[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 34. Constitutional Amendments]
[Index to Precedents]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 61-66]
 
                               CHAPTER 34
 
                       Constitutional Amendments
 
                            D. Ratification
 
Sec.                      INDEX TO PRECEDENTS

Amendments to joint resolution passed by other House
    concur in amendments, motion to, requires two-thirds vote in House 
        in which joint resolution originated
        House joint resolution, Sec. 8.2
        Senate joint resolution, Sec. 8.3
    vote, majority, to adopt, Sec. Sec. 8, 8.1
    vote, two-thirds, required for passage of joint resolution after 
        amendments adopted, Sec. 8
Amendments to joint resolution, see Joint resolution proposing 
    amendment to Constitution; Voting
Archivist of the United States, role see Passage of joint resolution, 
    procedures after; Ratification, procedures relating to
Article V of Constitution as prescribing procedures, Sec. 1
Assembly of Congress, amendment relating to, Sec. 5.3
Bill of Rights, ratification of (see also Ratification, procedures 
    relating to), Sec. Sec. 10.1, 12.4
Budget, balanced, amendment relating to, Sec. Sec. 4.4, 4.6, 4.7, 4.13, 
    4.14, 4.17
Certification and publication of amendment after adoption, see 
    Ratification, procedures relating to
Committee jurisdiction over joint resolutions proposing amendments
    history, Sec. Sec. 3-3.2
    Judiciary, Committee on the, jurisdiction of, Sec. Sec. 3, 3.2
    subject matter of amendment as not affecting jurisdiction of 
        Committee on the Judiciary, Sec. 3.2
Committee of the Whole, consideration in, of joint resolution proposing 
    amendment to Constitution (see also Special rules providing for 
    consideration of joint resolutions proposing amendments to 
    Constitution)
    generally, Sec. Sec. 4.6, 4.7
    amendment in nature of substitute to joint resolution, rule 
        provided for consideration of, Sec. Sec. 4.4, 4.17
    special rule, pursuant to, Sec. Sec. 4.6, 4.7
Compensation of Members of Congress, amendment relating to power to 
    increase, Sec. 12.4
Conference report on joint resolution
    vote, two-thirds, required for adoption, Sec. 7
    yeas and nays not required for adoption in House, Sec. 7
Consideration of joint resolutions proposing amendments to Constitution 
    (see also Subject matter of proposed constitutional amendment)
    generally, Sec. 4
    amendments to joint resolution
        other House, adopted by, see Amendments to joint resolution 
            passed by other House
        voting on, see Voting
    debate, see Debate
    discharge of joint resolution, consideration in House following 
        (see also generally, Discharge), Sec. 4.10
    President, not presented to, for approval, Sec. 2
    quorum required for final passage (see also Voting), Sec. Sec. 5, 
        5.1
    resolving clause
        amendment from floor corrected form of, Sec. 4.17
        form, Sec. Sec. 2, 4.17

