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U.S. Senate Vacancies: How Are They Filled? [August 20, 2021]
From the Document: "Vacancies in the membership of the U.S. Senate can occur as the result of the resignation, death, or expulsion of a Member, or the refusal of the Senate to seat a Senator-elect. Article I, Section 3, clause 2 of the Constitution originally vested the power of appointment to fill Senate vacancies exclusively with the state governors when the legislatures were in recess, with the state legislatures authorized to elect replacements to serve the balance of the term at their next session. The Seventeenth Amendment, ratified in 1913, provided for direct election of Senators and directed governors to issue writs of election to fill vacancies. It also authorized state legislatures to empower governors to make temporary appointments until successors can be elected. At present, 45 states authorize their governors to appoint a Senator to fill a vacancy until a replacement is elected. Five states, however, provide that Senate vacancies may be filled only by election."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2021-08-20
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Electoral College: Options for Change and 117th Congress Proposals [April 2, 2021]
From the Document: "American voters elect the President and Vice President of the United States indirectly: they vote in their states and the District of Columbia for presidential electors pledged to the candidates of their choice. The electors are known collectively as the electoral college. Article II, Section 1 of the U.S. Constitution assigns to each state a number of electors equal to the total of the state's Senators and Members of the House of Representatives, a total of 538 at present, including three electors for the District of Columbia provided by the Twenty-third Amendment. The Twelfth Amendment requires that candidates for President and Vice President each win a majority of the electoral votes cast for their office to be elected. Candidates for the office of presidential elector are nominated by the state political parties. In 48 of 50 states, the candidates winning the most popular votes win all the state's electoral votes, the general ticket or 'winner-take-all' (WTA) system; Maine and Nebraska are the only exceptions, awarding electoral votes on combined statewide and congressional district totals."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2021-04-02
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Twenty-Fifth Amendment: Sections 3 and 4--Presidential Disability [February 5, 2021]
From the Document: "The Twenty-Fifth Amendment, proposed by Congress in 1965 and ratified by the states in 1967, provides for presidential succession, vice presidential vacancies, and presidential disability. Presidential inability or disability is specifically covered in Section 3, whereby the President may declare a disability, and Section 4, whereby a disability is declared by the Vice President and a majority of the Cabinet or such other body as may be established by law."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2021-02-05
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House of Representatives Vacancies: How Are They Filled? [January 8, 2021]
From the Document: "Vacancies in the office of U.S. Representative occur when an incumbent Member dies, resigns, or leaves office for any reason before the end of their term. Multiple special elections to fill vacancies in the House of Representatives typically take place in each Congress. The same procedures apply if a Representative-elect dies between the election and the day on which the new Congress to which they were elected convenes."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2021-01-08
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Electoral College: A 2020 Presidential Election Timeline [Updated October 22, 2020]
From the Document: "Every four years, the election process for President and Vice President follows a familiar timeline of events. At the same time, a related series of procedures governing electoral college actions proceeds on a parallel track. This report focuses on the electoral college timeline for the 2020 presidential election."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2020-10-22
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Presidential Elections: Vacancies in Major-Party Candidacies and the Position of President-Elect [Updated October 9, 2020]
From the Summary: "What would happen in 2020 if a candidate for President or Vice President were to die or leave the ticket any time between the national party conventions and the November 3 election day? What would happen if this occurred during presidential transition, either between election day and the December 14, 2020, meeting of the electoral college; or between December 14 and the inauguration of the President and Vice President on January 20, 2021? Procedures to fill these vacancies differ depending on when they occur."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2020-10-09
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Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis [Updated October 6, 2020]
From the Introduction: "The 12th Amendment to the Constitution provides backup, or standby, procedures by which the House of Representatives would elect the President, and the Senate the Vice President, in the event no candidate wins a majority of electoral votes. Although this procedure, known as contingent election, has been implemented only once for each office since the amendment's ratification, the failure to win an electoral college majority is theoretically possible in any presidential election. Some contingencies that might lead to an electoral college deadlock include [1] an election that is closely contested by two major candidates, leading to a tie vote in the electoral college; [2] one in which multiple candidates gain electoral votes so that no candidate wins a majority; or [3] an election where a number of electors sufficient to deny a majority to any candidate votes against the candidates to whom they are pledged. Any one of these developments would require Congress to consider and discharge functions of great constitutional significance. Moreover, the magnitude of these responsibilities might well be further highlighted by the fact that an electoral college deadlock would arguably lead to a period of protracted and contentious political struggle. This report examines constitutional requirements and historical precedents associated with the contingent election process. It also identifies and evaluates contemporary issues that might emerge in the modern context."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2020-10-06
