94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0003


 
Introduced 1/12/2005, by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:
 		














(U.S. Constitution; New Article)









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
















LRB094 02606 RCE 32607 e

















 


 


A BILL FOR









 











HC0003

LRB094 02606 RCE 32607 e






1

HOUSE JOINT RESOLUTION


2

CONSTITUTIONAL AMENDMENT


 

3
    WHEREAS, The Ninety-second Congress of the United States of 
4
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 THE 
10
UNITED STATES
OF AMERICA IN CONGRESS ASSEMBLED (TWO-THIRDS OF 
11
EACH HOUSE CONCURRING THEREIN),
That the following article is 
12
proposed as an amendment to the Constitution
of the United 
13
States, which shall be valid to all intents and purposes as
a 
14
part of the Constitution when ratified by the legislatures of 
15
three-fourths
of the several States within seven years from the 
16
date of its submission
by the Congress:

 

17

"ARTICLE ______ 


18
    Section 1. Equality of rights under law shall not be denied 
19
or abridged
by the United States or any State on account of 
20
sex.

21
    Section 2. The Congress shall have the power to enforce by 
22
appropriate
legislation the provisions of this article.

23
    Section 3. This Amendment shall take effect two years after 
24
the date of
ratification.""; and

 

25
    WHEREAS, A Joint Resolution is a resolution adopted by both 
26
houses of the
General Assembly and does not require the 
27
signature of the Governor; a Joint
Resolution is sufficient for 
28
Illinois' ratification of an amendment to the
United States 
29
Constitution; and

 

30
    WHEREAS, The United States Congress has recently adopted 
31
the 27th Amendment
to the
Constitution of the United States, 
 


 






HC0003
- 2 -
LRB094 02606 RCE 32607 e




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
procedure; 
9
the United States Constitution is harder to amend than any 
10
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 a 
13
part of the amendment
proposed by Congress and already ratified 
14
by 35 states; and

 

15
    WHEREAS, Having passed a time extension for the Equal 
16
Rights
Amendment on October 20, 1978, Congress has demonstrated 
17
that a time limit in a
resolving clause can be disregarded if 
18
it is not a part of the proposed
amendment; and

 

19
    WHEREAS, The United States Supreme Court in Coleman v. 
20
Miller, 307 U.S.
433, at
456 (1939), recognized that Congress 
21
is in a unique position to judge the tenor
of the nation, to be 
22
aware of the political, social, and economic factors
affecting 
23
the nation, and to be aware of the importance to the nation of 
24
the
proposed amendment; and

 

25
    WHEREAS, If an amendment to the Constitution of the United 
26
States has been
proposed by
two-thirds of both houses of 
27
Congress and ratified by three-fourths of the
state 
28
legislatures, it
is for Congress under the principles of 
29
Coleman v. Miller to determine the
validity of the state 
30
ratifications occurring after a time limit in the
resolving 
31
clause, but not in the amendment itself; and

 

 


 






HC0003
- 3 -
LRB094 02606 RCE 32607 e




1
    WHEREAS, Constitutional equality for women and men 
2
continues to be timely in
the United States and worldwide, and 
3
a number of other nations have achieved
constitutional equality 
4
for their women and men; therefore, be it

 

5
    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
6
NINETY-FOURTH 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 this 
9
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 States, 
15
and each member of the Illinois congressional
delegation.