Why the Equal Rights Amendment Remains Unratified: The Truth Behind Its Constitutional Status
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The Equal Rights Amendment is not part of the Constitution Congress proposed it The states failed to ratify it within the time allotted by the plain text of the ERA itself No matter how much the far left likes the ERA, it’s not part of the Constitution Full stop
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The Equal Rights Amendment (ERA) has been a topic of ongoing debate in the United States, particularly regarding its status in the Constitution. Recently, the conversation was reignited by a tweet from Mike Lee, a prominent political figure, emphasizing that the ERA is not currently part of the Constitution. He highlighted key points that are essential for understanding the historical and legal context surrounding the amendment.
### Understanding the Equal Rights Amendment
The Equal Rights Amendment was first proposed in 1923 and aimed to guarantee equal legal rights for all American citizens, regardless of sex. It was designed to eliminate legal distinctions between men and women in matters of divorce, property, employment, and other areas. Although it gained significant support, particularly during the feminist movements of the 1960s and 1970s, the ERA has faced numerous challenges in its journey toward ratification.
### Congressional Proposal and State Ratification
The tweet from Lee reiterates that while Congress proposed the ERA, it ultimately did not become part of the Constitution due to insufficient ratification by the states within the timeframe stipulated in the amendment itself. The original deadline for ratification was set for seven years, later extended to ten years, but by the end of that period, only 35 of the required 38 states had ratified the amendment. As a result, the ERA remains unratified.
### The Debate Surrounding the ERA
Mike Lee’s assertion that the ERA is not part of the Constitution resonates with many who believe that the amendment, despite its popularity among certain groups, has not achieved the necessary legal standing. This perspective is particularly prominent among conservative and right-leaning circles, who argue that the failure to ratify the ERA should be viewed as a definitive conclusion to its legal journey.
On the other hand, proponents of the ERA argue that its absence in the Constitution perpetuates gender inequality and that the amendment is crucial for protecting women’s rights. They believe that the ongoing discussion surrounding the ERA reflects a broader societal commitment to gender equality and justice.
### Current Legal Status and Future Implications
The conversation surrounding the Equal Rights Amendment raises important questions about how the United States interprets gender equality within its legal framework. While some states have taken individual actions to endorse the amendment post-deadline, the legal validity of these actions remains contentious. The debate over the ERA is not merely a legislative issue; it touches upon fundamental questions of rights, equality, and the role of the Constitution in modern society.
### Conclusion
In summary, the Equal Rights Amendment is not part of the Constitution, as articulated by Mike Lee. The failure to achieve the required state ratifications within the designated timeframe has left the amendment in a state of limbo. However, the discussions surrounding the ERA continue to evoke strong opinions and represent a broader struggle for gender equality in America. As this debate evolves, it is essential to consider the implications of the ERA on women’s rights and the ongoing pursuit of equality in the United States. Understanding the historical context and current legal status of the ERA is critical for anyone interested in the future of gender rights in America.
The Equal Rights Amendment is not part of the Constitution
Congress proposed it
The states failed to ratify it within the time allotted by the plain text of the ERA itself
No matter how much the far left likes the ERA, it’s not part of the Constitution
Full stop
— Mike Lee (@BasedMikeLee) January 18, 2025
The Equal Rights Amendment is not part of the Constitution
When discussing the Equal Rights Amendment (ERA), it’s essential to understand that, as it stands, the ERA is not part of the Constitution. This assertion has stirred a lot of debate, especially among those who strongly support the amendment. The ERA aims to guarantee equal legal rights for all American citizens, regardless of sex, but its journey through Congress and state legislatures has been quite tumultuous.
Congress proposed it
Congress proposed the Equal Rights Amendment in 1923, but it wasn’t until 1972 that it gained significant traction. The proposed amendment states: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” After its proposal, it needed to be ratified by three-fourths of the states within a specified timeframe. Back then, it seemed like a straightforward path toward equality, but things didn’t play out quite that way.
The initial seven-year deadline for ratification was extended to 1982, but by that time, only 35 of the necessary 38 states had approved it. Despite the fervent advocacy from various groups, including many from the far left, the support just wasn’t enough to push it over the finish line. This historical context is crucial when understanding why some lawmakers, like Senator Mike Lee, emphasize that the ERA is not part of the Constitution.
The states failed to ratify it within the time allotted by the plain text of the ERA itself
The failure to ratify the ERA within the time allotted by its own text is a pivotal point in this discussion. The original text clearly stated a deadline for ratification, and when that deadline passed without the necessary support, the amendment effectively lapsed. Many argue that this expiration should be respected, as it was a fundamental part of the amendment’s proposal. The legal implications of this are significant; if an amendment does not receive the requisite support in the specified timeframe, it cannot simply be revived by popular vote or political pressure.
Some states have attempted to ratify the ERA long after the deadline, leading to more legal debates about whether such actions hold any constitutional weight. It’s a complex situation that raises questions about the interpretation of the Constitution and the processes involved in amending it. The image of the ERA as a simple solution to gender equality becomes muddied when we consider these legal intricacies. For a more in-depth understanding, you might want to check out the ACLU’s take on the matter.
No matter how much the far left likes the ERA, it’s not part of the Constitution
Supporters of the ERA often argue passionately for its inclusion in the Constitution, pointing to the ongoing struggles for gender equality. Yet, it’s important to recognize that just wishing for something doesn’t make it a reality. Senator Mike Lee’s statement underscores a crucial legal standpoint: irrespective of public opinion or political ideology, the Constitution, as it currently stands, does not include the ERA. This fact can sometimes be uncomfortable for those who advocate for the amendment, but it’s a part of the broader conversation about how laws and amendments are enacted.
The debate around the ERA highlights a significant divide in American politics. For many on the far left, the ERA represents a necessary step toward achieving full gender equality, while others see the failure to ratify it as a clear indication that it’s not an immediate priority for the majority of states. This dichotomy is a reflection of deeper societal attitudes towards gender roles and rights, making the conversation surrounding the ERA all the more important.
Full stop
In the end, it’s vital to acknowledge that the Equal Rights Amendment is not part of the Constitution, regardless of how passionately some may advocate for its inclusion. The legal processes that govern amendments are designed to ensure thorough consideration and widespread support. The ERA’s journey is a testament to the complexities of American law and the ongoing struggle for equality. For anyone interested in the nuances of this topic, exploring the Equal Rights Amendment Alliance can provide further insights.
As the conversation continues, it’s essential to engage with both sides of the debate, understanding the historical context and the legal frameworks that govern amendments. The fight for equality is far from over, and while the ERA may not yet be part of the Constitution, the discussions it sparks are crucial for the future of gender equality in the United States.
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