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On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.
It is long past time to recognize the will of the American people. In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex. //
Note the date of the Virginia's ratification: January 27, 2020. The original Congressional resolution that sent the Equal Rights Amendment to the states for ratification included a ratification deadline of seven years. The original deadline was March 1979. There was an extension, passed by a simple majority — not the two-thirds majority required for constitutional amendments — and signed by President Carter.
However, the president has no role in the passage and ratification of constitutional amendments, as the Supreme Court decided back in 1798. //
Even the interns running the White House social media accounts and press releases have to understand that this "affirmation" means less than nothing. The Equal Rights Amendment has not been ratified. It is not the law of the land. It remains as it was: a failed effort to amend the Constitution. Again, the President of the United States has no role in amending the Constitution. It is, as MacBeth said, "...a tale told by an idiot, full of sound and fury, signifying nothing." //
The President of the United States has no authority to make any such decree, and Joe Biden can "affirm" this until his eyes fall out and it means a grand total of nothing. This administration is leaving as it lived: with no knowledge of the Constitution and how this republic is supposed to work, and only a tenuous connection with reality. //
mdavt
2 hours ago
Hasn't the Archivist stated she will not abide by any such order?
RedPanda mdavt
an hour ago
Yep!