The Daily - Could One Phone Call Lead to the 28th Amendment?
The discussion centers on the Equal Rights Amendment (ERA), which aims to ensure gender equality under U.S. law. Originally proposed in 1923, the ERA gained momentum in the 1970s but fell short of ratification by three states before a 1982 deadline. Despite this, recent efforts by Democrats, spurred by the overturning of Roe v. Wade and the Me Too movement, have revived interest in the ERA. They argue that the deadline is not constitutionally binding and that the ERA could provide federal protection for abortion rights. Senator Kirsten Gillibrand is leading the push, urging President Biden to direct the National Archivist to publish the ERA as the 28th Amendment. However, legal opinions from both the Trump and Biden administrations have upheld the deadline, and a federal court recently ruled against the ERA's ratification. Gillibrand continues to advocate for Biden's intervention, emphasizing the ERA's potential to secure women's rights and challenge gender-based discrimination in the Constitution.
Key Points:
- The ERA seeks to enshrine gender equality in the U.S. Constitution but missed the 1982 ratification deadline.
- Democrats argue the deadline is not constitutionally valid and push for its publication as the 28th Amendment.
- The ERA could provide federal protection for abortion rights, especially after Roe v. Wade's overturn.
- Senator Gillibrand is actively lobbying President Biden to direct the National Archivist to publish the ERA.
- Legal challenges persist, with recent court rulings against the ERA's ratification due to the deadline.
Details:
1. 📞 The Pitch to President Biden
- Congressional Democrats propose that President Biden can significantly impact women's rights and his legacy with a single phone call.
- The proposal is positioned as a revolutionary step for women's rights, potentially addressing key issues such as reproductive rights and gender equality.
- The pitch suggests a potential revival of Biden's damaged legacy, which has been affected by various political challenges and public perception issues.
- The key question is whether Biden will take this action, which could define his presidency and align with his administration's broader goals on equality and justice.
2. 📜 The History of the Equal Rights Amendment
- The Equal Rights Amendment (ERA) aims to ensure that men and women are treated equally under U.S. law, prohibiting discrimination based on sex.
- Despite its straightforward goal, the ERA has never been incorporated into the U.S. Constitution in explicit terms.
- The story of the ERA spans nearly a century, highlighting the ongoing struggle to enshrine gender equality in constitutional law.
- The ERA was first introduced in Congress in 1923 by suffragist Alice Paul, marking the beginning of a long legislative journey.
- In 1972, the ERA was passed by Congress and sent to the states for ratification, requiring approval from 38 states to become an amendment.
- By the 1982 deadline, only 35 states had ratified the ERA, falling short of the necessary threshold.
- Recent efforts have reignited interest in the ERA, with Nevada, Illinois, and Virginia ratifying it between 2017 and 2020, bringing the total to 38 states.
- Despite reaching the required number of state ratifications, legal and political challenges continue to prevent the ERA from being officially adopted into the Constitution.
3. 🚺 The Rise of the Women's Rights Movement
- The 14th Amendment, passed in the 1860s, includes an equal protection clause but does not specifically mention sex, highlighting a gap in legal protection for women's rights at the time.
- During the period when the 14th Amendment was enacted, married women in many states were unable to own property under their own names, indicating significant legal and societal barriers to gender equality.
- In 1923, suffragist Alice Paul proposed a constitutional amendment specifically addressing women's equality, marking a strategic effort to advance women's rights through legislative change.
- Despite Alice Paul's efforts, the proposed amendment did not gain traction or significant progress for many years, illustrating the challenges faced in the women's rights movement.
4. 🗳️ The Equal Rights Amendment's Journey Through Congress
4.1. Legislative Progress of the Equal Rights Amendment
4.2. Opposition to the Equal Rights Amendment
5. 🚫 Opposition, Stalemate, and Deadlines
- An anti-feminist Republican housewife leads a campaign against the ERA, arguing it would negatively impact women's rights, particularly for draft-age girls.
- The campaign claims that the ERA would require 18-year-old girls to register for the draft, challenging traditional gender roles.
- The argument extends to wives, suggesting that the ERA would undermine the legal obligation of husbands to support their wives, framing traditional roles as privileges.
- A grassroots campaign effectively mobilized women to influence state legislators, resulting in the ERA's defeat in Missouri, Nevada, North Carolina, Virginia, and Florida.
- The ERA faced a deadline for state ratification, and some states attempted to rescind their ratifications, leading to a failure to meet the legal requirements by the 1982 deadline.
6. 🔄 The Debate Over Deadlines and the Archivist's Role
- The debate centers on whether deadlines for constitutional amendments are meaningful, with the example of the 27th Amendment ratified two centuries after its proposal.
- Supporters of the ERA argue that the Constitution does not mention deadlines for amendments, suggesting they are meaningless.
- There is a debate about states rescinding ratifications, with historical precedents where original ratifications were counted despite rescind attempts.
- The ERA reached the required 38 state ratifications after Nevada, Illinois, and Virginia ratified it, motivated by political events and movements like Me Too.
- Supporters claim the ERA has met all legal requirements and should be part of the Constitution if the congressional deadline is considered non-binding.
- The National Archivist's role is to certify and publish constitutional amendments, which would make the ERA the 28th Amendment if published.