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wnylib

(25,190 posts)
21. You are correct, as I understand it.
Sun Jan 19, 2025, 07:48 AM
Jan 19

I am fully in favor of the ERA. But to make it law as the 28th amendment, we need to follow the facts.

I am linking an article on the legal issues of the ERA from the Alice Paul Institute, which advocates for the ERA. Alice Paul was a suffragette.

I am posting this from my phone, so I can't copy and paste. I will summarize parts of it and people can read it for themselves.

The Coleman v Miller decision that Congress has the power to set time limits in ratification of amendments still stands. But, it is open to question because another amendment, the Madison Amendment, was ratified after 203 years. That fact challenges the reasoning of the Coleman decision.

But, regardless of whether or not SCOTUS reverses the Coleman decision, Congress does have the power to decide on accepting ratification after the deadline. This is important because it is the best chance of getting the ERA into the Constitution, via pressure on Congress from constituents. IMO grass roots organization in the states and demonstrations in DC would be a good focus for action to get Congress to accept ERA as the 28th amendment.

This article also says that states cannot rescind their ratification. The Constitution does not allow for that.

Here is the article.

https://www.equalrightsamendment.org/pathstoratification#:~:text=A%201921%20Supreme%20Court%20decision,a%20three%2Dfourths%20majority%20ratifies.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Will the courts support this amendment? Irish_Dem Jan 17 #1
They should have zero say in what becomes an amendment. Otherwise they are our rulers. boston bean Jan 17 #2
So the Archivist of the United States is the final authority on what gets certified and printed Seeking Serenity Jan 17 #8
She cannot deny it. She has a duty at this time boston bean Jan 18 #9
She doesn't see her duty that way Seeking Serenity Jan 18 #10
No, the Archivist has no authority in the matter. Her function is to make it public... Hekate Jan 19 #18
Should the courts get involved and overturn it - it will open the windows and doors to EVERYTHING being in play IMO. NoMoreRepugs Jan 17 #3
The court cannot overturn a constitutional amendment. n/t valleyrogue Jan 19 #14
True SickOfTheOnePct Jan 19 #20
I read that there was a deadline (1986 I believe).... Think. Again. Jan 17 #4
I have this same question. snot Jan 17 #5
No, you are not mistaken. The Amendment is dead hueymahl Jan 17 #6
Excellent point! Think. Again. Jan 17 #7
You don't know what you are talking about. It never was "dead." n/t valleyrogue Jan 19 #12
I hope you are correct hueymahl Jan 19 #23
You are totally wrong. See my post below. Time limits are not binding per 1982 USSC decision. n/t valleyrogue Jan 19 #13
The Tribe/Sullivan article is very understandable. Ratification process is a one-way ratchet Hekate Jan 19 #17
It's valid. People need to stop with the "time limit" nonsense. valleyrogue Jan 19 #11
You've said this repeatedly SickOfTheOnePct Jan 19 #15
The article by Tribe & Sullivan is very clear. Link here... Hekate Jan 19 #16
Yes I've read the Tribe article SickOfTheOnePct Jan 19 #19
You are correct, as I understand it. wnylib Jan 19 #21
Exactly SickOfTheOnePct Jan 19 #22
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