E.R.A. “Three State Strategy” - 4ERA

[groovychk]

Originally published at Twixel.net. You can comment here or there.

4ERA
The Equal Rights Amendment, passed by Congress in 1972, would have
become the 27th Amendment to the Constitution if three-fourths of the
states had ratified it by June 30, 1982. However, that date passed with
only 35 of the necessary 38 state ratifications. Instead, the 27th Amendment
is the “Madison Amendment,” concerning Congressional pay raises, which
went to the states for ratification in 1789 and reached the three-fourths
goal in 1992.
The fact that a 203-year ratification period was accepted as valid
has led ERA supporters to propose that Congress has the power to maintain
the legal viability of the ERA and the existing 35 state ratifications.
If so, only three more state ratifications would be needed to make the
ERA part of the Constitution. Legal analysis supporting this strategy
was developed in 1995 by Allison Held, Sheryl Herndon and Danielle Stager,
then third-year law students at the T. C. Williams School of Law in Richmond,
VA. Their article was published in the Spring 1997 issue of William &
Mary Journal of Women and the Law.
LEGAL RATIONALE
Article V of the U.S. Constitution gives Congress the power to propose
an amendment and to determine the mode of ratification, but it is silent
as to the power of Congress to impose time limits or its role after ratification
by three-fourths of the states.

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Very interesting indeed. Certainly a lot better (and cheaper) than starting over.

Comments

[deviantgm.livejournal.com]

We really, REALLY do not want to open this door.

[groovychk.livejournal.com]

But it has been done. As illustrated. So elaborate on your fear.

[deviantgm.livejournal.com]

No, it has not been done. In one instance, Congress failed to set a date of expiration on an Amendment. In that one instance, the amendment was later ratified. What you're talking about is a lack of expiration for ALL amendments.

[groovychk.livejournal.com]

I got ya. But elaborate on your fear here please.

I can certainly understand making time guidelines. But all States should have a chance to vote on an amendment - up or down.

[deviantgm.livejournal.com]

Just off the top of my head... I'm envisioning a gay marriage amendment that could circumvent the process of passing through Congress, forever out there waiting for those last few states to ratify. All it would take is a state legislature controlled by a regressive party for one term. Boom, amendment ratified, passed, and made part of the Constitution.

Gay marriage is the one that comes to mind.