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90_HC0005 (U.S. Constitution; New Article) Provides for the ratification of the proposed equal rights amendment to the United States Constitution. LRB9003124DPcw LRB9003124DPcw 1 HOUSE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 WHEREAS, The Ninety-second Congress of the United States 4 of America, at its Second Session, in both houses, by a 5 constitutional majority of two-thirds, adopted the following 6 proposition to amend the Constitution of the United States of 7 America: 8 "JOINT RESOLUTION 9 RESOLVED BY THE HOUSE OF REPRESENTATIVES AND SENATE OF 10 THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED 11 (TWO-THIRDS OF EACH HOUSE CONCURRING THEREIN), That the 12 following article is proposed as an amendment to the 13 Constitution of the United States, which shall be valid to 14 all intents and purposes as a part of the Constitution when 15 ratified by the legislatures of three-fourths of the several 16 States within seven years from the date of its submission by 17 the Congress: 18 "ARTICLE ______ 19 Section 1. Equality of rights under law shall not be 20 denied or abridged by the United States or any State on 21 account of sex. 22 Section 2. The Congress shall have the power to enforce 23 by appropriate legislation the provisions of this article. 24 Section 3. This Amendment shall take effect two years 25 after the date of ratification.""; and 26 WHEREAS, A Joint Resolution is a resolution adopted by 27 both houses of the General Assembly and does not require the 28 signature of the Governor; a Joint Resolution is sufficient 29 for Illinois' ratification of an amendment to the United 30 States Constitution; and 31 WHEREAS, The United States Congress has recently adopted 32 the 27th Amendment to the Constitution of the United States, -2- LRB9003124DPcw 1 the so-called Madison Amendment, relating to Compensation of 2 Members of Congress; this amendment was proposed 203 years 3 earlier by our First Congress and only recently ratified by 4 three-fourths of the States; the United States Archivist 5 certified the 27th Amendment on May 18, 1992; and 6 WHEREAS, The founders of our nation, James Madison 7 included, did not favor further restrictions to Article V of 8 the Constitution of the United States, the amending 9 procedure; the United States Constitution is harder to amend 10 than any other constitution in history; and 11 WHEREAS, The restricting time limit for the Equal Rights 12 Amendment ratification is in the resolving clause and is not 13 a part of the amendment proposed by Congress and already 14 ratified by 35 states; and 15 WHEREAS, Having passed a time extension for the Equal 16 Rights Amendment on October 20, 1978, Congress has 17 demonstrated that a time limit in a resolving clause can be 18 disregarded if it is not a part of the proposed amendment; 19 and 20 WHEREAS, The United States Supreme Court in Coleman v. 21 Miller, 307 U.S. 433, at 456 (1939), recognized that Congress 22 is in a unique position to judge the tenor of the nation, to 23 be aware of the political, social, and economic factors 24 affecting the nation, and to be aware of the importance to 25 the nation of the proposed amendment; and 26 WHEREAS, If an amendment to the Constitution of the 27 United States has been proposed by two-thirds of both houses 28 of Congress and ratified by three-fourths of the state 29 legislatures, it is for Congress under the principles of 30 Coleman v. Miller to determine the validity of the state 31 ratifications occurring after a time limit in the resolving 32 clause, but not in the amendment itself; and -3- LRB9003124DPcw 1 WHEREAS, Constitutional equality for women and men 2 continues to be timely in the United States and worldwide, 3 and a number of other nations have achieved constitutional 4 equality for their women and men; therefore, be it 5 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 6 NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 7 SENATE CONCURRING HEREIN, that the proposed amendment to the 8 Constitution of the United States of America set forth in 9 this resolution is ratified; and be it further 10 RESOLVED, That a certified copy of this resolution be 11 forwarded to the Archivist of the United States, the 12 Administrator of General Services of the United States, the 13 President pro tempore of the Senate and the Speaker of the 14 House of Representatives of the Congress of the United 15 States, and each member of the Illinois congressional 16 delegation.
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