[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 34. Constitutional Amendments]
[C. Senate Consideration; House-Senate Relations]
[Â§ 8. Amendments Between the Houses]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 46-48]
 
                               CHAPTER 34
 
                       Constitutional Amendments
 
            C. Senate Consideration; House-Senate Relations
 
Sec. 8. Amendments Between the Houses

    When one House has passed a joint resolution proposing a 
constitutional amendment and has transmitted it to the other House, the 
House receiving the joint resolution may adopt amendments by a simple 
majority vote, but a two-thirds vote is required for 
passage.(1) If one House passes with amendments such a joint 
resolution that originated in the other House, a two-thirds vote is 
required in the House in which the joint resolution originated in order 
to concur in the amendments of the other House.(2) In the 
rare case where one House amends and passes a joint resolution of the 
other House by a two-thirds vote and then recedes from that amendment 
by a simple majority vote, the joint resolution is not considered as 
having been passed.(3)
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 1. See Sec. 8.1, infra.
 2. See Sec. Sec. 8.2, 8.3, infra.
 3. See 5 Hinds' Precedents 
        Sec. 7035.                          -------------------
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Sec. 8.1 Vote required to adopt an amendment before passage of other 
    House's joint resolution.

    On Apr. 13, 1965,(1) the House agreed to an amendment to 
a joint resolution proposing a constitutional amendment that had 
originated in the Senate. The amendment was adopted by a simple 
majority vote and the Senate joint resolution, as amended, was then 
passed by the requisite two-thirds vote. Proceedings were as follows:
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 1. 111 Cong. Rec. 7969, 89th Cong. 1st Sess.
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        The Clerk read the title of the Senate joint resolution, as 
    follows:

                                S.J. Res. 1

        Joint resolution proposing an amendment to the Constitution of 
        the United States relating to succession to the Presidency and 
         Vice-Presidency and to cases where the President is unable to 
             discharge the powers and duties of his office[.] . . .

        The SPEAKER.(2) The Clerk will report the amendment.
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 2. John W. McCormack (MA).

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        The Clerk read as follows:

            Amendment offered by Mr. [Emanuel] Celler [of New York]: 
        ``Strike out all after the resolving clause of Senate Joint 
        Resolution 1 and insert the provisions of House Joint 
        Resolution 1, as passed by the House.''

        The SPEAKER. The question is on the amendment.
        The amendment was agreed to.
        The SPEAKER. The question is on the third reading of the Senate 
    joint resolution.
        The Senate joint resolution was ordered to be read a third 
    time, and was read the third time.
        The SPEAKER. The question is on the passage of the Senate joint 
    resolution.
        The question was taken; and (two-thirds having voted in favor 
    thereof) the Senate joint resolution was passed.
        A motion to reconsider was laid on the table.
        A similar joint resolution (H.J. Res. 1) was laid on the table.

Sec.  8.2 A two-thirds vote is required in the House to adopt a motion 
    that the House concur in Senate amendments to a House joint 
    resolution proposing an amendment to the Constitution.

    On Mar. 21, 1947,(1) the House concurred in Senate 
amendments to House Joint Resolution 27, proposing a constitutional 
amendment regarding the term of office of the President of the United 
States, by a two-thirds vote. Proceedings were as follows:
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 1. 93 Cong. Rec. 2389, 2392, 80th Cong. 1st Sess.
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        Mr. [Earl] MICHENER [of Michigan]. Mr. Speaker, I ask the 
    Speaker to lay before the House for immediate consideration House 
    Joint Resolution 27, a joint resolution proposing an amendment to 
    the Constitution of the United States relating to the terms of 
    office of the President, with Senate amendments.
        The SPEAKER.(2) The Clerk will report the title of 
    the joint resolution and the Senate amendments.
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 2. Joseph W. Martin, Jr. (MA).
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        The Clerk read the title of the joint resolution.
        The Clerk read the Senate amendments[.] . . .
        Mr. MICHENER. Mr. Speaker, this bill with the Senate amendment 
    was returned to the House on March 13. It was taken informally 
    before the full Committee on the Judiciary, and I am instructed by 
    that committee to call the resolution up at this time for the 
    purpose of agreeing to the Senate amendment. I have followed 
    precedent and cleared through the majority leader and the minority 
    leader.
        I therefore move that the House concur in the Senate amendment.
        The SPEAKER. The Clerk will report the motion.
        The Clerk read as follows:

            Mr. Michener moves that the House concur in the Senate 
        amendment.

        The SPEAKER. The gentleman from Michigan is recognized for 1 
    hour. . . .
        Mr. MICHENER. Mr. Speaker, I move the previous question.

[[Page 48]]

        The previous question was ordered.
        The question was taken; and on a division (demanded by Mr. 
    [Robert] Thomason [of Texas]) there were--ayes 81, noes 29.
        Mr. [Aime J.] FORAND [of Rhode Island]. Mr. Speaker, I object 
    to the vote on the ground a quorum is not present and make the 
    point of order that a quorum is not present.
        The SPEAKER. The Chair will count.
        Mr. FORAND. Mr. Speaker, I withdraw the point of order.
        So (two-thirds having voted in favor thereof) the Senate 
    amendments were concurred in.
        A motion to reconsider was laid on the table.

Sec. 8.3 A two-thirds vote is required in the Senate to adopt a motion 
    that the Senate concur in House amendments to a Senate joint 
    resolution proposing an amendment to the Constitution.

    On Dec. 18, 1917,(1) the Senate had under consideration 
Senate Joint Resolution 17, proposing a constitutional amendment 
prohibiting the manufacture, sale, or transportation of intoxicating 
liquors, with House amendments thereto. After a motion was made that 
the Senate concur in the House amendments, Mr. William E. Borah, of 
Idaho, asked as a parliamentary inquiry whether a two-thirds vote was 
required to agree to the motion.
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 1. 56 Cong. Rec. 477, 65th Cong. 2d Sess. See also 106 Cong. Rec. 
        12850-58, 86th Cong. 2d Sess., June 16, 1960.
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        The VICE PRESIDENT.(2) That is the opinion of the 
    Chair. It is the view of the Chair that an amendment to a 
    resolution proposing an amendment to the Constitution of the United 
    States needs only a majority in order to be adopted; but the 
    resolution having once been adopted by the Senate and gone to the 
    House and returned here for the final action of the Senate, it is 
    necessary to have a two-thirds vote on the amendments of the House, 
    for this constitutes the final passage of the resolution.
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 2. Thomas R. Marshall (IN).

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