[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 34. Constitutional Amendments]
[D. Ratification]
[Â§ 11. State Consent; Withdrawal and Rescission of Withdrawal]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                               CHAPTER 34
 
                       Constitutional Amendments
 
                            D. Ratification
 
Sec. 11. State Consent; Withdrawal and Rescission of Withdrawal

    Under Article V of the Constitution, the approval of three-fourths 
of the States is required to ratify an amendment to the Constitution. 
Whether a State may rescind its ratification of a constitutional 
amendment has been the subject of discussion(1) and 
litigation.(2) A State, having previously rescinded its 
ratification before the effectiveness of an amendment, has later 
ratified the amendment (after it had become effective). For example, on 
Mar. 12, 2003,(3) the Ohio General Assembly passed a joint 
resolution ratifying the 14th Amendment. The joint resolution recited 
the history of Ohio's action with respect to the 14th Amendment, as 
follows: Ohio ratified the amendment on Jan. 11, 1867, but rescinded 
such ratification on Jan. 15, 1868 (the amendment becoming effective 
six months later).
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 1. See 5 Hinds' Precedents Sec. 7042.
 2. For relevant case law, see House Rules and Manual Sec. 192 (2007).
 3. The memorial was noted at 150 Cong. Rec. 100, 108th Congress 2d 
        Sess., Jan. 20, 2004. See also Id. for a memorial from New 
        Jersey revoking an earlier attempt to withdraw its ratification 
        of an amendment.

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