constitution but has been established through Court decisions. The Court has struck down state laws found to be in violation of the Constitution and asserted the supremacy of the Constitution over Acts of Congress.

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