Re: Commander in Chief - ER amendment - I thought that expired?

videonovels@xxxxxxxxx wrote:
I'm watching the final episode wherein the president tries to pass the
Equal Right Amendment for women. She claims she already has 32 states
and only needs 3 more.

I thought that article expried, unratified, in 1982? If yes, that
means she has >0< states and needs to reintroduce the article to the
Congress & start the whole process from the beginning.

Actually, there has been a legalistic controversy about that. Some activist lawyers have claimed that the original 32 state ratifications never really expire in theory, because Congress can always pass a new law retroactively extending the deadline from 1982 to whenever it wishes--or can even pass a new law removing all deadlines retroactively. Since Congress has the power to start the ratification process by passing the Amendment, they say it also has the power to extend that ratification process by extending deadlines by a similar vote of Congress.

They point to the 27th Amendment, which was originally passed by Congress 200 years before it was finally adopted by 3/4 of the state legislatures. The problem is that the wording of the 27th Amendment that Congress had passed contained no deadline, whereas the proposed ERA Amendment did contain a deadline that has since expired.

So this issue could ultimately end up in the Supreme Court: Does Congress have the power to retroactively extend the deadline on ratification?



--
Steven D. Litvintchouk
Email: sdlitvin@xxxxxxxxxxxxxxxxxxx
Remove the NOSPAM before replying to me.
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Relevant Pages

  • Re: Commander in Chief - ER amendment - I thought that expired?
    ... Equal Right Amendment for women. ... Congress & start the whole process from the beginning. ... Since Congress has the power to start the ratification process by ... that Congress had passed contained no deadline, ...
    (rec.arts.tv)
  • Re: Commander in Chief - ER amendment - I thought that expired?
    ... Equal Right Amendment for women. ... Congress & start the whole process from the beginning. ... ratification process by extending deadlines by a similar vote of Congress. ... that Congress had passed contained no deadline, ...
    (rec.arts.tv)
  • Re: Commander in Chief - ER amendment - I thought that expired?
    ... Some activist lawyers have claimed that the original 32 state ratifications never really expire in theory, because Congress can always pass a new law retroactively extending the deadline from 1982 to whenever it wishes--or can even pass a new law removing all deadlines retroactively. ... Since Congress has the power to start the ratification process by passing the Amendment, they say it also has the power to extend that ratification process by extending deadlines by a similar vote of Congress. ...
    (rec.arts.tv)
  • Re: Commander in Chief - ER amendment - I thought that expired?
    ... Equal Right Amendment for women. ... Congress & start the whole process from the beginning. ... Since Congress has the power to start the ratification process by ... that Congress had passed contained no deadline, ...
    (rec.arts.tv)
  • Re: Commander in Chief - ER amendment - I thought that expired?
    ... Equal Right Amendment for women. ... Congress & start the whole process from the beginning. ... Since Congress has the power to start the ratification process by ... that Congress had passed contained no deadline, ...
    (rec.arts.tv)