Congressional Apportionment Amendment Deadline Act
- Sponsor
- Rep. Issa, Darrell [R-CA-48]
- Committees
- Judiciary Committee (primary)
- Last action
- May 14, 2026
Bottom line
This joint resolution seeks to impose a December 31, 2026, deadline for states to ratify the long-dormant Congressional Apportionment Amendment, asserting Congress's power to set such conditions.
What it actually does
This joint resolution proposes to establish a ratification deadline of December 31, 2026, for the Congressional Apportionment Amendment, which was originally proposed in 1789. It asserts Congress's authority under Article V of the Constitution to set such reasonable conditions for amendment ratification.
Proponents argue
Proponents would argue that establishing a clear deadline for the ratification of old, pending constitutional amendments brings finality and clarity to the amendment process, preventing amendments from lingering indefinitely. They might also assert that Congress has the constitutional authority under Article V to manage the amendment process, including setting reasonable time limits to ensure that ratification reflects contemporary consensus.
Opponents contend
Opponents might argue that imposing a retroactive deadline on an amendment that was proposed without one is an overreach of congressional power, potentially undermining the original intent or the established process for constitutional amendments. They could contend that such an action could set a dangerous precedent, allowing Congress to arbitrarily invalidate past or future ratifications based on political expediency.
The bill is very short and easily digestible, allowing ample time for evaluation.
Section 2(a)
Establishes Ratification Deadline for Congressional Apportionment Amendment
This section mandates that the Congressional Apportionment Amendment, originally proposed in 1789, will only become part of the Constitution if ratified by three-fourths of the states by December 31, 2026. It explicitly states that any ratification occurring after this date will be considered invalid for the purpose of adopting the amendment.
Supporters argue
Supporters argue this provision brings necessary finality to the constitutional amendment process, preventing amendments from remaining in limbo indefinitely. They contend it respects the principle that ratification should reflect contemporary consensus and that Congress has the implied power under Article V to manage the procedural aspects of ratification.
Critics contend
Critics might argue that retroactively imposing a deadline on an amendment proposed without one is an unconstitutional interference with the states' ratification power and could be seen as an attempt to manipulate the outcome of a historical process. They may assert that once proposed, an amendment remains open for ratification indefinitely unless a deadline was part of the original proposal.
Tradeoffs
The provision balances the desire for finality and clarity in the constitutional amendment process against concerns about congressional overreach into the states' role in ratification and the potential for altering historical constitutional procedures.
Section 3
Assertion of Congressional Authority
This section explicitly states that Congress is asserting its authority under Article V of the U.S. Constitution to establish "reasonable conditions" for the ratification of proposed amendments, including the power to impose a ratification deadline. This serves as the legal justification for the deadline set in Section 2 and aims to solidify Congress's role in managing the amendment process.