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Electoral College: A 2020 Presidential Election Timeline [September 3, 2020]
From the Introduction: "During the course of a presidential election year, the election process for the President and Vice President goes forward within a familiar timeline of events. At the same time these events are taking place, a related series of procedures that governs the actions of the electoral college progresses on a parallel track. This report focuses on the electoral college timeline for the 2020 presidential election."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2020-09-03
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Presidential Succession: Perspectives and Contemporary Issues for Congress [July 14, 2020]
From the Summary: "Succession to the office of President of the United States is provided for by the Twenty-Fifth Amendment to the U.S. Constitution and Title 3, Section 19 of the U.S. Code (3 U.S.C. §19). [...] For some years prior to 9/11, and continuing since that event, observers and scholars of presidential succession have questioned certain aspects of existing succession law. Some of these center on the following issues. Do the Speaker and President pro tempore qualify as 'officers' under the Constitution's succession provisions? Are senior congressional leaders best qualified to serve as acting chief executive? Would the succession of a congressional leader of a different party than t he departed incumbent overturn 'the people's choice' in the previous presidential election? Would the nation be well served by the 'bumping' procedure described above? Has the nation taken adequate precautions in the event a candidate or candidates were to die or leave the ticket at any one of several stages between election day and the January 20 presidential inauguration? These and other related issues are examined in this report."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2020-07-14
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Proposed Equal Rights Amendment: Contemporary Ratification Issues [Updated December 23, 2019]
From the Summary: "The proposed Equal Rights Amendment to the U.S. Constitution (ERA) declares that 'equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex….' The ERA was approved by Congress for ratification by the states in 1972; the amendment included a customary, but not constitutionally mandated, seven-year deadline for ratification. Between 1972 and 1977, 35 state legislatures, of the 38 required by the Constitution, voted to ratify the ERA. Despite a congressional extension of the deadline from 1979 to 1982, no additional states approved the amendment during the extended period, at which time the amendment was widely considered to have expired. After 23 years in which no additional state voted to ratify the ERA, the situation changed when Nevada and Illinois approved the amendment, in March 2017 and May 2018, respectively. In addition, a change in party control of the Virginia legislature in the 2019 elections raised hopes among ERA supporters that this state might also vote to ratify, which would bring the number of approvals to 38, the requirement set by Article V for validation of a proposed amendment as part of the Constitution. In the context of these developments, ERA proponents have renewed efforts to restart the ratification process. These actions center on the assertion that because the amendment did not include a ratification deadline 'within the amendment text', it remains potentially viable and eligible for ratification indefinitely."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2019-12-23
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NPV--the National Popular Vote Initiative: Proposing Direct Election of the President Through an Interstate Compact [Updated October 29, 2019]
From the Document: "The NPV [National Popular Vote] Initiative proposes an interstate compact, an agreement among the states that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. Each state that joins the NPV agrees to appoint electors pledged to the candidates who won the nationwide popular vote. Election authorities in the member states would count and certify the vote, which would be aggregated and certified as 'the nationwide popular vote.' Member state legislatures would then appoint the slate of electors pledged to the nationwide popular vote winner. They would do this regardless of who won the popular vote in their state. The compact would come into effect only if its success were assured--that is, only after states controlling a majority of electoral votes (270 or more) had joined the compact. States could withdraw from the compact, but if they did so within six months of a presidential election, the withdrawal would not take effect until after that election."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2019-10-29
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National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact [Updated October 28, 2019]
From the Summary: "The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution's grant of authority to the states in Article II, Section 1 to appoint presidential electors 'in such Manner as the Legislature thereof may direct.... ' Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state's electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The compact would, however, come into effect only if its success has been assured; that is, only if states controlling a majority of electoral votes (270 or more) join the compact. At present, 15 states and the District of Columbia, jointly accounting for 196 electoral votes, have joined the compact."
