Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Question For The Class: Wouldn't This Be The Perfect Moment To Re-Introduce The ERA ??? [View all]loyalsister
(13,390 posts)21. Not necessarily
Starting over would require a new congressional act and ratifications in at least 38 states.
The 3 state strategy is based on previous passages of amendments.....
This strategy is based on the fact that the "Madison Amendment," concerning Congressional pay raises, became the 27th Amendment to the Constitution in 1992, after a ratification period of 203 years. Therefore, the ERA's ratification period of less than three decades would surely meet the "reasonable" and "sufficiently contemporaneous" standards required by several Supreme Court decisions. Time limits were not imposed on amendments before 1917 (beginning with the 18th Amendment, Prohibition), and the 19th Amendment affirming women's right to vote had no time limit. Congress demonstrated its belief that it may alter a time limit in a proposing clause by extending the original ERA deadline. Thus it is likely that Congress has the power to adjust or repeal the previous time limit on the ERA, determine whether state ratifications subsequent to 1982 are valid, and accept the ERA as part of the Constitution after three more states ratify. The 35 existing ratifications should stand because precedent regarding state rescissions shows that such actions have not been accepted as valid.
More...
http://www.equalrightsamendment.org/viability.htm
It's definitely long overdue!
Edit history
Please sign in to view edit histories.
38 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Question For The Class: Wouldn't This Be The Perfect Moment To Re-Introduce The ERA ??? [View all]
WillyT
Apr 2012
OP
Scott Walker signed the repeal of the Wisconsin Equal Pay enforcement act just last week.
dflprincess
Apr 2012
#10
After experiencing the ERA defeat in the late 70s, I must say that I became pretty cynical.
CTyankee
Apr 2012
#30
Yes, I was politically active in that ERA fight back in the late 70s. I was working in D.C. at
CTyankee
Apr 2012
#32
Scalia's argument is monumentally stupid, IMO. To argue, in effect, that you somehow have
CTyankee
Apr 2012
#35
Maybe not. There is a movement afoot to start where we left off...with 3 more states to go!
CTyankee
Apr 2012
#19
And Another Thing... The Current Democrats Are Too Stupid/Afraid To See This As An Advantage...
WillyT
Apr 2012
#17