Full Text of HJRCA0003 94th General Assembly
HC0003 94TH GENERAL ASSEMBLY
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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: |
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Provides for the ratification of the proposed equal rights amendment to the
United States Constitution.
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A BILL FOR
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HC0003 |
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LRB094 02606 RCE 32607 e |
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| 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:
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| "JOINT RESOLUTION
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| 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:
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| "ARTICLE ______
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| 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.
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| Section 2. The Congress shall have the power to enforce by | 22 |
| appropriate
legislation the provisions of this article.
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| Section 3. This Amendment shall take effect two years after | 24 |
| the date of
ratification.""; and
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| 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
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| WHEREAS, The United States Congress has recently adopted | 31 |
| the 27th Amendment
to the
Constitution of the United States, |
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| the so-called Madison Amendment, relating to
Compensation of
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| RESOLVED, That a certified copy of this resolution be | 11 |
| forwarded
to the Archivist of the United States, the
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| 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.
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