Library of Congress. Congressional Research Service
Nolan, Andrew; Neale, Thomas H.
2019-10-28
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National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact [Updated May 9, 2019]
From the Summary: "The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. [...] The NPV initiative emerged following the presidential election of 2000, in which one ticket gained an electoral vote majority, winning the presidency, but received fewer popular votes than its opponents. NPV grew out of subsequent discussions among scholars and activists about how to avoid similar outcomes in the future and to achieve direct popular election. [...] This report monitors the NPV's progress in the states and will identify and analyze further developments as warranted."
Library of Congress. Congressional Research Service
Neale, Thomas H.; Nolan, Andrew
2019-05-09
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NPV--The National Popular Vote Initiative: Proposing Direct Election of the President Through an Interstate Compact [April 25, 2019]
From the Document: "NPV's [National Popular Vote] origins can be traced to the 2000 presidential election. In that contest, Republican nominee George W. Bush won the presidency with a majority of 271 electoral votes to his Democratic opponent Al Gore Jr.'s 266, but Gore received 537,209 more popular votes nationwide than his opponent. This outcome, sometimes referred to as an electoral college 'misfire,' particularly by opponents of the system, occurred because (1) the Constitution requires a majority of electoral votes, not popular votes, to win; and (2) most states award electoral votes on a 'winner-take-all' basis--the popular vote winner takes all the state's electoral votes, while none are allocated to the runner-up. It is therefore possible to win the presidency by winning in states that control an electoral vote majority, while the opposing candidate wins more popular votes nationwide, but fewer votes in the electoral college."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2019-04-25
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Presidential Terms and Tenure: Perspectives and Proposals for Change [Updated April 15, 2019]
From the Introduction: "The issue of the President and Vice President's term of office is generally regarded as an accepted constitutional norm that arouses little controversy in the 21st century. Both the four-year term and the venerable two-term tradition, initiated by George Washington and ultimately incorporated in the Constitution in 1951 by the Twenty-Second Amendment, appear to be fixed elements in the nation's political landscape. In marked comparison, the issues of tenure and reelection of the President, and of the Vice President (an office added almost as an afterthought during the Constitutional Convention of 1787), were the subject of intense and prolonged debate during the Philadelphia gathering. Delegates argued for three months over the length of the presidential term and whether the chief executive should be eligible for reelection before reaching a compromise package of provisions--a four-year term, and eligibility for reelection--several days before the convention adjourned."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2019-04-15
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Presidential Disability Under the Twenty-Fifth Amendment: Constitutional Provisions and Perspectives for Congress [November 5, 2018]
"Sections 3 and 4 of the Twenty-Fifth Amendment to the U.S. Constitution provide for presidential disability or inability. Section 3 of the amendment sets the procedure whereby a President may declare himself or herself 'unable to discharge the powers and duties' of the office by transmitting a written declaration to this effect to the President pro tempore of the Senate (President pro tem) and the Speaker of the House of Representatives (Speaker). For the duration of the disability, the Vice President discharges the President's powers and duties as Acting President. When the President transmits 'a written declaration to the contrary' to the President pro tem and the Speaker, he or she resumes the powers and duties of the office. [...] Section 4 provides for instances of contingent presidential disability. It was intended by the Twenty-Fifth Amendment's authors to provide for cases in which a President was unable or unwilling to declare a disability. In these circumstances, the section authorizes the Vice President and a majority of either the Cabinet, or such other body established by law (a presidential disability review body), 'acting jointly,' to declare the President to be disabled. When they transmit a written message to this effect to the President pro tem and the Speaker, the Vice President immediately assumes the powers and duties of the office as Acting President."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2018-11-05
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National Popular Vote (NPV ) Initiative: Direct Election of the President by Interstate Compact [October 25, 2018]
"The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution's grant of authority to the states in Article II, Section 1 to appoint presidential electors 'in such Manner as the Legislature thereof may direct....' Any state that joins the NPV compact pledges to award all its electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The number of electoral votes won by the national popular vote winners would depend on the number of electoral votes controlled by NPV member states. The compact would, however, come into effect only if its success has been assured; that is, only if states controlling a majority of electoral votes (270 or more) join the compact. Recent action by the Connecticut legislature to join the compact has generated renewed interest in the NPV initiative. At the time of this writing, 11 states and the District of Columbia, which jointly control 172 electoral votes, have joined the compact."
