U.S. Code » Title 1 » Chapter CHAPTER 2— ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS

1 U.S.C. § 106b

Amendments to Constitution

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 1 CasesGoogle Scholar

Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1977–2023 · leading case: State of Illinois v. David Ferriero, 60 F.4th 704 (D.C. Cir. 2023).
Sort: Relevance Newest Treatment
State of Illinois v. David Ferriero, 60 F.4th 704 (D.C. Cir. 2023). · cites it 3× “2280 , 2291 (codified at 1 U.S.C. § 106b). Under current law, the Archivist must publish the amendment in the United States Statutes at Large, id.”
Equal Means Equal v. Ferriero, 3 F.4th 24 (1st Cir. 2021). · cites it 2× “The operative complaint alleges that the Archivist violated 1 U.S.C. § 106b because he refused to publish the ERA and to certify its adoption after Virginia ratified it on January 27, 2020.”
United States v. George S. Sitka, 845 F.2d 43 (2d Cir. 1988). · cites it 3× “See 1 U.S.C. § 106b. See also note 2, supra. Thus, Congress has not improperly delegated any of its lawmaking authority.”
State of Idaho v. Freeman, 529 F. Supp. 1107 (D. Idaho 1982). · cites it 2× “From the advent of the amendment and until 1978, 35 of the requisite 38 state legislatures took action ratifying the amendment and sent official certifications of their actions to the General Services Administrator pursuant to 1 U.S.C. § 106b. 1 But, in that same time period…”
United States v. Leland G. Stahl, 792 F.2d 1438 (9th Cir. 1986). “is received at the Department of State that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Secretary of State shall forthwith cause the amendment to be published in the newspapers authorized…”
United States v. Sitka, 666 F. Supp. 19 (D. Conn. 1987). · cites it 2× “31, 1951; current version, as amended, at 1 U.S.C. § 106b). In order to decide whether this statute unconstitutionally delegated power to the Secretary of State, the court must first consider the nature of the power.”
Ratification of the Equal Rights Amendment (OLC 2020). · cites it 4× “Accordingly, even if one or more state legislatures were to ratify the proposed amendment, it would not become part of the Constitution, and the Archivist could not certify its adoption under 1 U.S.C. § 106b. Congress may not revive a proposed amendment after a deadline for its…”
Ratification of the Equal Rights Amendment (OLC 2020). · cites it 4× “Accordingly, even if one or more state legislatures were to ratify the proposed amendment, it would not become part of the Constitution, and the Archivist could not certify its adoption under 1 U.S.C. § 106b. Congress may not revive a proposed amendment after a deadline for its…”
Commonwealth of Virginia v. Ferriero (D.D.C. 2021). · cites it 2× “Today, 1 U.S.C. § 106b codifies the Archivist’s duties as follows: Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United 2 States has been adopted, according to the provisions of the…”
Equal Means Equal v. David Ferriero (D. Mass. 2020). · cites it 2× “Although Plaintiffs do not assert a procedural injury in their complaint, in their opposition they appear to identify 1 U.S.C. § 106b and the Archivist’s decision not to certify the ERA as the basis for their procedural injury.”
Cong. Pay Amendment (OLC 1992). · cites it 4× “1 For the reasons set forth below, we conclude that the Congressional Pay Amendment has been ratified pursuant to Article V and is accordingly now part of the Constitution, and that the Archivist was required to issue his certification to that effect in accordance with 1 U.S.C.…”
Devvy Kidd v. Carlos Cascos, Texas Sec'y of State (Tex. App. 2015). · cites it 2× “1878) (current version, as amended, at 1 U.S.C. § 106b (2012)) .................”
Show all 15 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.