CHAPTER 440

FORMERLY

SENATE JOINT RESOLUTION NO. 14

REQUESTING THE GOVERNOR TO SECURE AN ADVISORY OF OPINION FROM THE SUPREME COURT CONCERNING THE CONSTITUTIONALITY OF SENATE CONCURRENT RESOLUTION NO. 47 ENACTED BY THE 126TH GENERAL ASSEMBLY.

WHEREAS, the Chairman of the Judiciary Committee believes Senate Concurrent Resolution No. 47 of the 126th General Assembly was improperly before the State Senate on March 22, 1972; and

WHEREAS, the State Senate acted on and approved said resolution concerning the so-called Equal Rights Amendment nearly two hours before such action was authorized by the United States Senate; and

WHEREAS, there is therefore question as to whether or not the Resolution was properly before the State Senate on March 22, 1972, and, in the event it was not properly before the Senate on this date there is the further question of the propriety of the House of Representatives amending said Resolution at a later date; and

WHEREAS, the Governor has the statutory authority to request advisory opinions of the State Supreme Court concerning the constitutionality of any law enacted by the General Assembly.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and the House of Representatives of the 130th General Assembly, with the approval of the Governor, that the Governor use the statutory authority vested in him to request an advisory opinion from the Supreme Court of the State of Delaware as to the constitutionality of Senate Concurrent Resolution No. 47 enacted by the 126th General Assembly.

Approved May 26, 1979.