[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 34. Constitutional Amendments]
[B. House Consideration]
[Â§ 5. Voting]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 39-41]
 
                               CHAPTER 34
 
                       Constitutional Amendments
 
                         B. House Consideration
 
Sec. 5. Voting

    Under Article V of the Constitution, passage of a joint resolution 
proposing an amendment to the Constitution requires a two-thirds 
majority of each House.(1) Such a joint resolution may be 
passed by each House only with a quorum present. During consideration 
of such a joint resolution by either House, only a simple majority (not 
a two-thirds majority) is required for adoption of an amendment to the 
joint resolution, including an amendment to the text of the proposed 
amendment to the Constitution itself. The Chair puts the question on 
final passage of such a joint resolution first to a voice vote, as the 
yeas and nays are not required.
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 1. The relevant portion of Article V reads as follows: ``The Congress, 
        whenever two thirds of both Houses shall deem it necessary, 
        shall propose Amendments to this Constitution. . . 
        .''                          -------------------
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Vote Required on Final Passage

Sec. 5.1 The vote required in the House for adoption of a joint 
    resolution proposing an amendment to the Constitution is two-thirds 
    of those Members present and voting, a quorum being present, and 
    not two-thirds of the total membership.

    On Sept. 18, 1969,(1) the House was considering House 
Joint Resolution 681, proposing an amendment to the Constitution 
relating to the election of the President and Vice President. After 
consideration was completed, the Speaker(2) put the question 
on passage. The Speaker then responded to parliamentary inquiries as 
follows:
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 1. 115 Cong. Rec. 26007, 91st Cong. 1st Sess.
 2. John W. McCormack (MA).
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        The SPEAKER. The question is on the passage of the joint 
    resolution.

                            parliamentary inquiries

        Mr. [Durward] Hall [of Missouri]. Mr. Speaker, a parliamentary 
    inquiry.
        The SPEAKER. The gentleman will state the parliamentary 
    inquiry.
        Mr. HALL. Mr. Speaker, in view of article V of the 
    Constitution, am I correct in my calculation that it requires 289 
    Members voting for passage?
        The SPEAKER. The answer to the gentleman's parliamentary 
    inquiry is

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    that it requires two-thirds of the Members present and voting 
    thereon, a quorum being present.
        Mr. HALL. Mr. Speaker, a further parliamentary inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. HALL. Mr. Speaker, is this consistent with article V which 
    says:

            The Congress, whenever two thirds of both Houses shall deem 
        it necessary, shall propose Amendments to this Constitution.

        Would that be two-thirds of the total membership or two-thirds 
    of those present and voting?
        The SPEAKER. In accordance with the precedents of the 
    House(2) and decisions of the Supreme 
    Court,(3) it requires two-thirds of those present and 
    voting thereon, a quorum being present.
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 2. See, e.g., 5 Hinds' Precedents Sec. Sec. 7027, 7029, 7030 and 8 
        Cannon's Precedents Sec. 3503.
 3. See, e.g., National Prohibition Cases, 253 U.S. 350 (1920).
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        The Chair's response to the gentleman's parliamentary inquiry 
    is that it requires two thirds of those present and voting thereon, 
    a quorum being present.
        The question is on the passage of the joint resolution.

Sec. 5.2 A two-thirds vote is required to pass a joint resolution 
    proposing an amendment to the Constitution when the joint 
    resolution is considered under the discharge process.

    On Dec. 14, 1937,(1) Speaker William B. Bankhead, of 
Alabama, in response to a parliamentary inquiry, stated that the 
requirement for a two-thirds vote to pass a joint resolution proposing 
a constitutional amendment applied even when the joint resolution was 
the object of a successful discharge petition. The proceedings are 
discussed in Sec. 4.12, supra.
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 1. 82 Cong. Rec. 1517, 75th Cong. 2d Sess.
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Vote Required to Amend Joint Resolution

Sec. 5.3 An amendment to a joint resolution proposing an amendment to 
    the Constitution is adopted by a majority vote.

    On Feb. 24, 1931,(1) the House was considering House 
Joint Resolution 292, a joint resolution proposing an amendment to the 
Constitution addressing the assembly of Congress. The 
Speaker,(2) in response to a parliamentary inquiry, stated 
that only a majority of the House (and not two-thirds) was required to 
adopt an amendment to the joint resolution.
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 1. 74 Cong. Rec. 5906, 71st Cong. 3d Sess. See also 5 Hinds' 
        Precedents Sec. 7031 (point of order) and 8 Cannon's Precedents 
        Sec. 3504 (parliamentary inquiry).
 2. Nicholas Longworth (OH).
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        The SPEAKER. The previous question is ordered under the rule.

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        The question is on the amendment.
        Mr. [Lamar] Jeffers [of Alabama] and Mr. [Charles] Crisp [of 
    Georgia] demanded the yeas and nays.
        The yeas and nays were ordered.
        Mr. [John] KETCHAM [of Michigan]. Mr. Speaker, a parliamentary 
    inquiry.
        The SPEAKER. The gentleman will state it.
        Mr. KETCHAM. Will the Chair please advise the Members by what 
    majority the amendment would have to carry? Is a two-thirds 
    majority necessary?
        The SPEAKER. No; a majority is only necessary on an amendment.

Yeas and Nays Not Required

Sec. 5.4 The yeas and nays are not required on the question of passing 
    a joint resolution proposing an amendment to the Constitution.

    On Mar. 9, 1928,(1) the Speaker, Nicholas Longworth, of 
Ohio, responded to an inquiry by Mr. John Q. Tilson, of Connecticut, as 
to whether the yeas and nays were required on joint resolutions 
proposing amendments to the Constitution, as follows:
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 1. 70 Cong. Rec. 4430, 70th Cong. 1st Sess. See also 5 Hinds' 
        Precedents Sec. Sec. 7038, 7039.
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        The SPEAKER. There is no rule which provides for a yea-and-nay 
    vote, and the Chair will quote from the Manual, section 
    224:(2)
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 2. Now House Rules and Manual Sec. 192 (2007) (``The yeas and nays are 
        not required to pass a joint resolution proposing to amend the 
        Constitution. . . .'').
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            Ayes and nays not required to pass a resolution amending 
        the Constitution

        The question is on the passage of the resolution.

[[Page 42]]