House Concurrent Resolution 68

A CONCURRENT RESOLUTION POST-RATIFYING THE CONGRESSIONAL COMPENSATION AMENDMENT OF 1789 TO THE CONSTITUTION OF THE UNITED STATES REQUIRING 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, May 5, 1992; Alaska, May 6, 1989; Arizona, April 3, 1985; Arkansas, March 6, 1987; California, June 26, 1992; Colorado, April 22, 1984; Connecticut, May 13, 1987; Delaware, January 28, 1790; Florida, May 31, 1990; Georgia, February 2, 1988; Hawaii, April 29, 1994; Idaho, March 23, 1989; Illinois, May 12, 1992; Indiana, February 24, 1986; Iowa, February 9, 1989; Kansas, April 5, 1990; Kentucky, June 27, 1792, and again, March 14, 1996; Louisiana, July 7, 1988; Maine, April 27, 1983; Maryland, December 19, 1789; Michigan, May 7, 1992; Minnesota, May 22, 1989; Missouri, May 5, 1992; Montana, March 17, 1987; Nevada, April 26, 1989; New Hampshire, March 7, 1985; New Jersey, May 7, 1992; New Mexico, February 14, 1986; North Carolina, December 22, 1789, and again, June 30, 1989; North Dakota, March 25, 1991; Ohio, May 6, 1873; Oklahoma, July 10, 1985; Oregon, May 19, 1989; Rhode Island, June 10, 1993; South Carolina, January 19, 1790; South Dakota, February 21, 1985; Tennessee, May 23, 1985; Texas, May 25, 1989; Utah, February 25, 1986; Vermont, November 3, 1791; Virginia, December 15, 1791; Washington, April 6, 1995; West Virginia, March 10, 1988; Wisconsin, July 15, 1987; and Wyoming, March 6, 1978; 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 p.m. hours of May 5, 1992, when the Legislature of the State of Alabama 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 HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE 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 2003 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; to the Vice President of the United States, as presiding officer of the United States Senate; to the Speaker of the United States House of Representatives; to both United States Senators and to all four United States Representatives from Mississippi with the request that this concurrent resolution be reproduced in full in the Congressional Record.