A similar resolution has been offered in the Minnesota Senate likewise in 2019. Advocates have taken several steps to implement this strategy. Members of Congress, for example, introduced 277 joint resolutions during the 91st Congress (1969–1970) before the ERA was sent to the states; 10 during the 93rd through the 97th Congresses, while the proposed ERA was pending before the states; and 44 in the 37 years since the ERA’s extended ratification deadline expired. They conflate whether Congress can change a ratification deadline before and after that deadline expires. The first constitutional amendment with a ratification deadline, the 18th Amendment, proposed in 1917, placed it in the amendment’s text. The only period when the ERA was not introduced was immediately after Congress proposed and sent it to the states in 1972. What's on my ballot? With his decade of work (1982-1992) to gain the 27th Amendment’s incorporation into the U.S. Constitution, Gregory Watson of Texas is an internationally-recognized authority on the process by which the Federal Constitution is amended. The full and complete text of the 1972 ERA reads: “SECTION 1. So, of course, no member of either the Texas Senate or of the Texas House of Representatives bothered to file such a clarifying resolution during the regular session of the 86th Legislature which ended on May 27, 2019. First, the Madison Amendment’s ratification “suggests that amendments, such as the ERA, which do not contain a textual time limit, remain valid for state ratification indefinitely.”REF This is because “time limits in a proposing clause are irrelevant”REF or “inconsequential.”REF Second, “Congress has the power to determine the timeliness of the ERA after final state ratification…and can extend, revise or ignore a time limit.”REF Third, all previous ratifications of the 1972 ERA remain in effect, and ratification rescissions are invalid.REF “As with the Madison Amendment, which remained open for ratification for 203 years,” they concluded in 1997, “the ERA, after only twenty-five years, remains open for final state ratification.”REF. Copyright 2021, All rights reserved. For these reasons, the U.S. Department of Justice’s Office of Legal Counsel (OLC) concluded that “Dillon’s discussion…was merely a dictum.”REF, While the Court’s comment in Dillon about ratification being “sufficiently contemporaneous” is irrelevant because, as dictum, it is not legal binding precedent, Coleman’s treatment of this issue is irrelevant for a different reason. They do not purport to have any legal effect or to play any role in the Madison Amendment becoming part of the Constitution. That “extension” was “accomplished” by only a simple majority vote (failing to garner two-thirds in either Congressional body) and was later signed by then-President Jimmy Carter in direct violation of the Supreme Court’s 1798 decision in Hollingsworth v. Virginia, in which the justices ruled—early in U.S. history—that the president plays no formal role in the process of amending the Constitution. was sent to the states for ratification, but it would fall short of the three-fourths approval needed. Between March 22, 1979, and the highly questionable “extended” deadline of June 30, 1982, no state legislatures added their approval of ERA. The accompanying report described the ratification history and stated that the Supreme Court dismissed the Freeman litigation “on the grounds that the ERA was dead for the reasons given by the administrator of general services.”REF This echoed CRS’ earlier conclusion decades earlier that “the ERA died on June 30, 1982.” In other words, the effort to make the ERA part of the Constitution must begin again with a “fresh-start” proposal because the 1972 ERA is no longer pending before the states. Alternatively, would the entire controversy be thrown into the federal courts for a final resolution? The text of the measure can be read here. “SEC. Four of the six unratified amendments remain pending before the states because they were proposed without a ratification deadline. After ratifying ERA with breakneck speed in 1972, Nebraska legislators in 1973, Tennessee legislators in 1974, Idaho legislators in 1977, and Kentucky legislators in 1978, adopted resolutions to withdraw their rushed 1972 support for ERA. The 1972 Equal Rights Amendment Can No Longer Be Ratified—Because It No Longer Exists, 3 Ways Trump Is Overstepping His Bounds Amid Pandemic, Pelosi Bill to Remove President From Office Is a Needless Political Stunt, Pelosi’s Trump-Obsessed Plan for the 25th Amendment Distorts the Constitution. 2020 legislative session | If it is not, however, the 1972 ERA cannot be ratified because it no longer exists. The joint resolution proposing the 21st Amendment, which would repeal the 18th, opens this way: “Resolved…that the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid…when ratified by conventions in three-fourths of the several States.”. Prop 7 added Section 3a of Article 1 of the Texas Constitution. Representative Griffiths introduced House Joint Resolution 208 when the 92nd Congress convened and, this time, Judiciary Committee Chairman Celler did not block its consideration. District Courts | Senator Ben Cardin (D–MD), for example, has introduced joint resolutions stating that the ERA proposed in 1972 “shall be valid to all intents and purposes as part of the Constitution whenever ratified by the legislatures of three-fourths of the several States.”REF, Third, ERA advocates directly urge additional states to ratify the 1972 ERA, pointing to a 1997 article that, they say, presents the “legal analysis for this strategy.”REF This article asserts three propositions. Addressing the validity of the 1972 ERA’s ratification deadline begins by determining whether Congress has authority to set any ratification deadline when it proposes a constitutional amendment.REF Congress has long believed that it does. This is why the CRS was correct to conclude that the 1972 ERA “formally died on June 30, 1982.”. Thomas is the Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies and a Senior Legal Fellow. A total of 56 joint resolutions for proposing the ERA introduced between the 92nd and 102nd Congresses included a ratification deadline. No evidence exists that any member of either Congress or any state legislature questioned whether placement in the proposing clause affected a ratification deadline’s validity in any way. Advocates began that effort in 1995, nearly two decades before any Member of Congress had taken a single step to amend or repeal the 1972 ERA’s ratification deadline. The 1972 ERA, therefore, can no longer be ratified because it no longer exists.

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