The "ratification" of the ERA

I must say that part of me is appalled by the argument being made that the ERA is still on the table for ratification, so that it is therefore legally significant that Illinois and other states are "ratifying" it.  Unless one makes the altogether untenable arguments that a) Congress cannot impose a time limit on the consideration of proposed amendments and b) that states have no right to rescind earlier ratifications prior to the addition of a proposed amendment to the Constitution, then the ERA, alas, died as a legal possibility in 1982 (assuming of course, that Congress had the power to extend the time for ratification).  Let me offer the following analogy:  As many of you know I consider the United States a basically illegitimate institution because of the indefensible allocation of equal voting power to each state.  Yes, I know it was part of the Great Compromise that made the Constitution possible, but the same is true of protections of…

Read more detail on Recent Law Professor posts –

This entry was posted in Law Professors and tagged . Bookmark the permalink.

Leave a Reply