Constitutional Amendment - Provides that if the legislatures of three-fourths of the several States, in a seven-year period, adopt and submit to the Clerk of the Supreme Court an identical amendment to the Constitution related to but one subject, that amendment shall be valid as a part of the Constitution, without any action being required by the Congress. Provides that: (1) each State shall retain the power to rescind its amendment until the earlier of expiration of the seven-year period or the date of receipt of the identical amendment from three-fourths of the several States; and (2) no State shall be deprived of its equal suffrage in the Senate without its consent.
Requires the Supreme Court to rule whether the amendment is related to one subject only within 60 days after receiving the amendment from ten States. Provides that if the Court fails to rule on the issue within such period, the amendment shall be conclusively presumed to meet the-one subject standard. Invalidates the amendment if the Court rules that it fails to meet such standard.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.J. Res. 93 Introduced in House (IH)]
105th CONGRESS
1st Session
H. J. RES. 93
Proposing an amendment to the Constitution of the United States
relating to the power of the several States to propose amendments to
the Constitution.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 1997
Mr. Goode introduced the following joint resolution; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
relating to the power of the several States to propose amendments to
the Constitution.
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 after the date of its submission for ratification:
``Article--
``In addition to other methods established in this Constitution for
proposing amendments to this Constitution, whenever the legislatures of
three-fourths of the several States shall propose and adopt an
identical amendment to this Constitution, related to but one subject,
that amendment shall be valid as a part of this Constitution, without
any action being required by the Congress, upon receipt by the Clerk of
the Supreme Court of certified copies of that amendment from States
which represent three-fourths of the several States; provided that the
Clerk receives such certified copies within a seven-year period
beginning on the date the Clerk receives the first certified copy of
the proposed amendment; that each State shall retain the power to
rescind its action to propose and adopt the amendment until the
expiration of the seven-year period or the date of receipt by the Clerk
of certified copies of the same amendment from three-fourths of the
several States, whichever first occurs; and that no State, without its
consent, shall be deprived of its equal suffrage in the Senate.
``Upon receipt from the first ten States of the identical proposed
amendment, the Supreme Court shall within sixty days thereafter rule
whether the amendment is, in fact, related to one subject only. If the
Supreme Court rules that the amendment is related to but one subject,
or if the Supreme Court fails to rule on the issue within the sixty
days, the amendment shall be conclusively presumed to meet the one-
subject standard. If the Supreme Court rules that the amendment fails
to meet the one-subject standard, the proposed amendment shall be
invalid.''.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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