Bill Text: IL HJRCA0003 | 2009-2010 | 96th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (N/A - Dead) 2010-05-02 - Tabled Pursuant to Rule 46 [HJRCA0003 Detail]

Download: Illinois-2009-HJRCA0003-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0003 Introduced 1/9/2009, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
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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HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
WHEREAS, The Ninety-second Congress of the United States of
America, at its Second Session, in both houses, by a
constitutional majority of two-thirds, adopted the following
proposition to amend the Constitution of the United States of
America:
"JOINT RESOLUTION
RESOLVED BY THE HOUSE OF REPRESENTATIVES AND SENATE 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 a
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:
"ARTICLE ______
Section 1. Equality of rights under law shall not be denied
or abridged by the United States or any State on account of
sex.
Section 2. The Congress shall have the power to enforce by
appropriate legislation the provisions of this article.
Section 3. This Amendment shall take effect two years after
the date of ratification.""; and

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WHEREAS, A Joint Resolution is a resolution adopted by both
houses of the General Assembly and does not require the
signature of the Governor; a Joint Resolution is sufficient for
Illinois' ratification of an amendment to the United States
Constitution; and
WHEREAS, The United States Congress has recently adopted
the 27th Amendment to the Constitution of the United States,
the so-called Madison Amendment, relating to Compensation of
Members of Congress; this amendment was proposed 203 years
earlier by our First Congress and only recently ratified by
three-fourths of the States; the United States Archivist
certified the 27th Amendment on May 18, 1992; and
WHEREAS, The founders of our nation, James Madison
included, did not favor further restrictions to Article V of
the Constitution of the United States, the amending procedure;
the United States Constitution is harder to amend than any
other constitution in history; and
WHEREAS, The restricting time limit for the Equal Rights
Amendment ratification is in the resolving clause and is not a
part of the amendment proposed by Congress and already ratified
by 35 states; and

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WHEREAS, Having passed a time extension for the Equal
Rights Amendment on October 20, 1978, Congress has demonstrated
that a time limit in a resolving clause can be disregarded if
it is not a part of the proposed amendment; and
WHEREAS, The United States Supreme Court in Coleman v.
Miller, 307 U.S. 433, at 456 (1939), recognized that Congress
is in a unique position to judge the tenor of the nation, to be
aware of the political, social, and economic factors affecting
the nation, and to be aware of the importance to the nation of
the proposed amendment; and
WHEREAS, If an amendment to the Constitution of the United
States has been proposed by two-thirds of both houses of
Congress and ratified by three-fourths of the state
legislatures, it is for Congress under the principles of
Coleman v. Miller to determine the validity of the state
ratifications occurring after a time limit in the resolving
clause, but not in the amendment itself; and
WHEREAS, Constitutional equality for women and men
continues to be timely in the United States and worldwide, and
a number of other nations have achieved constitutional equality
for their women and men; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE

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NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that the proposed amendment to the
Constitution of the United States of America set forth in this
resolution is ratified; and be it further
RESOLVED, That a certified copy of this resolution be
forwarded to the Archivist of the United States, the
Administrator of General Services of the United States, the
President pro tempore of the Senate and the Speaker of the
House of Representatives of the Congress of the United States,
and each member of the Illinois congressional delegation.