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.
















LRB096 03100 RCE 13116 e

















 


 


A BILL FOR









 











HC0003

LRB096 03100 RCE 13116 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



 


 






HC0003
- 2 -
LRB096 03100 RCE 13116 e





1
 WHEREAS, A Joint Resolution is a resolution adopted by both 
2
houses of the
General Assembly and does not require the 
3
signature of the Governor; a Joint
Resolution is sufficient for 
4
Illinois' ratification of an amendment to the
United States 
5
Constitution; and



6
 WHEREAS, The United States Congress has recently adopted 
7
the 27th Amendment
to the
Constitution of the United States, 
8
the so-called Madison Amendment, relating to
Compensation of

9
Members of Congress; this amendment was proposed 203 years 
10
earlier by our First
Congress and only recently ratified by 
11
three-fourths of the States; the United
States
Archivist 
12
certified the 27th Amendment on May 18, 1992; and



13
 WHEREAS, The founders of our nation, James Madison 
14
included, did not favor
further restrictions to Article V of 
15
the Constitution of the United States, the
amending
procedure; 
16
the United States Constitution is harder to amend than any 
17
other
constitution
in history; and



18
 WHEREAS, The restricting time limit for the Equal Rights 
19
Amendment
ratification is in the resolving clause and is not a 
20
part of the amendment
proposed by Congress and already ratified 
21
by 35 states; and



 


 






HC0003
- 3 -
LRB096 03100 RCE 13116 e





1
 WHEREAS, Having passed a time extension for the Equal 
2
Rights
Amendment on October 20, 1978, Congress has demonstrated 
3
that a time limit in a
resolving clause can be disregarded if 
4
it is not a part of the proposed
amendment; and



5
 WHEREAS, The United States Supreme Court in Coleman v. 
6
Miller, 307 U.S.
433, at
456 (1939), recognized that Congress 
7
is in a unique position to judge the tenor
of the nation, to be 
8
aware of the political, social, and economic factors
affecting 
9
the nation, and to be aware of the importance to the nation of 
10
the
proposed amendment; and



11
 WHEREAS, If an amendment to the Constitution of the United 
12
States has been
proposed by
two-thirds of both houses of 
13
Congress and ratified by three-fourths of the
state 
14
legislatures, it
is for Congress under the principles of 
15
Coleman v. Miller to determine the
validity of the state 
16
ratifications occurring after a time limit in the
resolving 
17
clause, but not in the amendment itself; and



18
 WHEREAS, Constitutional equality for women and men 
19
continues to be timely in
the United States and worldwide, and 
20
a number of other nations have achieved
constitutional equality 
21
for their women and men; therefore, be it



22
 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
 


 






HC0003
- 4 -
LRB096 03100 RCE 13116 e





1
NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
2
SENATE CONCURRING HEREIN, that the proposed amendment to the 
3
Constitution of the United States of America set forth in this 
4
resolution is ratified; and be it further



5
 RESOLVED, That a certified copy of this resolution be 
6
forwarded
to the Archivist of the United States, the

7
Administrator of General Services of the United States, the 
8
President pro
tempore of the Senate and the Speaker of the 
9
House of Representatives of the
Congress of the United States, 
10
and each member of the Illinois congressional
delegation.