MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Rules; Constitution

By: Senator(s) Burton

A CONCURRENT RESOLUTION POST-RATIFYING THE CONGRESSIONAL COMPENSATION AMENDMENT OF 1789 TO THE CONSTITUTION OF THE UNITED STATES STIPULATING THAT AN ELECTION OF THE UNITED STATES HOUSE OF REPRESENTATIVES INTERVENE BEFORE A VARIANCE IN THE COMPENSATION OF MEMBERS OF THE UNITED STATES CONGRESS MAY TAKE EFFECT. 

WHEREAS, Article V of the Constitution of the United States provides that amendments proposed to that document by the United States Congress shall be valid when ratified by the legislatures of three-fourths of the several states or by conventions in three-fourths of the states; and

WHEREAS, the First Congress of the United States in New York, New York, at a session begun March 4, 1789, proposed by a resolution which was adopted by a vote of two-thirds of both houses, that the following amendment to the Constitution of the United States be submitted to the legislatures of the several states for ratification:

"Congressional Compensation Amendment of 1789--No law, varying the compensation for the services of the [U.S.] Senators and [U.S.] Representatives, shall take effect, until an election of [U.S.] Representatives shall have intervened."; and

WHEREAS, the Legislature of the State of Mississippi acknowledges that the above-quoted Congressional Compensation Amendment of 1789 to the United States Constitution has already been ratified by the legislatures of the following states on the dates indicated, to wit:

Alabama on May 5, 1992 (138 Cong. Rec. H3729, H3739, S6845, S8387);

Alaska on May 5, 1989 (135 Cong. Rec. 14816, 19782; 138 Cong. Rec. S6842);

Arizona on April 3, 1985 (131 Cong. Rec. 8057, 9443; 138 Cong. Rec. S6838);

Arkansas on March 5, 1987 (134 Cong. Rec. 12562, 14023; 138 Cong. Rec. S6839);

California on June 26, 1992 (138 Cong. Rec. H10100, S18271, E2237);

Colorado on April 18, 1984 (131 Cong. Rec. 36505; 132 Cong. Rec. 22146; 138 Cong. Rec. S6837);

Connecticut on May 13, 1987 (133 Cong. Rec. 23571, 23648-9; 138 Cong. Rec. S6840);

Delaware on January 28, 1790 (138 Cong. Rec. S6833-4);

Florida on May 31, 1990 (136 Cong. Rec. H5198, S10091; 138 Cong. Rec. S6844);

Georgia on February 2, 1988 (134 Cong. Rec. 9155, 9525; 138 Cong. Rec. S6840);

Hawaii on April 29, 1994 (140 Cong. Rec. H3791, S7956);

Idaho on March 23, 1989 (135 Cong. Rec. 9140, 14572-3; 138 Cong. Rec. S6842);

Illinois on May 12, 1992 (138 Cong. Rec. H3729, H3739, S6846, S8387-8);

Indiana on February 19, 1986 (132 Cong. Rec. 6638, 8284; 138 Cong. Rec. S6839);

Iowa on February 7, 1989 (135 Cong. Rec. 5171, 5821; 138 Cong. Rec. S6841);

Kansas on April 5, 1990 (136 Cong. Rec. H1689, S9170, 12550-1; 138 Cong. Rec. S6843-4);

Kentucky on March 14, 1996 (142 Cong. Rec. H10236, S6661);

Louisiana on July 6, 1988 (134 Cong. Rec. 18470, 18760; 138 Cong. Rec. S6841);

Maine on April 27, 1983 (130 Cong. Rec. 24320, 25007-8; 138 Cong. Rec. S6836-7);

Maryland on December 19, 1789 (138 Cong. Rec. S6831-2);

Michigan on May 7, 1992 (138 Cong. Rec. H3093, S6845-6, S7026);

Minnesota on May 22, 1989 (135 Cong. Rec. 13623, 14147, 14475, 14573; 138 Cong. Rec. S6842-3);

Missouri on May 5, 1992 (138 Cong. Rec. H3924, S6845, S14974, E1532-3, E1634, E1651);

Montana on March 11, 1987 (133 Cong. Rec. 7428, 11618-9; 138 Cong. Rec. S6839-40);

Nevada on April 26, 1989 (135 Cong. Rec. 9996, 19926-7; 138 Cong. Rec. S6842);

