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



In article <btr1702-1AD249.15570930062006@xxxxxxxxxxxxxxxxx>,
BTR1701 <btr1702@xxxxxxxxxxxxx> wrote:

In article <TGdpg.572$ye3.125@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx>,
"Steven L." <sdlitvin@xxxxxxxxxxxxxxxxxxx> wrote:

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?

I can't imagine why not. Why is this even an issue? If Congress has the
power to set a deadline, they have the power to change it.

Then the various states ought to have the power to retract their votes
too.
.



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