There could be a curious constitutional challenge brewing after the Virginia Senate Privileges and Elections committee voted to report the ERA to the floor of the Senate on Wednesday. That would be the 38th state to ratify but the vote ignores two glaring problems. First, the deadline for ratification passed 38 years ago and five states that approved the ERA have since rescinded their ratification.
The original bill stated the following with the language of the new amendment:
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:
“Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
“Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
“Sec. 3. This amendment shall take effect two years after the date of ratification.”
An amendments to the Constitution must be ratified by three-quarters of the states, or 38 states. However, four states have rescinded their ratification before that threshold was reached: Nebraska, Tennessee, Idaho Kentucky.
Kentucky adds to this confusion because the Lieutenant Governor vetoed the resolution but Article V speaks of ratifications by the state legislatures.
There is also confusion over the sunset provision. In 1981, a federal district court ruled in Idaho v. Freeman that Congress could not extend the ERA’s ratification deadline, but the Supreme Court later stayed that order and then declared the matter moot.
The sunset provision and later reversals strongly suggest that the vote in Virginia is clearly symbolic, but there could be renewed litigation over the ERA over hopes to revive the amendment.
14 thoughts on “Virginia Moves To Ratify Equal Rights Amendment . . . 38 Years After Expiration”
Virginia Moves To Pass All Kinds of Idiotic Laws and Actions. These people have lost their minds.
Want to start another argument? Research whether or not the income tax amendment was ever truly ratified in the Constitutional timeframe. Some say it was, many say it wasn’t.
Even if it wasn’t properly ratified, govt will pretend it was.
Equal rights amendment in VA? I guess the bozo gov of VA wants to be sure women are included in his & other state dimms goal of confiscating firearms & didn’t want women to feel left out.
Weird governor & legislature!
America is in a condition of hysteria, incoherence, chaos, anarchy and rebellion.
President Abraham Lincoln seized power, neutralized the legislative and judicial branches and ruled by executive order and proclamation to “Save the Union.”
President Donald Trump must now seize power, neutralize the legislative and judicial branches and rule by executive order and proclamation to “Save the Republic.”
Repeal the unconstitutional 13th, 14th, 15th and 19th amendments, all of which “…injure the constitution,..”
“…amendments desired, of such a nature as will not injure the constitution,”
” And if there are amendments desired, of such a nature as will not injure the constitution, and they can be ingrafted so as to give satisfaction to the doubting part of our fellow citizens; the friends of the federal government will evince that spirit of deference and concession for which they have hitherto been distinguished.”
– James Madison, Proposed Amendments to the Constitution, June 8, 1789
While they are at it, they should vote to send reinforcements to help the Confederates at Vicksburg.
I would have been happy with the Supreme Court accomplishing its charge,* enforcing the Constitution and throwing “Crazy Abe” in prison for incalculable violations of fundamental law. The Constitution holds dominion – not any candidate and not any political party. Who the —- gets to arbitrarily suspend Habeas Corpus? Answer: Nobody. “Crazy Abe” must have been declared void. That enemy of the United States of America and its Constitution should have been Drawn and Quartered in the public square.
“America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.”
– Abraham Lincoln, The Destroyer of America
“,,,that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”
– The Gettysburg Address – the eerie, inconsistent, implausible, bizarre and self-contradictory moment of madness of the perpetrator of the deaths-without-reason of one million Americans – no other country used war to abolish slavery – the words of, what could have only been, a ruthless, mass-murdering American psycho.
* “…courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.”
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
– Alexander Hamilton
The ERA is somewhat deficient in speaking only to equal rights, but remaining silent on equal responsibilities and obligations.
That said, it would be helpful to clarify the process for amassing 3/4 States for Ratifications. Something as crucial as a time-lapse should not be created by a Federal Judge.
If the Constitution does not mark a State’s Ratification vote as perishable with passage of time, then there shouldn’t be any time-lapse. A State can rescind its Ratification if opinion has shifted. I don’t believe it is following Constitutional form for a specific Amendment to build in a time-lapse for State Ratifications, i.e., this is an attempt to Amend Article V without expressly doing so.
The time limit has been extended by re-offering the ERA, the latest was for the standard seven year period of time. Lots of controversy but in any case there were not enough to reach the 3/4 requirement. 37 States have passed their own version which does not effect the federal offering 50 divided by four times three is 12.5 x 37.5 or 38 whole states The major opponents, as with most civil rights efforts however have been the socialist Democrat whatever faction.
It has not gone without notice that without it passing women have been given a free ride access to university funding while men are required to be signed u for the current version of the draft and by doing so change their status from potential to ‘awaiting call up’ for military service. The story is if it happens it will apply to those in a four year block of time 18-21 only but that is not law just an initial start up rule which gives higher education students a way out if it was followed.
SS.com or is it sss.com selective service system has the actual laws involved including the jail and fine for those refusing to sign up at 18 but women are automatically excluded with their second class citizenship status. This stems back a few hundred years and clearly defines cannon fodder (men) from baby factories (women.)
Personally I am anti draft in any form after a retirement career in the military with no draft needed.
I consider it to be one of the ways of voting along with jury duty other than a regular vote in that if something is sufficiently important enough will come forward voluntarily and if the government/citizens do not fund it sufficiently it isn’t important enough to come forward and serve. On the other hand if enough come forward it is a way of approving the actions of the government and in this case since only men are involved they have the only vote.
Michael Aarethun – I am pro-draft but only female to make up for all the dead men who have protected them and fought for their rights.
Says the moldy turd brained misogynist…if only we could pick and choose who to send into the breach.
Oh the irony that VA. Governor Blackface and the state legislature wants to violate the 2nd amendment rights of its citizens and resurrect a dead amendment for equal rights.
Just another wack job by a liberal governor.
No wonder West Virginia is offering to let Virginia counties to secede and join them. Virginia has gone bonkers!!!!
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