Library of Congress. Congressional Research Service
Neale, Thomas H.; Nolan, Andrew
2018-10-25
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Proposed Equal Rights Amendment: Contemporary Ratification Issues [July 18, 2018]
"On July 20, 1923, the National Woman's Party (NWP) met in Seneca Falls, New York, to commemorate the 75th anniversary of the historic Seneca Falls Convention and celebrate the 1920 ratification of the Nineteenth Amendment, by which women won the right to vote. At the meeting, NWP leader Alice Paul announced her next project would be to develop and promote a new constitutional amendment, guaranteeing equal rights and equality under the law in the United States to women and men. Paul, a prominent suffragist, noted the recent ratification of the Nineteenth Amendment, which established the right of women to vote. She characterized an 'equal rights' amendment as the next logical step for the women's movement. The proposed amendment was first introduced six months later, in December 1923, in the 68th Congress. Originally named 'the Lucretia Mott Amendment,' in honor of the prominent 19th century abolitionist, women's rights activist, and social reformer, the draft amendment stated that, 'men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.'"
Library of Congress. Congressional Research Service
Neale, Thomas H.
2018-07-18
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U.S. Senate Vacancies: Contemporary Developments and Perspectives [November 30, 2017]
"United States Senators serve a term of six years. Vacancies occur when an incumbent Senator leaves office prematurely for any reason; they may be caused by death or resignation of the incumbent, by expulsion or declination (refusal to serve), or by refusal of the Senate to seat a Senator-elect or -designate. Aside from the death or resignation of individual Senators, Senate vacancies often occur in connection with a change in presidential administrations, if an incumbent Senator is elected to executive office, or if a newly elected or reelected President nominates an incumbent Senator or Senators to serve in some executive branch position. The election of 2008 was noteworthy in that it led to four Senate vacancies as two Senators, Barack H. Obama of Illinois and Joseph R. Biden of Delaware, were elected President and Vice President, and two additional Senators, Hillary R. Clinton of New York and Ken Salazar of Colorado, were appointed Secretaries of State and the Interior, respectively. [...] Following the emergence of controversies in connection with the Senate vacancy created by the resignation of Senator Barack Obama in 2008, several states eliminated or restricted their governors' authority to fill Senate vacancies by appointment, while both legislation and a constitutional amendment that would have required all Senate vacancies to be filled by special election were introduced in the 111th Congress. None of these measures reached the floor of either chamber, however, and no comparable measures have been introduced since that time."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2017-11-30
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Article V Convention to Propose Constitutional Amendments: Current Developments [November 15, 2017]
"Article V of the U.S. Constitution provides two procedures for amending the nation's fundamental charter: proposal of amendments by Congress, by a vote of two-thirds of the Members of both houses, and proposal by a convention, generally referred to as an 'Article V Convention,' called on the application of the legislatures of two-thirds (34) of the states. Amendments proposed by either method must be ratified by three-fourths (38) of the states in order to become part of the Constitution. This report provides information for Members of Congress and congressional staff on current developments in Congress, the states, and the relevant advocacy and policy communities concerning the Article V Convention alternative."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2017-11-15
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Electoral College Reform: Contemporary Issues for Congress
"The electoral college has been the subject of criticism and proposals for reform since before 1800. Constitutional and structural criticisms have centered on several of its features: (1) although today all electors are chosen by the voters in the presidential election, it is claimed to be not fully democratic, since it provides indirect election of the President; (2) it can lead to the election of candidates who win the electoral college but fewer popular votes than their opponents, or to contingent election in Congress if no candidate wins an electoral college majority; (3) it results in electoral vote under- and over-representation for some states between censuses; and (4) 'faithless' electors can vote for candidates other than those they were elected to support. Legislative and political criticisms include (1) the general ticket system, currently used in all states except Maine and Nebraska, which is alleged to disenfranchise voters who prefer the losing candidates in the states; (2) various asserted 'biases' that are alleged to favor different states and groups; and (3) the electoral college 'lock,' which has been claimed to provide an electoral college advantage to both major parties at different times."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2017-10-06
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Electoral College: How It Works in Contemporary Presidential Elections [May 15, 2017]
