[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