[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[The United States Constitution]
[Pages 85-87]
[From the U.S. Government Publishing Office, www.gpo.gov]



                               ARTICLE V.




Sec. 190. Amendments to the Constitution.

  The  Congress, 
whenever two thirds of both Houses shall deem it necessary, shall 
propose Amendments to this Constitution, or, on the Application of the 
Legislatures of two thirds of the several States, shall call a 
Convention for proposing Amendments, which, in either Case, shall be 
valid to all Intents and Purposes, as Part of this Constitution, when 
ratified by the Legislatures of three fourths of the several States, or 
by Conventions in three fourths thereof, as the one or the other Mode of 
Ratification may be proposed by the Congress; Provided that no Amendment 
which may be made prior to the Year One thousand eight hundred and eight 
shall in any Manner affect the first and fourth Clauses in the Ninth 
Section of the first Article; and that no State, without its Consent, 
shall be deprived of its equal Suffrage in the Senate.




Sec. 191. Form of and action on amendments to the 
Constitution.

  Amendments  to the Constitution are proposed in the form of joint 
resolutions, which have their several readings and are enrolled and 
signed by the presiding officers of the two Houses (V, 7029, footnote), 
but are not presented to the President for his approval (V, 7040; see 
discussion under Sec. 115, supra; Hollingsworth v. Virginia, 3 U.S. (3 
Dall.) 378 (1798)). They are filed with the Archivist who, under the law 
(1 U.S.C. 106b; 1 U.S.C. 112), has the responsibility for the 
certification and publication of such amendments, once they are ratified 
by the States. Under the earlier procedure, the two Houses sometimes 
requested the President to transmit to the States certain proposed 
amendments (V, 7041, 7043), but a concurrent resolution to that end was 
without privilege (VIII, 3508). The President notified Congress by 
message of the promulgation of the ratification of a constitutional 
amendment (V, 7044). The House in the 114th through 118th Congresses 
required that petitions from state legislatures purporting to call for 
constitutional conventions or to rescind such calls be made publicly 
available (sec. 3(c), H. Res. 5, Jan. 6, 2015, p. 35; sec. 3(d), H. Res. 
5, Jan. 3, 2017, p. 38; sec. 103(b), H. Res. 6, Jan. 3, 2019, p. _; sec. 
3(m), H. Res. 8, Jan. 4, 2021, p. _; sec. 3(n), H. Res. 5, Jan. 9, 2023, 
p. _).-




Sec. 192. The twothirds vote on proposed 
amendments.

  The  vote required on a joint resolution proposing an amendment 
to the Constitution is two-thirds of those voting, a quorum being 
present, and not two-thirds of the entire membership (V, 7027, 7028; 
VIII, 3503). The majority required to pass a constitutional amendment, 
like the majority required to pass a bill over the President's veto 
(VII, 1111) and the majority required to adopt a motion to suspend the 
rules (Dec. 16, 1981, pp. 31850, 31851, 31855, 31856), is two-thirds of 
those Members voting either in the affirmative or negative, a quorum 
being present, and Members who only indicate that they are ``present'' 
are not counted in this computation (Nov. 15, 1983, p. 32685). The 
requirement of the two-thirds vote applies to the vote on final passage 
and not to amendments (V, 7031, 7032; VIII, 3504), or prior stages (V, 
7029, 7030), but is required if the House votes on agreeing to Senate 
amendments (V, 7033, 7034; VIII, 3505), or on agreeing to a conference 
report (V, 7036). One House having, by a two-thirds vote, passed in 
amended form a proposed constitutional amendment from the other House, 
and then having by a majority vote receded from its amendment, the 
constitutional amendment was held not to be passed (V, 7035).


  In the 95th Congress, both the House and Senate passed by a majority 
vote House Joint Resolution 638, extending the time period for 
ratification by the States of the Equal Rights Amendment, where House 
Joint Resolution 208 of the 92d Congress, proposing the amendment, had 
provided for a seven-year ratification period. The House determined, by 
laying on the table by a record vote a privileged resolution asserting 
that a vote of two-thirds of the Members present and voting was required 
to pass a joint resolution extending the ratification period for a 
constitutional amendment already submitted to the States, that only a 
majority vote was required on such a measure (H.J. Res. 638; Speaker 
O'Neill, Aug. 15, 1978, p. 26203).

  The joint resolution extending the ratification period for the Equal 
Rights Amendment was delivered to the President, who signed it although 
expressing doubt as to the necessity for his doing so (Presidential 
Documents, Oct. 19, 1978). When sent to the Archivist, the joint 
resolution was not assigned a public law number, but the Archivist 
notified the States of the action of the Congress in extending the 
ratification period. For a judicial decision voiding this extension, see 
Idaho v. Freeman, 529 F.Supp. 1107 (D.C.D. Idaho, 1981), judgment stayed 
sub nom. National Organization of Women v. Idaho, 455 U.S. 918 (1982), 
vacated and remanded to dismiss, 459 U.S. 809 (1982).

  In the 116th Congress, the House passed by a majority vote House Joint 
Resolution 79, eliminating the deadline for ratification by the States 
of the Equal Rights Amendment (Feb. 13, 2020, p. _), following adoption 
of a resolution (by special order of business) affirming that the proper 
threshold to adopt such joint resolution was a majority vote (H. Res. 
842, Feb. 11, 2020, p. _). In response to a point of order regarding the 
proper vote threshold prior to the question on final passage of the 
joint resolution, the Chair ruled that a majority vote threshold was 
required pursuant to the terms of House Resolution 842 and declined to 
entertain an appeal from such ruling because the terms of that 
resolution were unambiguous (Feb. 13, 2020, p. _). The House adopted a 
similar resolution (by special order of business) setting a majority 
threshold for the vote on final passage of House Joint Resolution 17 in 
the 117th Congress (H. Res. 232, Mar. 16, 2021, p. _)

  The yeas and nays are not required to pass a joint resolution 
proposing to amend the Constitution (V, 7038-7039; VIII, 3506).

  Question has arisen as to the power of a State to recall, or rescind, 
its assent to a constitutional amendment (V, 7042; footnotes to 
Sec. Sec. 225, 234, infra) but has not been the subject of a final 
judicial determination (see Idaho v. Freeman, 529 F.Supp. 1107 (D. 
Idaho, 1981), judgment stayed sub nom. National Organization of Women v. 
Idaho, 455 U.S. 918 (1982), vacated and remanded to dismiss, 459 U.S. 
809 (1982)).


[[Page 87]]



Sec. 193. Decisions of the Court.

  Decisions  of the Supreme 
Court of the United States: National Prohibition Cases, 253 U.S. 350 
(1920); Hawke v. Smith, 253 U.S. 221 (1920); Dillon v. Gloss, 256 U.S. 
368 (1921); Leser v. Garnett, 258 U.S. 130 (1922); Coleman v. Miller, 
307 U.S. 433 (1939); Chandler v. Wise, 307 U.S. 474 (1939).