New Hampshire on March 7, 1985 (131 Cong. Rec. 5987, 6689; 138 Cong. Rec. S6837);

New Jersey on May 7, 1992 (138 Cong. Rec. S6846);

New Mexico on February 13, 1986 (132 Cong. Rec. 3649, 3956-7, 4077; 138 Cong. Rec. S6838);

North Carolina on December 22, 1789 (138 Cong. Rec. S6832-3) and again on June 30, 1989 (139 Cong. Rec. S22);

North Dakota on March 25, 1991 (137 Cong. Rec. H2261, S10949; 138 Cong. Rec. S6844-5);

Ohio on May 6, 1873 (138 Cong. Rec. S6835-6);

Oklahoma on July 10, 1985 (131 Cong. Rec. 22898, 27963-4; 138 Cong. Rec. S6114-5, S6506, S6838);

Oregon on May 19, 1989 (135 Cong. Rec. 20442, 20519-20, 21589, 22413; 138 Cong. Rec. S6841);

Rhode Island on June 10, 1993 (139 Cong. Rec. H4681, S9981-2);

South Carolina on January 19, 1790 (138 Cong. Rec. S6833);

South Dakota on February 21, 1985 (131 Cong. Rec. 4299, 5815; 138 Cong. Rec. S6837);

Tennessee on May 23, 1985 (131 Cong. Rec. 21277, 22264, 27963; 138 Cong. Rec. S6838);

Texas on May 25, 1989 (135 Cong. Rec. 11818, 11900-1; 138 Cong. Rec. S6843);

Utah on February 25, 1986 (132 Cong. Rec. 12480, 13834-5; 133 Cong. Rec. 31424; 138 Cong. Rec. S6839);

Vermont on November 3, 1791 (138 Cong. Rec. S6834);

Virginia on December 15, 1791 (138 Cong. Rec. S6834-5);

Washington on April 6, 1995 (141 Cong. Rec. H9743, S7917);

West Virginia on March 10, 1988 (134 Cong. Rec. 8569, 8752; 138 Cong. Rec. S6840-1);

Wisconsin on June 30, 1987 (133 Cong. Rec. 23649, 24779, 24957, 25417, 26159-60; 138 Cong. Rec. S6840); and

Wyoming on March 3, 1978 (124 Cong. Rec. 7910, 8265-6; 133 Cong. Rec. 25418-9; 138 Cong. Rec. S6836); and

WHEREAS, the Legislature of the State of Mississippi further acknowledges that legislation to ratify the Congressional Compensation Amendment of 1789 has also received the approval of the House of Representatives of the Commonwealth of Pennsylvania on January 28, 1992; and

WHEREAS, the Legislature of the State of Mississippi further acknowledges that the Congressional Compensation Amendment of 1789 became part of the United States Constitution during the A.M. hours of May 7, 1992, when the Legislature of the State of Michigan became, at that time, the thirty-eighth state legislature to approve it; and

WHEREAS, the Legislature of the State of Mississippi further acknowledges that the Archivist of the United States on May 18, 1992, issued a proclamation published in the Federal Register concluding that the Congressional Compensation Amendment of 1789 had indeed been incorporated into the United States Constitution and that on May 20, 1992, both the United States Senate and the United States House of Representatives, by roll-call votes, did adopt resolutions in agreement with that conclusion; and

WHEREAS, although the Legislature of the State of Mississippi is fully cognizant that the Congressional Compensation Amendment of 1789 is already officially a part of the United States Constitution, it is important nevertheless that Mississippi place its stamp of approval upon the amendment as have forty-five other sovereign states:

NOW, THEREFORE, BE IT RESOLVED BY THE MISSISSIPPI STATE SENATE, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That the Congressional Compensation Amendment of 1789 to the Constitution of the United States, quoted above and transmitted by resolution of the First Congress be, and the same hereby is, post-ratified by the Legislature of the State of Mississippi during its 1997 Regular Session.

BE IT FURTHER RESOLVED, That the Secretary of State of the State of Mississippi be respectfully requested to transmit properly-attested copies of this concurrent resolution to the Archivist of the United States, pursuant to Pub. L. 98-497; to the Vice-President of the United States, as presiding officer of the U.S. Senate; to the Speaker of the U.S. House of Representatives; to both U.S. Senators and to all five U.S. Representatives from Mississippi with the request that this concurrent resolution be reproduced in full in the Congressional Record.