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        statute prescribing form, Sec. Sec. 2, 4.17
    Senate, in, see Senate, proceedings in
    special rules, under, see Special rules providing for consideration 
        of joint resolutions proposing amendments to Constitution
    suspension of the rules, under, Sec. Sec. 4.1, 4.2
    voting generally, see Voting
Debate
    amendment to joint resolution
        previous question, priority in recognition to Member seeking to 
            move, over Member yielded to for purpose of offering 
            amendment, Sec. 4.16
        substitute, amendment in nature of, form of, Sec. 4.17
        voting on, see Voting
    discharge, motion to, debate on (see also Discharge), 
        Sec. Sec. 4.11, 4.12
    previous question, priority in recognition to Member seeking to 
        move, over Member yielded to for purpose of offering amendment, 
        Sec. 4.16
    recognition
        previous question, priority in recognition to Member seeking to 
            move, over Member yielded to for purpose of offering 
            amendment, Sec. 4.16
    special rule, pursuant to
        close debate, recognition to, where rule divided control of 
            debate among three Members, Sec. 4.7
        reported, where joint resolution was not, Sec. 4.6
        unanimous consent, modification by, of terms governing debate, 
            Sec. 4.13
    unanimous consent, modification of terms of special rule governing 
        debate, Sec. 4.13
Discharge
    debate on motion to discharge, Sec. Sec. 4.11, 4.12
    joint resolution, of
        consideration in House after discharge, Sec. 4.10
        House, consideration in, after discharge, Sec. 4.10
        motion to proceed to immediate consideration is privileged 
            after adoption of motion to discharge, Sec. 4.9
        signatures required, Sec. 4.8
    recommit joint resolution, motion to, following discharge, see 
        Recommit joint resolution, motion to
    special rule providing for consideration of joint resolution, 
        discharge of
        Calendar, Discharge, substitute rule reported prior to call of, 
            Sec. 4.14
        debate on motion, Sec. 4.12
        subsequent rule reported prior to call of Discharge Calendar 
            where first rule was object of motion to discharge, 
            Sec. 4.14
        unanimous consent, consideration of rule by, before motion 
            called up, Sec. 4.13
    vote on joint resolution considered under discharge process, see 
        Voting
District of Columbia, amendment granting representation in Electoral 
    College to, Sec. 9.2
Eighteen-year-olds, amendment granting right to vote to, Sec. 12.2
Election of President and Vice President, amendment regarding (see 
    Subject matter of proposed constitutional amendment)
    Committee, referred to, under former practice, Sec. 3.1

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    reported with amendment, joint resolution was, Sec. 3.1
Equal rights for men and women, amendment concerning, Sec. Sec. 4.11, 
    12.3
Flag, desecration of, amendment relating to, Sec. 6.4
Joint resolution proposing amendment to Constitution (see Subject 
    matter of proposed constitutional amendment)
    amendment in nature of substitute to
        form, Sec. 4.17
    amendments to
        voting on, see Voting
    conference report on, see Conference report on joint resolution
    consideration
        generally, Sec. 4
        special rule, under, see Special rules providing for 
            consideration of joint resolutions proposing amendments to 
            Constitution
        suspension of rules, under, Sec. Sec. 4.1, 4.2
    form of resolving clause, Sec. 2
    germane, instructions in motion to recommit bill held not to be, 
        where requiring that content of bill be reported as joint 
        resolution, Sec. 4.15
    President, not presented to, for approval, Sec. 2
    quorum required for final passage (see Voting) Sec. Sec. 5, 5.1
    recommit bill, instructions in motion to, were not germane where 
        requiring that content of bill be reported as joint resolution, 
        Sec. 4.15
    resolving clause
        amendment to correct form of, Sec. 4.17
        form, Sec. Sec. 2, 4.17
        statute prescribing form, Sec. Sec. 2, 4.17
    Senate, consideration in, see Senate, proceedings in
    voting generally, see Voting
Judiciary, Committee on the, has jurisdiction over joint resolutions 
    proposing amendments, Sec. Sec. 3, 3.2
Jurisdiction, committee, see Committee jurisdiction over joint 
    resolutions proposing amendments
Legislative proposal, effect to convert, to proposal to amend 
    Constitution, Sec. Sec. 4.15, 6, 6.3
Passage of joint resolution, procedures after (see Ratification, 
    procedures relating to)
    enrolled joint resolution submitted to designated official for 
        transmission to States, Sec. 9.2
    President, joint resolution not presented to, for approval, 
        Sec. Sec. 2, 9, 9.1
    states, submission to, Sec. 9.2
    submission of enrolled joint resolution to designated official for 
        transmission to states, Sec. 9.2
Poll tax, amendment to abolish, Sec. Sec. 4.1, 4.15, 6.3
Prayer in public buildings, amendment concerning, Sec. Sec. 4.8, 4.9, 
    4.16
Present and voting, two-thirds of Members, as required, see Voting
Presidential and Vice Presidential succession, see Subject matter of 
    proposed amendment
President, joint resolution proposing amendment not presented to, for 
    approval, Sec. Sec. 2, 9, 9.1
Procedures for amendment to Constitution
    Article V as prescribing, Sec. 1

