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Hearing regarding H.J.Res. 84,proposing an amendment to the Constitution of the United States to provide a procedure by which the States may propose constitutional amendments -- March 25, 1998
Witness List, Representative Charles Canady, Honorable Tom Bliley,
Honorable George Allen, Honorable Mickey Edwards, Professor Nelson Lund, Brenda Burns, Governor Michael O. Leavitt,
H.J.RES.84
SPONSOR: Rep Bliley (introduced 06/24/97)
A joint resolution proposing an amendment to the Constitution of the United States to provide a procedure by which the States may propose constitutional amendments.
SUMMARY:
(AS INTRODUCED)
Constitutional Amendment - Provides that: (1) two-thirds of the legislatures of the several States may propose an amendment to the Constitution by enacting identical legislation; and (2) the legislature first proposing the amendment shall submit it to the Congress.
Deems such proposed amendment to be submitted to the several States for their consideration if, before the date of the second adjournment of the Congress sine die occurring after the amendment is submitted to the Congress two-thirds of each House: (1) vote against legislation expressly disapproving the amendment; or (2) have not voted for legislation expressly disapproving the amendment.
Proposing an amendment to the Constitution of the United States to provide a procedure by which the States may propose constitutional amendments. (Introduced in the House)
HJ 84 IH 105th CONGRESS
1st Session
H. J. RES. 84
Proposing an amendment to the Constitution of the United States to provide a procedure by which the States may propose constitutional amendments.
IN THE HOUSE OF REPRESENTATIVES
June 24, 1997
Mr. BLILEY (for himself, Mr. GOODE, Mr. KOLBE, Mr. DEAL of Georgia, Mr. GILLMOR, Mr. SPENCE, and Mr. COOK) 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 to provide a procedure by which the States may propose constitutional amendments.
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 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--
`SECTION 1. Two-thirds of the legislatures of the several States may propose an amendment to the Constitution by enacting identical legislation in each such legislature proposing the amendment. If two-thirds of the legislatures of the several States enact such legislation, the legislature first proposing the amendment shall submit the proposed amendment to the Congress.
`SECTION 2. If a proposed amendment is submitted to the Congress under this article and, before the date of the second adjournment of Congress sine die occurring after the proposed amendment is so submitted, two-thirds of each House vote against legislation expressly disapproving the proposed amendment, the proposed amendment shall be deemed to be submitted to the several States for their consideration.
`SECTION 3. If, as of the date of the second adjournment of Congress sine die occurring after a proposed amendment is submitted to Congress under this article, the proposed amendment has not been submitted to the several States for their consideration under section 2, and two-thirds of each House have not voted for legislation expressly disapproving the proposed amendment, the proposed amendment shall be deemed to be submitted to the several States for their consideration.
`SECTION 4. A proposed amendment submitted to the several States for their consideration under this article shall be valid as part of the Constitution when ratified by the legislatures of three-fourths of the several States.
`SECTION 5. This article shall not be construed as limiting the power of the States or the Congress under Article V of this Constitution.
`SECTION 6. The Congress shall have power to enforce this article by appropriate legislation.'.
SUBCOMMITTEE ON THE CONSTITUTION
Committee on the Judiciary
U.S. House of Representatives
H.J. Res. 84: "Proposing an Amendment to the Constitution of the United States to provide a procedure by which the States may propose constitutional amendments"
Wednesday, March 25, 1998
2237 Rayburn House Office Building
WITNESS LIST
PANEL I
Honorable Tom Bliley, U.S. House of Representatives, 7th District, Virginia
PANEL II
Honorable George Allen, Former Governor of Virginia
Honorable Mickey Edwards, Former Member of Congress and current Professor, Kennedy School of Government, Harvard University
Professor Nelson Lund, Professor of Law and Acting Associate Dean of Academic Affairs, George Mason School of Law
Professor Mike Seidman, Georgetown University Law Center
Testimony Beware
BACK TO THE REPUBLIC
Harry F. Atwood BACK TO THE REPUBLIC
Adoption of U.S. Constitution at first Constitutional Convention To Be Done By 9 States, rather than by unanimous vote of 13 as under Articles of Confederation
Such an Alteration could occur again during a Second Constitutional Convention (Con-Con)Amendments
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