We are waiting for a full House vote and since the legislation has 224 co-sponsors, passage is assured. House Committee on the Judiciary held a mark-up on H.J.Res.79, to remove a ratification deadline of seven years from the 1972 ERA and the measure was favorably reported of committee. The answer to may be more of a political one rather than one of law. Some legal analysts have asserted that Article V of the Constitution does not permit the imposition of deadlines on the ratification process, but this question has not been settled. This may happen despite the Archivist’s letter confirming the process and the plain language of 1 U.S.C. Constitution, Congress may promulgate, that is, make it generally known by announcement of the new amendment, but that is not necessary.īecause of the ERA”s unusual history of having failed to meet a ratification deadline, questions will be raised about the ratified amendment’s legality. Following the addition of the ERA as an amendment to the U.S. Once fully ratified followed by the Archivist’s certification of legal sufficiency of the ratification documents, an amendment is added to the U.S. It appears that Article V and related statutes do not take into account any deadline imposed by Congress on a proposed constitutional amendment. The Archivist’s letter confirms that rescissions by the five states (Idaho, Kentucky, Nebraska, Tennessee, South Dakota) are not recognized under the Constitution’s Article V, which governs the amendment process. What About States Who Tried to Rescind their Ratification? It is not binding on Congress, the courts or state legislatures, and it will not slow down the momentum toward final ratification of the ERA. However, NOW believes that the OLC opinion is another purely political maneuver from a Justice Department that is riven by partisan politics. The National Archives and Records Administration said that it would adhere to this opinion. In January 2020, the Department of Justice, Office of Legal Counsel, issued an opinion stating that the deadline for the ERA had expired and that the ERA was no longer pending. It also states that my certification of the legal sufficiency of ratification documents is final and conclusive, and that a later rescission of a state’s ratification is not accepted as valid.” “The Constitutional Amendment Process states that a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states, indicating that Congressional action is not needed to certify that the Amendment has been added to the Constitution. Carolyn Maloney (D-N.Y.), asked for legal verification of statements on the NARA website from the Archivist of the United States, David S. Ferriero, who responded in writing that NARA’s website includes the following information: In October 2012 longtime ERA advocate, Rep. Once Fully Ratified, the E RA is Part of Constitution 106b, sets out the procedure, “…according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. Once the final vote is taken in the Virginia General Assembly, the ratifying documents are to be sent to the National Archives and Records Administration. What Happens After the 38 th State Ratifies? Activists in other states, like North Carolina, Arizona and elsewhere, are working to pass ERA ratification measures as well. NOW activists have worked diligently for the ERA and we are now poised to see the 38 th state, Virginia, ratify. The Equal Rights Amendment (ERA) was passed by Congress in 1972 and sent to the states for ratification, it is now one state short of the required three-quarters before becoming part of the U.S. Over the years, our grassroots activists have mounted countless actions on many fronts to protect and achieve the equal rights of women and girls in all aspects of social, political and economic life.Įarly on, NOW recognized that a constitutional amendment was needed to protect our hard-won gains for equality and to provide a fundamental protection against sex-based discrimination. The Equal Right Amendmentįor more than a half century winning a constitutional guarantee of equality for women has been a top priority for the National Organization for Women (NOW). Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
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