South Carolina Legislature


 

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H 4858
Session 109 (1991-1992)


H 4858 Joint Resolution, By S.E. Gonzales, Bailey, R.A. Barber, D.M. Beasley, 
H. Brown, D.M. Bruce, C.D. Chamblee, H.H. Clyborne, Fair, J.P. Harrelson, 
B.H. Harwell, Haskins, D.N. Holt, Keegan, K.G. Kempe, A.C. McGinnis, 
D.E. McTeer, J. Rama, Rhoad, Vaughn, C.Y. Waites, C.C. Wells, Wilkes, Wilkins, 
J.B. Williams, D.A. Wright, R.M. Young and Young-Brickell
 A Joint Resolution to ratify a proposed an amendment to the Constitution of
 the United States to delay the effective date of any law varying the
 compensation of members of the United States Senate and House of
 Representatives until after an intervening election of members of the House of
 Representatives if a court of competent jurisdiction, appropriate official, or
 Act of Congress determines that the prior ratification by the General Assembly
 of this amendment on January 19, 1790, is invalid for purposes of promulgating
 the amendment.

   05/19/92  House  Introduced and read first time HJ-38
   05/19/92  House  Referred to Committee on Judiciary HJ-38



A JOINT RESOLUTION

TO RATIFY A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO DELAY THE EFFECTIVE DATE OF ANY LAW VARYING THE COMPENSATION OF MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES UNTIL AFTER AN INTERVENING ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IF A COURT OF COMPETENT JURISDICTION, APPROPRIATE OFFICIAL, OR ACT OF CONGRESS DETERMINES THAT THE PRIOR RATIFICATION BY THE GENERAL ASSEMBLY OF THIS AMENDMENT ON JANUARY 19, 1790, IS INVALID FOR PURPOSES OF PROMULGATING THE AMENDMENT.

Whereas, the Congress of the United States on March 4, 1789, adopted a resolution proposing the following amendment to the Constitution of the United States by adding a new article to read:

"Article

No Law Varying the Compensation for the services of the Senators and Representatives shall take effect, until an Election of Representatives shall have intervened."; and

Whereas, the above amendment has been submitted to the several states for ratification in accordance with the Constitution of the United States and was ratified by the General Assembly of this State on January 19, 1790; and

Whereas, it is the opinion of the General Assembly of the State of South Carolina that its 1790 ratification of this amendment is valid for purposes of promulgating the amendment, but that to insure that this State is counted among the states ratifying the amendment, by this joint resolution, the General Assembly provides for a subsequent ratification, if necessary. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The proposed amendment to the Constitution of the United States adding a new article to delay the effective date of any law varying the compensation of Senators and Representatives until after an intervening election of members of the House of Representatives as contained in the preamble of this resolution is ratified if a court of competent jurisdiction, appropriate official, or act of Congress determines that this State's prior ratification of the amendment is invalid for purposes of promulgating the amendment.

SECTION 2. Certified copies of this resolution must be forwarded immediately upon enactment by the Secretary of State of South Carolina to the Archivist of the United States, National Archives and Records Administration, Washington, D. C., to the President of the United States Senate, and to the Speaker of the United States House of Representatives.

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