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    Committee jurisdiction over joint resolution, Sec. Sec. 3-3.2
    Congress may propose amendment, Sec. 1
    convention requested by states, Sec. 1
    Joint resolution introduced in Congress
        consideration generally, see Joint resolution proposing 
            amendment to Constitution
        President, not presented to, for approval, Sec. 2
        resolving clause, form of, Sec. 2
Procedures for consideration of joint resolution, see Consideration of 
    joint resolutions proposing amendments to Constitution
Prohibition of liquors, amendment concerning, Sec. Sec. 8.3, 12.1
Quorum for consideration, see Voting
Ratification, procedures relating to
    Archivist of the United States, role of
        certification and publication, Sec. Sec. 10, 10.4, 12.4
        notification of ratification by states given by Archivist, 
            Sec. Sec. 10, 10.4, 12.4
        time limit for ratification, extension of, notification to 
            states of, Sec. 12.3
    Bill of Rights, President notified Congress of ratification of, 
        Sec. 10.1
    certification and publication
        Administrator of General Services, duties formerly vested in, 
            Sec. Sec. 10.3, 10.4
        Archivist of the United States, role of, Sec. Sec. 10, 10.4, 
            12.4
        Reorganization Plan transferred functions to designated 
            official, Sec. 10.3
        Secretary of State, former role of, Sec. Sec. 10.2, 10.3
        statute transferred functions to Archivist of the United 
            States, Sec. 10.4
    effectiveness of ratification
        declarations, separate, by two Houses in simple and concurrent 
            resolutions concerning, Sec. 12.4
        political question for Congress to determine, Sec. 12.4
    notification of ratification by states
        Archivist of the United States, role of, Sec. Sec. 10, 10.4, 
            12.4
        historical development of procedures, Sec. Sec. 10-10.4
    rescission of ratification by state, Sec. 11
    Secretary of State, former role of, Sec. Sec. 10.2, 10.3
    States, submission of proposed amendment to, see States, submission 
        of proposed amendment to
    Supreme Court, decisions by
        effectiveness of ratification as political question for 
            Congress, Sec. 12.4
        reasonable time, ratification within, Sec. 12.4
    time limits on ratification
        extension of time limit, majority vote on joint resolution to 
            grant, where time limit was not part of amendment, 
            Sec. 12.3
        no time limits applied to earlier amendments, Sec. 12.4
        reasonable time, ratification must be within, Sec. 12.4
        salaries of Members of Congress, amendment to limit power of 
            Members to raise, ratified after two centuries, Sec. 12.4
        seven years as customary limit, Sec. Sec. 12-12.3
        text of amendment, stated in, under earlier practice, 
            Sec. Sec. 12, 12.1
        text of joint resolution, stated in, rather than in amendment 
            itself in current practice, Sec. Sec. 12.2, 12.3

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    withdrawal of ratification by State, Sec. 11
Recognition, see Debate
Recommit joint resolution, motion to
    discharge, where joint resolution being considered pursuant to 
        motion to, Sec. 4.11
Recommit, motion to, with instructions to report contents of bill in 
    form of joint resolution proposing to amend Constitution, Sec. 4.15
Rescission or withdrawal of ratification, see Ratification, procedures 
    relating to
Salaries of Members of Congress, limitation on power to increase, 
    Sec. 12.4
School busing, amendment concerning, Sec. 4.10
Senate, proceedings in
    amendment to joint resolution proposing constitutional amendment
        vote, adopted by majority, Sec. Sec. 6, 6.2, 6.3
    conference report on joint resolution, see Conference report on 
        joint resolution
    legislative proposal was converted by amendment to proposal to 
        amend constitution, Sec. Sec. 6, 6.3
    voting
        amendment to joint resolution to amend Constitution, majority 
            vote required for, Sec. Sec. 6, 6.2, 6.3
        legislative proposal converted by amendment to proposal to 
            amend Constitution, Sec. Sec. 6, 6.3
        present and voting, two-thirds of Senators, required for 
            passage of joint resolution to amend Constitution, 
            Sec. Sec. 6.1, 6.3
    yeas and nays not required on vote on passage, Sec. 6.4
Special rules providing for consideration of joint resolutions 
    proposing amendments to Constitution
    adoption, vote required for, Sec. 4.8
    amendment in nature of substitute to joint resolution, rule 
        providing for, to be considered in Committee of the Whole, 
        Sec. 4.4
    amendment in nature of substitute to joint resolution, rule 
        providing for, to be considered in House, Sec. 4.3
    amendments in nature of substitute to joint resolution, multiple, 
        rule providing for, Sec. 4.4
    debate, modification of terms governing, by unanimous consent, 
        Sec. 4.13
    debate, provisions concerning
        division between Member in favor and Member opposed, Sec. 4.6
        three Members, control of time divided among, Sec. 4.7
    discharge of House committee from consideration of similar Senate 
        joint resolution, rule provided for, Sec. 4.5
    discharge of special rule, see Discharge
    vote required for adoption, Sec. 4.8
States, memorials or applications submitted by
    committee jurisdiction of, Sec. 3
    conventions, requesting, Sec. 1
    rescinding request for convention, Sec. 1
States, submission of proposed amendment to (see Ratification, 
    procedures relating to)
    generally, Sec. 9.2
    Archivist of the United States, role of, Sec. 9.2
Subject matter of proposed constitutional amendment
    assembly of Congress, Sec. 5.3
    Bill of Rights, see Bill of Rights, ratification of

