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PROPOSED AMENDMENTS TO THE
CONSTITUTION NOT RATIFIED BY THE STATES

During the course of our history, in addition to the 26 amendments
which have been ratified by the required three-fourths of the States,
six other amendments have been submitted to the States but have not
been ratified by them.

Beginning with the proposed 18th amendment, Congress has cus-
tomarily included a provision requiring ratification within 7 years from
the time of the submission to the States. The Supreme Court in Coleman
v. Miller
, 307 U. S. 433 ( 1939), declared that the question of the reason-
ableness of the time within which a sufficient number of States must act
is a political question to be determined by the Congress.

In 1789, at the time of the submission of the Bill of Rights, 12 pro-
posed amendments were submitted to the States. Of these, articles
III-XII were ratified and became the firft 10 amendments to the Con-
stitution. Proposed articles I and II were not ratified. The following is
the text of those articles:

Article I. After the first enumeration required by the first article of the Constitution,
there shall be one Representative for every thirty thousand, until the number shall
amount to one hundred, after which the proportion shall be so regulated by Congress,
that there shall be not less than one hundred Representatives, nor less than one Repre-
sentative for every forty thousand persons, until the number of Representatives shall
amount to two hundred; after which the proportion shall be so regulated by Congress,
that there shall not be less than two hundred Representatives, nor more than one Repre-
sentative for every fifty thousand persons.

Article II. No law varying the compensation for the services of the Senators and Repre-
sentatives shall take effect, until an election of Representatives shall have intervened.

Thereafter, in the 2d session of the 11th Congress, the Congress
proposed the following amendment to the Constitution relating to
acceptance by citizens of the United States of titles of nobility from
any foreign government.

The proposed amendment which was not ratified by three-fourths of
the States reads as follows:

Resolved by the Senate and House of Representatives of the United States of America in
Congress assembled (two-thirds of both Houses concurring)
, That the following section be
submitted to the legislatures of the several states, which, when ratified by the legislatures
of three fourths of the states, shall be valid and binding, as a part of the constitution of
the United States.

-43-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information: Book Title: The Declaration of Independence and the Constitution of the United States of America. Publisher: United States Government Printing Office. Place of Publication: Washington, D. C.. Publication Year: 1979. Page Number: 43.
    
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