1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | *hj0001* |
---|
4 | 4 | | |
---|
5 | 5 | | HOUSE JOINT RESOLUTION 1 |
---|
6 | 6 | | P5, D5 4lr1101 |
---|
7 | 7 | | CF 4lr2163 |
---|
8 | 8 | | By: Delegates Patterson, Lopez, Addison, Allen, Alston, Attar, Atterbeary, Bagnall, |
---|
9 | 9 | | Bartlett, Boafo, Boyce, Cardin, Chang, Charkoudian, Crosby, Crutchfield, |
---|
10 | 10 | | Cullison, Davis, Ebersole, Embry, Fair, Feldmark, Fennell, Foley, Forbes, |
---|
11 | 11 | | Fraser–Hidalgo, Grossman, Guyton, Guzzone, Harris, Harrison, Healey, |
---|
12 | 12 | | Henson, Hill, Holmes, Ivey, D. Jones, Kaiser, Kerr, Lehman, J. Long, Love, |
---|
13 | 13 | | Martinez, Mireku–North, Palakovich Carr, Pasteur, Pena–Melnyk, Pruski, |
---|
14 | 14 | | Qi, Queen, Roberson, Rosenberg, Ruth, Shetty, Simmons, Smith, Solomon, |
---|
15 | 15 | | Stein, Stewart, Taveras, Terrasa, Toles, Turner, Valderrama, Vogel, Watson, |
---|
16 | 16 | | Wells, White Holland, Wilkins, Williams, Wilson, Wims, Woods, and Wu |
---|
17 | 17 | | Introduced and read first time: January 17, 2024 |
---|
18 | 18 | | Assigned to: Rules and Executive Nominations |
---|
19 | 19 | | |
---|
20 | 20 | | HOUSE JOINT RESOLUTION |
---|
21 | 21 | | |
---|
22 | 22 | | A House Joint Resolution concerning 1 |
---|
23 | 23 | | |
---|
24 | 24 | | Affirming the Federal Equal Rights Amendment 2 |
---|
25 | 25 | | |
---|
26 | 26 | | FOR the purpose of urging the Administration of President Joseph R. Biden to publish, 3 |
---|
27 | 27 | | without delay, the federal Equal Rights Amendment as the Twenty–eighth 4 |
---|
28 | 28 | | Amendment to the U.S. Constitution and urging the U.S. Congress to pass a joint 5 |
---|
29 | 29 | | resolution affirming the Equal Rights Amendment as the Twenty –eighth 6 |
---|
30 | 30 | | Amendment; and generally relating to the federal Equal Rights Amendment. 7 |
---|
31 | 31 | | |
---|
32 | 32 | | WHEREAS, In 1972, the 92nd Congress of the United States, at its second session, 8 |
---|
33 | 33 | | in both houses, by a constitutional majority of two–thirds, adopted the following proposition 9 |
---|
34 | 34 | | to amend the U.S. Constitution: 10 |
---|
35 | 35 | | |
---|
36 | 36 | | “JOINT RESOLUTION RESOLVED BY THE HOUSE OF REPRESENTATIVES 11 |
---|
37 | 37 | | AND SENATE OF THE UNITED STATE S OF AMERICA IN CONGRESS ASSEMBLED 12 |
---|
38 | 38 | | (TWO–THIRDS OF EACH HOUSE CONCURRING THEREIN), That the following article 13 |
---|
39 | 39 | | is proposed as an amendment to the Constitution of the United States, which shall be valid 14 |
---|
40 | 40 | | to all intents and purposes as a part of the Constitution when ratified by the legislatures 15 |
---|
41 | 41 | | of three–fourths of the several States within seven years from the date of its submission by 16 |
---|
42 | 42 | | the Congress: 17 |
---|
43 | 43 | | |
---|
44 | 44 | | ARTICLE ______ 18 |
---|
45 | 45 | | |
---|
46 | 46 | | Section 1. Equality of rights under the law shall not be denied or abridged by the 19 |
---|
47 | 47 | | United States or by any State on account of sex. 20 2 HOUSE JOINT RESOLUTION 1 |
---|
48 | 48 | | |
---|
49 | 49 | | |
---|
50 | 50 | | |
---|
51 | 51 | | Section 2. The Congress shall have the power to enforce, by appropriate legislation, 1 |
---|
52 | 52 | | the provisions of this article. 2 |
---|
53 | 53 | | |
---|
54 | 54 | | Section 3. This amendment shall take effect two years after the date of ratification.”; 3 |
---|
55 | 55 | | and 4 |
---|
56 | 56 | | |
---|
