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loyalsister

(13,390 posts)
21. Not necessarily
Fri Apr 13, 2012, 10:34 PM
Apr 2012

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!
I couldn't agree more The Blue Flower Apr 2012 #1
...... ingac70 Apr 2012 #2
The ERA Would Not Even Get Through Congress Today AndyTiedye Apr 2012 #3
That's the point.... (nt) jeff47 Apr 2012 #5
politically it would seem like a winner Johonny Apr 2012 #4
Done bradberger29 Apr 2012 #6
rec. KG Apr 2012 #7
What would be the practical effect of passage? Jim Lane Apr 2012 #8
Scott Walker signed the repeal of the Wisconsin Equal Pay enforcement act just last week. dflprincess Apr 2012 #10
I disagree, on two counts Jim Lane Apr 2012 #11
How About... It's The Correct Thing To Do... AND... It's Fucking About Time... WillyT Apr 2012 #20
No, I would NOT leave women out of the Constitution Jim Lane Apr 2012 #26
sorry to say, this is a typical American response: GIVE UP. CTyankee Apr 2012 #18
You're mischaracterizing my position Jim Lane Apr 2012 #25
After experiencing the ERA defeat in the late 70s, I must say that I became pretty cynical. CTyankee Apr 2012 #30
The defeat of the ERA wasn't as complete as it might have been Jim Lane Apr 2012 #31
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
Thanks for the interesting article Jim Lane Apr 2012 #33
Scalia's argument is monumentally stupid, IMO. To argue, in effect, that you somehow have CTyankee Apr 2012 #35
Kick !!! WillyT Apr 2012 #9
Yes. HooptieWagon Apr 2012 #12
3 more states... loyalsister Apr 2012 #13
Wouldn't We Have To Start All Over Again ??? WillyT Apr 2012 #14
Maybe not. There is a movement afoot to start where we left off...with 3 more states to go! CTyankee Apr 2012 #19
Not necessarily loyalsister Apr 2012 #21
Thank You For That !!! WillyT Apr 2012 #22
Difficulties with the three-state strategy Jim Lane Apr 2012 #27
Another great idea from WillyT. Zorra Apr 2012 #15
:) WillyT Apr 2012 #16
And Another Thing... The Current Democrats Are Too Stupid/Afraid To See This As An Advantage... WillyT Apr 2012 #17
Not bad. I like. slampoet Apr 2012 #23
Not yet. Wait until the repubicans are trying to patch things up with women, then spring it on them JVS Apr 2012 #24
I asked myself this same thing just the other day. Ship of Fools Apr 2012 #28
It would never make it through. HappyMe Apr 2012 #29
Why yes it is the perfect time! k&r Little Star Apr 2012 #34
I am actually predicting that this will happen soon. BlueIris Apr 2012 #36
Done! loyalsister Apr 2012 #37
Thank You For That !!! WillyT Apr 2012 #38
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