"When Americans vote for a President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the electoral college system are responsible for election of the President and Vice President. The 2016 presidential contest was noteworthy for the first 'simultaneous' occurrence in presidential election history of four rarely occurring electoral college eventualities. These included (1) the election of a President and Vice President who received fewer popular votes than their major opponents; (2) the actions of seven 'faithless electors,' who voted for candidates other than those to whom they were pledged; (3) the split allocation of electoral votes in Maine, which uses the district system to allocate electors; and (4) objections to electoral votes at the joint session of Congress to count the votes. These events are examined in detail in the body of this report."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2017-05-15
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U.S. Senate Vacancies: Contemporary Developments and Perspectives [March 10, 2017]
From the Introduction: "This report discusses the latest developments in vacancies in the Senate; identifies state provisions to appoint or elect Senators to fill vacancies; and reviews the constitutional origins of the appointments provision and its incorporation in the Seventeenth Amendment."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2017-03-10
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Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis [November 3, 2016]
From the Introduction: "The 12th Amendment to the Constitution provides backup, or standby, procedures by which the House of Representatives would elect the President, and the Senate the Vice President, in the event no candidate wins a majority of electoral votes. Although this procedure, known as contingent election, has been implemented only once for each office since the amendment's ratification, the failure to win an electoral college majority is theoretically possible in any presidential election. Some contingencies that might lead to an electoral college deadlock include: [1] An election that is closely contested by two major candidates, leading to a tie vote in the electoral college; [2] One in which multiple candidates gain electoral votes so that no candidate wins a majority; or [3] An election where a number of electors sufficient to deny a majority to any candidate votes against the candidates to whom they are pledged. Any one of these developments would require Congress to consider and discharge functions of great constitutional significance. Moreover, the magnitude of these responsibilities might well be further highlighted by the fact that an electoral college deadlock would arguably lead to a period of protracted and contentious political struggle. This report examines constitutional requirements and historical precedents associated with the contingent election process. It also identifies and evaluates contemporary issues that might emerge in the modern context."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-11-03
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Presidential Elections: Vacancies in Major- Party Candidacies and the Position of President-Elect [October 6, 2016]
"What would happen in 2016 if a candidate for President or Vice President were to die or leave the ticket any time between the national party conventions and the November 8 election day? What would happen if this occurred during presidential transition, either between election day and the December 19, 2016, meeting of the electoral college; or between December 19 and the inauguration of the President and Vice President on January 20, 2017? Procedures to fill these vacancies differ depending on when they occur. […] Succession procedures during the presidential election campaign period and the transition are governed by party rules, federal law, and constitutional requirements. […] It may be assumed that party rules would be adequate to provide for some future incident, although an extremely volatile post-election political climate or the prospect of a faithless elector or electors might introduce complicating factors, as noted previously in this report. With respect to the transition period itself, the 20th and 25th Amendments have anticipated most potential contingencies, and could be implemented to address a succession issue during the period between the meetings of the electoral college and inauguration of the President."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-10-06
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Electoral College: How It Works in Contemporary Presidential Elections [April 13, 2016]
"When Americans vote for a President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the electoral college system are responsible for one of the most important processes of the American political and constitutional system: election of the President and Vice President. A failure to elect a President, or worse, the choice of a chief executive whose legitimacy might be open to question, could precipitate a constitutional crisis that would require prompt, judicious, and well-informed action by Congress."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-04-13
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Article V Convention to Propose Constitutional Amendments: Current Developments [March 29, 2016]