57 | 57 | | WHEREAS, Article V of the U.S. Constitution provides a two–step procedure for the 5 |
---|
58 | 58 | | adoption of an amendment; and 6 |
---|
59 | 59 | | |
---|
60 | 60 | | WHEREAS, The first requirement for the adoption of an amendment under Article 7 |
---|
61 | 61 | | V is the proposal of an amendment either by a two–thirds vote of both houses of Congress, 8 |
---|
62 | 62 | | or by a convention called by application of two–thirds of the states; and 9 |
---|
63 | 63 | | |
---|
64 | 64 | | WHEREAS, The second requirement for the adoption of an amendment under 10 |
---|
65 | 65 | | Article V is ratification of an amendment by three–fourths of the states; and 11 |
---|
66 | 66 | | |
---|
67 | 67 | | WHEREAS, The U.S. Constitution does not limit the time for states to ratify an 12 |
---|
68 | 68 | | amendment and does not grant Congress the authority to unilaterally limit the time by 13 |
---|
69 | 69 | | which an amendment may be ratified; and 14 |
---|
70 | 70 | | |
---|
71 | 71 | | WHEREAS, A time limitation for the ratification of amendments by the states would 15 |
---|
72 | 72 | | be a substantive change to the U.S. Constitution; and 16 |
---|
73 | 73 | | |
---|
74 | 74 | | WHEREAS, To have full force and effect, a substantive change to the U.S. 17 |
---|
75 | 75 | | Constitution must be within the text of an amendment so that it may be ratified by the 18 |
---|
76 | 76 | | states as part of the requirements of Article V; and 19 |
---|
77 | 77 | | |
---|
78 | 78 | | WHEREAS, The time limitation on state ratifications was in the preamble section of 20 |
---|
79 | 79 | | the resolution by Congress and not within the text of the amendment presented to states 21 |
---|
80 | 80 | | for state approval; and 22 |
---|
81 | 81 | | |
---|
82 | 82 | | WHEREAS, Because of the placement of the time limitation, the states ratified the 23 |
---|
83 | 83 | | text of the Equal Rights Amendment but did not ratify the time limit by Congress; and 24 |
---|
84 | 84 | | |
---|
85 | 85 | | WHEREAS, A time limit was approved in the Equal Rights Amendment by Congress 25 |
---|
86 | 86 | | in 1972, but has not been subsequently approved by the states and thus is without force or 26 |
---|
87 | 87 | | effect; and 27 |
---|
88 | 88 | | |
---|
89 | 89 | | WHEREAS, In comparison, in 1978, Congress passed the District of Columbia 28 |
---|
90 | 90 | | Voting Rights Amendment, which included a time limitation within the text of the 29 |
---|
91 | 91 | | Amendment offered to the states for ratification; and 30 |
---|
92 | 92 | | |
---|
93 | 93 | | WHEREAS, The time limitation for the District of Columbia Voting Rights 31 |
---|
94 | 94 | | Amendment ended before ratification of the amendment by three–fourths of the states; and 32 |
---|
95 | 95 | | HOUSE JOINT RESOLUTION 1 3 |
---|
96 | 96 | | |
---|
97 | 97 | | |
---|
98 | 98 | | WHEREAS, Because the time limit was within the text of the District of Columbia 1 |
---|
99 | 99 | | Voting Rights Amendment, the time limit had full force and effect and the amendment 2 |
---|
100 | 100 | | expired in 1985; and 3 |
---|
101 | 101 | | |
---|
102 | 102 | | WHEREAS, In comparison, the Twenty–first Amendment and the Twenty–second 4 |
---|
103 | 103 | | Amendment include time limitations within the text of each amendment, and the timelines 5 |
---|
104 | 104 | | were ratified by three–fourths of the states in accordance with the text of the amendments; 6 |
---|
105 | 105 | | and 7 |
---|
106 | 106 | | |
---|
107 | 107 | | WHEREAS, In 1789, the First Congress proposed, in accordance with Article V, the 8 |
