![]() Unfortunately, the ERA had a ratification deadline of seven years and during this time, only 35 states ratified it. A good example is the 27th Amendment, which had no deadline and took more than 202 years for ratification. Gloss), a constitutional amendment does not need to have a deadline, but Congress may impose a reasonable one if they so choose. The validity of the ERA passing the ratification phase comes down to the following two-part question: was the ratification by Illinois, Nevada and Virginia after the deadline valid and if so, were Kentucky, South Dakota, Idaho, Tennessee and Nebraska allowed to withdraw their ratification?Īrticle V is silent as to whether constitutional amendments have deadlines for ratification. The exact method will be chosen by Congress. This ratification process can be accomplished through either state legislatures or state ratifying conventions. ![]() Ratification is achieved when 3/4 of the states choose to ratify the amendment. The second step is the ratification phase. This method has never been used for any of the current 27 amendments that are a part of the Constitution. Once the constitutional convention has been called, the amendment may be proposed. The second method is through a constitutional convention, which will be called into session by Congress if 2/3 of the state legislatures make the request. The first method is through Congress, where the amendment must receive a 2/3 vote from both chambers. There are two methods for an amendment to pass this phase. But before we get to that, let’s briefly go over how the Constitution gets amended.Īrticle V of the Constitution sets out the constitutional amendment process and outlines two steps. Now that the Virginia has become the 38th state to ratify the ERA, we now have the question of whether the ERA is a valid constitutional amendment. The Key Issue: Does Virginia’s Ratification Mean the ERA Is Now Law? The ERA now has the necessary 38 states to make it the 28th Amendment of the Constitution. These states included Nevada, Illinois and as of a few weeks ago, Virginia. However, with a resurgence of women’s rights in the 2010s, some states took up the ERA with renewed interest and ratified it. Congress voted to grant an extension of a few years, but no additional state ratified the ERA during this time.įrom 1973 to 1979, the following five states withdrew their ratification: But by the seven-year deadline, only 35 states had ratified the ERA. Within about a year, 30 states had ratified the ERA. To become law, the ERA needed 3/4 of the states (38) to ratify it. On March 22, 1972, the ERA went to the states for ratification. Congress then gave the ERA a seven-year deadline for ratification. But it wasn’t until 1971 when it passed the House of Representatives. The original version of the ERA was introduced into Congress in 1923. The idea of equal rights for men and women under the Constitution began back in 1921. And what better place to cross the finish line than Virginia, home to some of the founders of our constitutional system. As the #MeToo movement has shown, even in the 21st century, women still often have second-place status. While courts have interpreted some parts of the constitution to require equal protection of the law, these protections are not as strong as protections bases on race and national origin, words explicitly mentioned in our Constitution. It is a little known fact that the Constitution does not explicitly require equal rights for women.
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