Abortion: Legislative Response Page: 11 of 19
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IB95095
Constitutional Amendments
Since 1973, a series of constitutional amendments have been introduced in each
Congress in an attempt to overrule the Court's decision in Roe v. Wade. To date, no
constitutional amendment has been passed in either the House or the Senate; indeed for
several years, proponents had difficulty getting the measures reported out of committee.
Interest in the constitutional approach peaked in the 94th Congress when nearly 80
amendments were introduced. By the 98th Congress, the number had significantly declined.
It was during this time that the Senate brought to the floor the only constitutional amendment
on abortion that has ever been debated and voted on in either House.
During the 98th Congress, S.J.Res. 3 was introduced. Subcommittee hearings were held,
and the full Judiciary Committee voted (9-9) to send the amendment to the Senate floor
without recommendation. As reported, S.J.Res. 3 included a subcommittee amendment
eliminating the enforcement language and declared simply, "A right to abortion is not
secured by this Constitution." By adopting this proposal, the subcommittee established its
intent to remove federal institutions from the policymaking process with respect to abortion
and reinstate state authorities as the ultimate decisionmakers.
S.J.Res. 3 was considered in the Senate on June 27 and 28, 1983. The amendment
required a two-thirds vote to pass the Senate since super-majorities of both Houses of
Congress must approve a constitutional amendment before it can be submitted to the states.
On June 28, 1983, S.J.Res. 3 was defeated (50-49), not having obtained the two-thirds vote
necessary for a constitutional amendment.
[For a review of the full debate on S.J.Res. 3, see 129 Congressional Record S9076, et
seq., daily ed., June 27, 1983; 129 Congressional Record S9265, et seq., daily ed., June 28,
1983.]
Statutory Provisions
Bills that Seek to Prohibit the Right to Abortion by Statute. As an alternative
to a constitutional amendment to prohibit or limit the practice of abortion, opponents of
abortion have introduced a variety of bills designed to accomplish the same objective without
resorting to the complex process of amending the Constitution. Authority for such action is
said to emanate from Section 5 of the Fourteenth Amendment, which empowers the
Congress to enforce the due process and equal protection guarantees of the amendment "by
appropriate legislation."
One such bill, S. 158, introduced during the 97th Congress, would have declared as a
congressional finding of fact that human life begins at conception, and would, it was
contended by its sponsors, allow states to enact laws protecting human life, including fetuses.
Hearings on the bill were marked by controversy over the constitutionality of the declaration
that human life begins at conception, which contradicted the Supreme Court's specific
holding in Roe v. Wade, and over the withdrawal of lower federal court jurisdiction over suits
challenging state laws enacted pursuant to federal legislation. A modified version of S. 158
was approved in subcommittee, but that bill, S. 1741, had no further action in the 97th
Congress.CRS-8
04-05-05
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Lewis, Karen J.; Shimabukuro, Jon O. & Ely, Dana. Abortion: Legislative Response, report, April 5, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc820435/m1/11/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.