---|
108 | 108 | | Madison Amendment relating to compensation of members of Congress; and 9 |
---|
109 | 109 | | |
---|
110 | 110 | | WHEREAS, Over 202 years later, the Madison Amendment was ratified by 10 |
---|
111 | 111 | | three–fourths of the states; and 11 |
---|
112 | 112 | | |
---|
113 | 113 | | WHEREAS, In 1992, having finally met the requirements of Article V, the Madison 12 |
---|
114 | 114 | | Amendment was published as the 27th Amendment to the U.S. Constitution by the 13 |
---|
115 | 115 | | Archivist of the United States during the Administration of President George H.W. Bush; 14 |
---|
116 | 116 | | and 15 |
---|
117 | 117 | | |
---|
118 | 118 | | WHEREAS, Following publication of the Madison Amendment by the Archivist of 16 |
---|
119 | 119 | | the United States, Congress affirmed the Madison Amendment as the Twenty–seventh 17 |
---|
120 | 120 | | Amendment to the U.S. Constitution; and 18 |
---|
121 | 121 | | |
---|
122 | 122 | | WHEREAS, As of January 27, 2020, three–fourths of the states have ratified the 19 |
---|
123 | 123 | | Equal Rights Amendment; and 20 |
---|
124 | 124 | | |
---|
125 | 125 | | WHEREAS, Unlike the District of Columbia Voting Rights Amendment, the Equal 21 |
---|
126 | 126 | | Rights Amendment does not contain a time limit in its text where it would be of full force 22 |
---|
127 | 127 | | and effect; and 23 |
---|
128 | 128 | | |
---|
129 | 129 | | WHEREAS, In contrast to the Madison Amendment, which took 203 years to ratify, 24 |
---|
130 | 130 | | the Equal Rights Amendment took only 48 years to ratify; and 25 |
---|
131 | 131 | | |
---|
132 | 132 | | WHEREAS, The text of Article V of the U.S. Constitution grants the states the power 26 |
---|
133 | 133 | | of ratification, not rescission; and 27 |
---|
134 | 134 | | |
---|
135 | 135 | | WHEREAS, Samuel Johnson’s dictionary of 1755 defines “ratify” as “to confirm; to 28 |
---|
136 | 136 | | settle”; and 29 |
---|
137 | 137 | | |
---|
138 | 138 | | WHEREAS, Bouvier’s Law Dictionary of 1856, considered to be the first American 30 |
---|
139 | 139 | | legal dictionary, states that a ratification once done, “cannot be revoked or recalled”; and 31 |
---|
140 | 140 | | |
---|
141 | 141 | | WHEREAS, James Madison wrote in a July 20, 1788, letter to Alexander Hamilton 32 |
---|
142 | 142 | | that ratification is “in toto and for ever”; and 33 |
---|
143 | 143 | | 4 HOUSE JOINT RESOLUTION 1 |
---|
144 | 144 | | |
---|
145 | 145 | | |
---|
146 | 146 | | WHEREAS, Various attempts to rescind ratifications of provisions of the U.S. 1 |
---|
147 | 147 | | Constitution or its amendments, including the Fourteenth, Fifteenth, and Nineteenth 2 |
---|
148 | 148 | | Amendments, have never been honored; and 3 |
---|
149 | 149 | | |
---|
150 | 150 | | WHEREAS, The General Assembly of Maryland set a precedent for this resolution 4 |
---|
151 | 151 | | in 1961 by passing House Joint Resolution 14 urging Congress to pass the Equal Rights 5 |
---|
152 | 152 | | Amendment; and 6 |
---|
153 | 153 | | |
---|
154 | 154 | | WHEREAS, Maryland was one of th e early states to ratify the Equal Rights 7 |
---|
155 | 155 | | Amendment in May 1972, two months after Congress proposed it for ratification; and 8 |
---|
156 | 156 | | |
---|
157 | 157 | | WHEREAS, Maryland adopted the Maryland Equal Rights Amendment to the 9 |
---|
158 | 158 | | Maryland Constitution in 1972; and 10 |
---|
159 | 159 | | |
---|
160 | 160 | | WHEREAS, The Maryland E qual Rights Amendment is only effective to the degree 11 |
---|