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    budget, balanced, provision as to, Sec. Sec. 4.4, 4.6, 4.7, 4.13, 
        4.14, 4.17
    Committee on the Judiciary, jurisdiction of, as not affected by, 
        Sec. 3.2
    compensation of Members of Congress, proposals to change, Sec. 12.4
    Congress, salaries of Members of, limitation on power to increase, 
        Sec. 12.4
    District of Columbia, granting representation in electoral college 
        to, Sec. 9.2
    eighteen-year-olds, right to vote granted to, Sec. 12.2
    election of President and Vice President, Sec. Sec. 3.1, 5.1
    equal rights for men and women, Sec. Sec. 4.11, 12.3
    flag, desecration of, Sec. 6.4
    jurisdiction of Committee on the Judiciary as not affected by, 
        Sec. 3.2
    poll tax, amendment to abolish, Sec. Sec. 4.1, 4.15, 6.3
    prayer in public buildings, Sec. Sec. 4.8, 4.9, 4.16
    President and Vice President, election of, Sec. Sec. 3.1, 5.1
    Presidential and Vice Presidential succession, Sec. Sec. 4.5, 8.1
    President, term of office of, Sec. Sec. 8.2, 9.2
    prohibition of liquors, Sec. Sec. 8.3, 12.1
    referenda on war, Sec. Sec. 4.12, 5.2
    salaries of Members of Congress, limitation on power to increase, 
        Sec. 12.4
    school busing, Sec. 4.10
    states, suits against, Sec. 10.2
    term of office of President, Sec. Sec. 8.2, 9.2
    voting rights, Sec. Sec. 6.1, 12.2
    war, referenda on, Sec. Sec. 4.12, 5.2
    women, equal rights for, Sec. Sec. 4.11, 12.3
Suspension of rules, consideration of joint resolution proposing 
    constitutional amendment under
    poll tax, amendment to abolish, Sec. 4.1
Time limits on ratification, see Ratification, procedures relating to
Voting
    amendments to joint resolution, motion to concur in, requires two-
        thirds vote in House in which joint resolution originated, 
        Sec. Sec. 8.2, 8.3
    amendment to joint resolution, majority vote required for adoption 
        of, Sec. Sec. 5, 5.3, 8, 8.1
    conference report, see Conference report on joint resolution
    joint resolution, two-thirds vote required for passage of, 
        Sec. Sec. 2, 4.12, 5, 5.1
    present and voting, two-thirds of Members, required for passage, 
        Sec. 5.1
    voice vote, question on final passage of joint resolution first put 
        to, Sec. 5
    yeas and nays not required for passage of joint resolution to amend 
        Constitution, Sec. Sec. 5, 5.4
Voting rights, amendments to grant, see, Subject matter of proposed 
    constitutional amendment
War, referenda on, amendment concerning, Sec. Sec. 4.12, 5.2
Withdrawal or rescission of ratification, see Ratification, procedures 
    relating to
Yeas and nays not required on passage of joint resolution (see Voting), 
    Sec. Sec. 5, 5.4