From the Introduction: "Article V of the U.S. Constitution provides two alternatives for amending the nation's fundamental charter: proposal of amendments to the states by vote of two-thirds of the Members of both houses of Congress, and proposal by a convention called as a result of applications from two-thirds of the states, the 'Article V Convention.' From the 1960s to the 1980s, supporters of Article V Conventions mounted vigorous but ultimately unsuccessful campaigns to call conventions to consider such issues as school busing to achieve racial balance, restrictions on abortion, apportionment in state legislatures, and a balanced federal budget. Since approximately 2010, after more than 20 years of comparative inaction, the Article V Convention alternative has drawn a new generation of supporters. Advocacy groups across a broad range of the political spectrum are pushing for conventions to consider various amendments. This report provides information for Members of Congress and congressional staff on current developments in Congress, the states, and the advocacy community on the Article V Convention alternative."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-03-29
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Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress [March 29, 2016]
"Article V of the U.S. Constitution provides two ways to amend the nation's fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure that has been used for all 27 current amendments. Alternatively, on the application of the legislatures of two-thirds of the states, 34 at present, Article V directs that Congress 'shall call a Convention for proposing Amendments....' This alternative, known as an 'Article V Convention,' has yet to be implemented. This report examines the Article V Convention alternative, focusing on related contemporary issues for Congress. […] This report identifies a range of policy questions Congress might face if an Article V Convention seemed imminent. Some of these include the following: what constitutes a legitimate state application? Does Congress have discretion as to whether it must call a convention? What legislative vehicle would be appropriate to call a convention? Could a convention consider any issue, or would it be limited to the specific issue cited in state applications? Could a 'runaway' convention propose amendments outside its mandate? Could Congress choose not to propose a convention-approved amendment to the states? What role, if any, does the President have? What role would Congress have in the mechanics of a convention, including rules of procedure and voting, number and apportionment of delegates, funding and duration, service by Members of Congress, and other related questions?"
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-03-29
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Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress [April 11, 2014]
"Article V of the U.S. Constitution provides two ways of amending the nation's fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure used for all 27 current amendments. Alternatively, if the legislatures of two-thirds of the states apply, 34 at present, Congress 'shall call a Convention for proposing Amendments....' This alternative, known as an Article V Convention, has yet to be implemented. This report examines the Article V Convention, focusing on contemporary issues for Congress. CRS [Congressional Research Service] Report R42592, 'The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress' examines the procedure's constitutional origins and history and provides an analysis of related state procedures. Significant developments in this issue have occurred recently: in March 2014, the Georgia Legislature applied for a convention to consider a balanced federal budget amendment, revoking its rescission of an earlier application; in April 2014, Tennessee took similar action. While both applications are valid, they may revive questions as to the constitutionality of rescissions of state applications for an Article V Convention and whether convention applications are valid indefinitely. Either issue could have an impact on the prospects for a convention. In other recent actions, the legislatures of Ohio, in November 2013, and Michigan, in March 2014, applied to Congress for an Article V Convention to consider a balanced federal budget amendment; these are the first new state applications since 1982 and are also the 33rd and 34th applications for the balanced budget amendment convention."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2014-04-11
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Proposed Equal Rights Amendment: Contemporary Ratification Issues [April 8, 2014]
"In July 1923, at a conference held to commemorate the 75th anniversary of the historic Seneca Falls Convention, women's suffrage leader and feminist Alice Paul announced her intention to develop and promote a new constitutional amendment. Originally named the Lucretia Mott Amendment for the prominent 19th century abolitionist, women's rights activist, and social reformer, it was intended to guarantee equality under the law for men and women. It was proposed in the context of the 1920 ratification of the Nineteenth Amendment, which established the right of women to vote: Paul, a prominent suffragist and member of the National Women's Party, characterized the amendment as the next logical step for the women's movement. The proposed 'Mott Amendment' originally stated that 'men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.' The proposed amendment was first introduced six months later, in December 1923, in the 68th Congress. […] This report examines the legislative history of the various proposals that ultimately emerged as the proposed Equal Rights Amendment and both identifies and provides an analysis of contemporary factors that may bear on its present and future viability."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2014-04-08
