The American issue. [volume] (Westerville, Ohio) 1912-19??, 1918-09-20
WHAT CONSTITUTES TWO THIRDS OF the
MEMBERS OF congress

The liquor interests are raising the
question OF the validity of the Prohi-
bition Amendment as submitted to the
states by Congress. Their contention
is that the resolution did not receive
the necessary votes, holding that a
two-thirds vote of the members elect
ed is necessary to submit an amend
ment. The following statement on
this point by Wayne B. Wheeler, At
torney and General Counsel for the
Anti-Saloon League OF America, an
swers the vets objections, citing pre-
I-rrdentS.
The resolution to submit the Ma
tonal Prohibition Amendment to the
states for ratification of rejection
was adopted by the United States
Senate by a two-thirds majority OF
quorum present and voting.
Article 5 OF the constitution pro-
vides ''the Congress whenever two
thirds of the members of both
Houses shall deem it necessary, shall
propose an amendment to the consti-
tuition" The question has been raised
whether this means two thirds of all
members elected -4wo-thifds Aef a
quorum of either branch of Congress-
"Two-thirds of the House means
two-thirds of quorum of the House
of Representatives present and vot-
ing. The constitution does not re-
qure a two-thirds vote of all men,
bers elected. This requirement is on
~ necessary when a constitution
specifically states it must be two
thirds of the members"
Other resolutions to submit amend
mcnts have been adopted without a
two-thirds vote of all members elect
ed. The resolution submitting the
Income Tax Amendment was adopt
cd by the United States Senate by a
vote OF "a to IL. Other amendments
have been submitted by votes fewer
than two-thirds of all members elect
ed. The presidents and rulings to
the effect that it only takes two
thirds majority to quorum present
and voting, are uniform and conclu-
sivc.
Kinds Presidents. the recogized
authority for Congressional preced-
ure, page 1909 vol. 5, Chap. las, Sec.
1927, says:
THE VOTE REQUIRED ON A
JOINT RESOLUTION PROPOS-
ING AN AMENDMENT TO THE
CON TUITION, is TWO
THIRDS OF THOSE VOTING, A
QUORUM BEING PRESENT, AND
NOT TWO-THIRDS OF THE EN-
TIRE MEMBERSHIP. On May II,
1890, Mr.. John B. Corliss, of Michi-
gan, called up the joint resolution
(H. Res. 81 proposing an amendment
to the Constitution providing for the
election of Senator's of the United
States.
The question being taken on the
passage of the resolution, there were
yeas 1874, nays IL, and the Speaker
announced that the joint resolution
was passed. two-thirds having voted
in favor thereof.
Mr.. Ebenezer Hill of Connecticut,
called attention to this clause of the
Constitution:
The Congress, whenever two
thirds of both Houses shall deem it
necessary. shall propose amendments
to this constitution or on the appli-
cation of the Legislatures OF two
thirds of the several states, shall call
convention for proposing amend
ments, and made the point of order
that the vote required was two-thirds
of the entire membership, not two
thirds of quorum.
The Speaker said:
The question is one that has so
often been decided that it seems
hardly necessary to dwell upon it.
The provision of the Constitution
says "two-thirds of both Houses"
What constitutes a House? A quo