OpinionPolitics

Lawless Biden Attempts to “Ratify” the ERA Constitutional Amendment

National Archivist says he can't do that, so does the Constitution

Delusional, lawless Biden tried to ratify the ERA amendment (Equal Rights Amendment) all by himself. But it hasn’t been ratified by the required number of states before the deadline set, so the National archivist advised him he could not do that. He thinks he can, never mind the law. Reviving it after it’s been dead is Constitutionally problematic.

Ratification of the ERA Constitutional amendment required 3/4 of the states ratify it by the deadline of June 30, 1982. They did not reach that threshold by the date.

The U.S. archivist and U.S. deputy archivist said in late 2024 that the president could not ratify the amendment because the amendment did not receive the required support from three-fourths of the states by the deadline Congress imposed, which was June 30, 1982.

The Department of Justice’s Office of Legal Counsel in 2020, while Donald Trump was president, and in 2022, after Biden took office, also said that ratification cannot occur unless Congress or the courts extend or remove the ratification deadline. The Epoch Times

In other words, it’s up to Congress to change that deadline, not the president.

The ERA amendment has long been a point of contention to Christians, because it could codify abortion, not to mention cement a special category of the Bill of Rights.

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“First, Catholic Phyllis Schlafly organized a counter-campaign to highlight how ERA would work against women. She insisted the amendment be examined not on joy and vibes but on the basis of its potential implications for making “sex” a protected Constitutional category. As people began taking her arguments seriously, ratification slowed down.

Second, Roe v. Wade happened. While supporters of ERA pooh-poohed its nexus to abortion, its opponents stressed it: ERA would ground a potential “right” to abortion. The eight additional states that ratified ERA all did so within two months of Roe, while people were still trying to figure out whether Justice Harry Blackmun’s trimester system really provided the possibilities of limiting abortion or was just camouflage for abortion-on-demand. As the truly radical nature of Roe grew apparent, ERA approval ground to a halt: after mid-March 1973, only five more states approved ERA while several prior ratifications were rescinded. The last ratification of the ERA under its original terms was in 1977. When 1979 came, the ERA fell short.

Sensing ERA might be dying, Jimmy Carter and Congressional Democrats gave it extraordinary means to prolong its life: approving an extension of ERA through June 30, 1982. That approval itself is constitutionally questionable: it was adopted by a simple Congressional majority, not the two-thirds vote Constitutional amendments require. In any event, it was an abstract question: no state ratified ERA during that period.” Catholic World Report

Keep in mind that four states rescinded their original ratification of this amendment.  The ERA amendment meant something much different in 1972 than it does now. It was understood to be about men and women. Now we have a strong transgender movement that conflicts with Christian values. Codifying both abortion and creating special categories for rights already enumerated in the Constitution would turn religious freedom on its head.

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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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