161 | 161 | | that it does not conflict with federal law; and 12 |
---|
162 | 162 | | |
---|
163 | 163 | | WHEREAS, The Maryland Attorney General filed an amicus brief in 2022 in support 13 |
---|
164 | 164 | | of a lawsuit brought by three ratifying states to require the Archivist of the United States 14 |
---|
165 | 165 | | to certify and publish the Equal Rights Amendment as an amendment to the U.S. 15 |
---|
166 | 166 | | Constitution; and 16 |
---|
167 | 167 | | |
---|
168 | 168 | | WHEREAS, Over several decades, the General Assembly of Maryland has passed 17 |
---|
169 | 169 | | laws and created protections attempting to guarantee equal rights under the law for all 18 |
---|
170 | 170 | | Marylanders, regardless of race, color, ethnicity, national origin, age, disability, creed, 19 |
---|
171 | 171 | | religion, or sex – which includes legal equality and protection from discrimination on the 20 |
---|
172 | 172 | | basis of sexual orientation, gender identity, gender expression, pregnancy, pregnancy 21 |
---|
173 | 173 | | outcomes, and decisions regarding reproductive healthcare or other aspects of an 22 |
---|
174 | 174 | | individual’s bodily autonomy; now, therefore, be it 23 |
---|
175 | 175 | | |
---|
176 | 176 | | RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That it is the 24 |
---|
177 | 177 | | opinion of the General Assembly of Maryland that the Equal Rights Amendment meets the 25 |
---|
178 | 178 | | requirements of Article V of the U.S. Constitution and should be recognized as the 28th 26 |
---|
179 | 179 | | Amendment; and be it further 27 |
---|
180 | 180 | | |
---|
181 | 181 | | RESOLVED, That the General Assembly of Maryland urges the Administration of 28 |
---|
182 | 182 | | President Joseph R. Biden to publish, without delay, the Equal Rights Amendment as the 29 |
---|
183 | 183 | | 28th Amendment to the U.S. Constitution; and be it further 30 |
---|
184 | 184 | | |
---|
185 | 185 | | RESOLVED, That the General Assembly of Maryland urges the Congress of the 31 |
---|
186 | 186 | | United States to pass a joint resolution affirming the Equal Rights Amendment as the 28th 32 |
---|
187 | 187 | | Amendment to the U.S. Constitution; and be it further 33 |
---|
188 | 188 | | |
---|
189 | 189 | | RESOLVED, That the General Assembly of Maryland calls on other states to join in 34 |
---|
190 | 190 | | this action by passing similar resolutions; and be it further 35 |
---|
191 | 191 | | HOUSE JOINT RESOLUTION 1 5 |
---|
192 | 192 | | |
---|
193 | 193 | | |
---|
194 | 194 | | RESOLVED, That a copy of this Resolution be forwarded by the Department of 1 |
---|
195 | 195 | | Legislative Services to the Honorable Joseph R. Biden, President of the United States of 2 |
---|
196 | 196 | | America, 1600 Pennsylvania Avenue NW, Washington, D.C. 20500; the Honorable Kamala 3 |
---|
197 | 197 | | Harris, Vice President of the United States, President of the United States Senate, Senate 4 |
---|
198 | 198 | | Office Building, Washington, D.C. 20510; the Honorable Colleen Joy Shogan, Archivist of 5 |
---|
199 | 199 | | the United States, National Archives and Records Administration, 700 Pennsylvania 6 |
---|
200 | 200 | | Avenue NW, Washington, D.C. 20408; the Maryland Congressional Delegation; and the 7 |
---|
201 | 201 | | presiding officer of each House of the legislature of each state of the United States, with 8 |
---|
202 | 202 | | the request that it be circulated among leadership of the legislative branch of the state 9 |
---|
203 | 203 | | governments. 10 |
---|