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Full Text of SJRCA0004  100th General Assembly

SC0004 100TH GENERAL ASSEMBLY

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0004

 

Introduced 2/6/2017, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 

    Provides for the ratification of the proposed equal rights amendment to the United States Constitution.


LRB100 08663 HEP 18798 e

 

SC0004LRB100 08663 HEP 18798 e

1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    WHEREAS, The Ninety-second Congress of the United States of
4America, at its Second Session, in both houses, by a
5constitutional majority of two-thirds, adopted the following
6proposition to amend the Constitution of the United States of
7America:
 
8
"JOINT RESOLUTION
9    RESOLVED BY THE HOUSE OF REPRESENTATIVES AND SENATE OF THE
10UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED (TWO-THIRDS OF
11EACH HOUSE CONCURRING THEREIN), That the following article is
12proposed as an amendment to the Constitution of the United
13States, which shall be valid to all intents and purposes as a
14part of the Constitution when ratified by the legislatures of
15three-fourths of the several States within seven years from the
16date of its submission by the Congress:
 
17
"ARTICLE ______
18    Section 1. Equality of rights under law shall not be denied
19or abridged by the United States or any State on account of
20sex.
21    Section 2. The Congress shall have the power to enforce by
22appropriate legislation the provisions of this article.
23    Section 3. This Amendment shall take effect two years after
24the date of ratification.""; and
 

 

 

SC0004- 2 -LRB100 08663 HEP 18798 e

1    WHEREAS, A Joint Resolution is a resolution adopted by both
2houses of the General Assembly and does not require the
3signature of the Governor; a Joint Resolution is sufficient for
4Illinois' ratification of an amendment to the United States
5Constitution; and
 
6    WHEREAS, The United States Congress has recently adopted
7the 27th Amendment to the Constitution of the United States,
8the so-called Madison Amendment, relating to Compensation of
9Members of Congress; this amendment was proposed 203 years
10earlier by our First Congress and only recently ratified by
11three-fourths of the States; the United States Archivist
12certified the 27th Amendment on May 18, 1992; and
 
13    WHEREAS, The founders of our nation, James Madison
14included, did not favor further restrictions to Article V of
15the Constitution of the United States, the amending procedure;
16the United States Constitution is harder to amend than any
17other constitution in history; and
 
18    WHEREAS, The restricting time limit for the Equal Rights
19Amendment ratification is in the resolving clause and is not a
20part of the amendment proposed by Congress and already ratified
21by 35 states; and
 

 

 

SC0004- 3 -LRB100 08663 HEP 18798 e

1    WHEREAS, Having passed a time extension for the Equal
2Rights Amendment on October 20, 1978, Congress has demonstrated
3that a time limit in a resolving clause can be disregarded if
4it is not a part of the proposed amendment; and
 
5    WHEREAS, The United States Supreme Court in Coleman v.
6Miller, 307 U.S. 433, at 456 (1939), recognized that Congress
7is in a unique position to judge the tenor of the nation, to be
8aware of the political, social, and economic factors affecting
9the nation, and to be aware of the importance to the nation of
10the proposed amendment; and
 
11    WHEREAS, If an amendment to the Constitution of the United
12States has been proposed by two-thirds of both houses of
13Congress and ratified by three-fourths of the state
14legislatures, it is for Congress under the principles of
15Coleman v. Miller to determine the validity of the state
16ratifications occurring after a time limit in the resolving
17clause, but not in the amendment itself; and
 
18    WHEREAS, Constitutional equality for women and men
19continues to be timely in the United States and worldwide, and
20a number of other nations have achieved constitutional equality
21for their women and men; therefore, be it
 
22    RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL

 

 

SC0004- 4 -LRB100 08663 HEP 18798 e

1ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
2CONCURRING HEREIN, that the proposed amendment to the
3Constitution of the United States of America set forth in this
4resolution is ratified; and be it further
 
5    RESOLVED, That a certified copy of this resolution be
6forwarded to the Archivist of the United States, the
7Administrator of General Services of the United States, the
8President pro tempore of the Senate and the Speaker of the
9House of Representatives of the Congress of the United States,
10and each member of the Illinois congressional delegation.