96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
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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


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CONSTITUTIONAL AMENDMENT


 

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    WHEREAS, The Ninety-second Congress of the United States of 
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America, at
its Second Session, in both houses, by a 
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constitutional majority of two-thirds,
adopted the following 
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proposition to amend the Constitution of
the United States of 
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America:

 

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"JOINT RESOLUTION


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    RESOLVED BY THE HOUSE OF REPRESENTATIVES AND SENATE OF THE 
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UNITED STATES
OF AMERICA IN CONGRESS ASSEMBLED (TWO-THIRDS OF 
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EACH HOUSE CONCURRING THEREIN),
That the following article is 
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proposed as an amendment to the Constitution
of the United 
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States, which shall be valid to all intents and purposes as
a 
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part of the Constitution when ratified by the legislatures of 
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three-fourths
of the several States within seven years from the 
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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 
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or abridged
by the United States or any State on account of 
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sex.

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

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

 

 


 






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

 

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    WHEREAS, The United States Congress has recently adopted 
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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 
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earlier by our First
Congress and only recently ratified by 
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three-fourths of the States; the United
States
Archivist 
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certified the 27th Amendment on May 18, 1992; and

 

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

 

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

 

 


 






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

 

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

 

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

 

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

 

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    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
 


 






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

 

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

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