Full Text of SJR0026 101st General Assembly
SJ0026eng 101ST GENERAL ASSEMBLY |
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| 1 | | SENATE JOINT RESOLUTION NO. 26 | 2 | | (As Amended by Senate Amendment Nos. 1 & 2)
| 3 | | WHEREAS, On February 27, 1861, in an attempt to avert the | 4 | | secession of Southern states, United States Representative | 5 | | Thomas Corwin of Ohio proposed an amendment to the United | 6 | | States Constitution that would prohibit the United States | 7 | | Constitution from being amended in a manner that authorizes | 8 | | Congress to abolish or interfere with the states' domestic | 9 | | institutions, including slavery; and
| 10 | | WHEREAS, On March 2, 1861, the Corwin Amendment was | 11 | | approved by a joint resolution of the Thirty-Sixth United | 12 | | States Congress (12 Stat. 251) and was submitted to the states | 13 | | under Article V of the United States Constitution for | 14 | | ratification with no deadline given for completion of its | 15 | | ratification; and
| 16 | | WHEREAS, The Twenty-Third General Assembly of the State of | 17 | | Illinois ratified the Corwin Amendment in "An Act ratifying a | 18 | | certain amendment to the Constitution of the United States", in | 19 | | force June 2, 1863 (Public Laws 1863, p. 41); and
| 20 | | WHEREAS, The Corwin Amendment has not yet been ratified by | 21 | | three-fourths of the states and, therefore, is not part of the | 22 | | United States Constitution at this time; and
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| 1 | | WHEREAS, It is still possible that a sufficient number of | 2 | | states could belatedly ratify the Corwin Amendment thereby | 3 | | adding it to the United States Constitution, as occurred with | 4 | | the 27th Amendment to the United States Constitution, which was | 5 | | first proposed in 1789 and was not ratified by a sufficient | 6 | | number of states until 1992; and
| 7 | | WHEREAS, With the end of the Civil War and the ratification | 8 | | of the actual 13th Amendment to the United States Constitution | 9 | | in 1865, the purposes of the Corwin Amendment have become moot; | 10 | | therefore, be it
| 11 | | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL | 12 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 13 | | CONCURRING HEREIN, that the State of Illinois rescinds its 1863 | 14 | | ratification of the following proposition, known as the Corwin | 15 | | Amendment to the United States Constitution:
| 16 | | "ARTICLE XIII. | 17 | | No amendment shall be made to the Constitution which will | 18 | | authorize or give to Congress the power to abolish or | 19 | | interfere, within any State, with the domestic institutions | 20 | | thereof, including that of persons held to labor or service by | 21 | | the laws of said State."; and be it further |
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| 1 | | RESOLVED, That certified copies of this resolution be | 2 | | forwarded to the Archivist of the United States, the President | 3 | | of the United States, the President and Secretary of the United | 4 | | States Senate, the Speaker and Clerk of the United States House | 5 | | of Representatives, and each member of the Illinois | 6 | | congressional delegation with the request that it be printed | 7 | | verbatim in the Congressional Record.
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