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The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
APPENDIX B-SUPREME COURT DECISIONS RELATING TO ARTICLE V
Hollingsworth v. Virginia, 3 U.S. 378 (1798)
The Court held that an amendment to the Constitution need not be presented to the President for his approval.
Hawke v. Smith 253 U.S. 321 (1920)
The Court held that approval within a State of a proposed amendment by a popular referendum did not satisfy the Article V requirement of ratification by the "legislatures". Rather, the term means the deliberative, representative bodies that make the laws for the people of the respective States. The ratification function, as with the function of Congress in proposing such amendments, is a federal function.
National Prohibition Cases, 253 U.S. 350 (1920)
The Court held that an amendment to the Constitution proposed by the Congress must be supported by two-thirds of a quorum in each House, not two-thirds of the total membership. In addition, the Court held that Article V did not impose substantive limitations upon the subject-matter of constitutional amendments apart from those explicitly set forth.
Dillon v. Gloss, 256 U.S. 368 (1921)
The Court held that it is implied under Article V that proposed amendments be ratified within a "reasonable" time after proposal. Congress has the authority to set forth what constitutes such "reasonable" time.
Leser v. Garnett, 258 U.S. 716 (1922)
The function of a State legislature in ratifying a proposed amendment to the Federal Constitution like the function of Congress in proposing the amendment, is a Federal function.
United States v. Sprague, 282 U.S. 716 (1931)
The Court held that no substantive exceptions to the constitutonal amendment power were to be read into Article V by implication.
Coleman v. Miller, 307 U.S. 433 (1939)
The Court in a plurality opinion held that the efficacy of an amendment's ratifiction following a previous rejection by that same State is a "political question" for the determination of the Congress.
INTRODUCED BY TIME PERIOD
10. 1881-1890. 11. 1891-1900. 12. 1901-1910.
13. 1911-1920. 14. 1921-1930.
16. 1941-1950. 17. 1951-1960. 18. 1961-1970.
Number of Amendments
Sources: "Proposed Amendments to the Constitution, 1789 to 1889," Annual Report of the American Historical Association, House Document, No. 353, pt. 2, 54th Congress, 2nd Session, 1897.
Proposed Amendments to the Constitution of the United States, 1889-1926, Senate Documents, No. 93, 69th Congress, 1st Session, 1926.
Proposed Amendments to the Constitution of the United States of America, 1926-1963, Senate Documents, No. 163, 87th Congress, 2nd Session, 1963.
Proposed Amendments to the Constitution of the United States of America, 1963-1969, Senate Documents, No. 91-38, 91st Congress, 1st Session, 1969.
Proposed Amendments to the Constitution of the United States of America, 1969-1984, Congressional Research Service, Library of Congress, Report No. 85-36 GÓV.
APPENDIX D-PROPOSED CONSTITUTIONAL AMENDMENTS NOT RATIFIED
PROPOSED AMENDMENTS TO THE CONSTITUTION NOT RATIFIED BY THE STATES
During the course of our history, in addition to the 26 amendments which have been ratified by the required three-fourths of the States, 6 other amendments have been submitted to the States but have not been ratified by them.
Beginning with the proposed 18th amendment, Congress has customarily included a provision requiring ratification within 7 years from the time of the submission to the States. The Supreme Court in Coleman v. Miller, 307 U.S. 433 (1939), declared that the question of the reasonableness of the time within which a sufficient number of States must act is a political question to be determined by the Congress.
In 1789, 12 proposed articles of amendment were submitted to the States. Of these, articles III-XII were ratified and became the first 10 amendments to the Constitution, popularly known as the Bill of Rights. Proposed articles I and II were not ratified. The following is the text of those articles:
ARTICLE I. After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
ARTICLE II. No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.
Thereafter, in the 2d session of the 11th Congress, the Congress proposed the following article of amendment to the Constitution relating to acceptance by citizens of the United States of titles of nobility from any foreign government.
The proposed amendment was not ratified by three-fourths of the States.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of both Houses concurring), That the following section be submitted to the legislatures of the several states, which, when ratified by the legislatures of three fourths of the states, shall be valid and binding, as a part of the constitution of the United States.
If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.
During the second session of the 36th Congress on March 2, 1861, the following proposed amendment to the Constitution relating to slavery was signed by the President. It is interesting to note in this connection that this is the only proposed amendment to the Constitution ever signed by the President. The President's signature is considered unnecessary because of the constitutional provision that upon the concurrence of two-thirds of both Houses of Congress the proposal shall be submitted to the States and shall be ratified by three-fourths of the States.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes, as part of the said Constitution, viz:
"No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State."
The proposed child-labor amendment, which was submitted to the States during the 1st session of the 68th Congress in June 1924, has been ratified by 28 States, to date. The proposed amendment is as follows:
JOINT RESOLUTION PROPOSING an Amendment TO THE CONSTITUTION OF the United STATES
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which, when ratified by the legislatures of three-fourths of the several States, shall be valid to all intents and purposes as a part of the Constitution:
SECTION 1. The Congress shall have the power to limit, regulate, and prohibit the labor of persons under 18 years of age.
SECTION 2. The power of the several States is unimpaired by this article except that the operation of State laws shall be suspended to the extent necessary to give effect to legislation enacted by the Congress.
The proposed amendment relative to equal rights for men and women, was proposed by the Ninety-second Congress. It passed the House on October 12, 1971 and the Senate on March 22, 1972. As of the date of the publication of this pamphlet, it has not been ratified by three-fourths of the States. The proposed amendment is as follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATIVE TO EQUAL Rights for Men and Women
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:
SECTION 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
SEC. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
SEC. 3. This amendment shall take effect two years after the date of ratification.
On August 22, 1978, the Congress proposed to amend the Constitution to grant representation in Congress for the District of Columbia and to repeal the 23rd amendment by granting the District as many electoral votes as its nopulation entitled it. The proposed amendment expired on August 22, 1985 following the ratification of only 16 states, well short of the three-quarters requirement. The proposed amendment is as follows:
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislature of three-fourths of the several States within seven years from the date of its submission by the Congress: