General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsVirginia just ratified the ERA.
Last edited Wed Jan 15, 2020, 05:00 PM - Edit history (1)
https://www.democraticunderground.com/10817567So what happens next? Is it past the deadline to be valid? If not is it automatically adopted or is there another step?
ETA: Please see SL8's reply #8.
MineralMan
(146,339 posts)It's far from over.
FBaggins
(26,775 posts)In order for this to become part of the Constitution... supporters will have to claim that the 1982 ratification deadline can not be enforced and that the states (5?) that have since rescinded their ratification had no ability to do so.
NewJeffCT
(56,829 posts)and, several red states have since rescinded their ERA passage, so there are a lot of legal questions to be resolved.
Kudos to Virginia for bringing this back into the news, though.
bluecollar2
(3,622 posts)On par with healthcare.
This will help with GOTV...
Way to go Virginia!!!!
flamin lib
(14,559 posts)there is no provision in the Constitution to allow rescinding the approval of an amendment once passed. please correct me if I'm wrong.
FBaggins
(26,775 posts)There was a case that raised that question, but they dismissed it as moot because the deadline had passed.
flamin lib
(14,559 posts)FBaggins
(26,775 posts)Its very much an open question for the court. Heres a more comprehensive review.
https://www.law.cornell.edu/constitution-conan/article-5/ratification
flamin lib
(14,559 posts)Mersky
(4,986 posts)Last edited Wed Jan 15, 2020, 05:13 PM - Edit history (1)
Eta: Im applauding the ratification. And no, I didnt read the OP very well - Im busy and running about today.
sl8
(13,949 posts)flamin lib
(14,559 posts)Thank you so much for that. I'll be editing the OP to refer to your post.
crickets
(25,988 posts)Buckeyeblue
(5,504 posts)And there is nothing that says Congress can set a time frame for ratification. Let's see how our "strict" constitutionalists walk around that. But it also seems interesting that the supreme court could rule on the constitutionality of a constitutional amendment. If I was a betting person, I would say that they won't even hear the challenge. I don't think Roberts would want any part of this.
What is the time frame for a ratified amendment to become an official amendment? I don't see a time frame in the constitution so I think it's immediate. On edit: I just read the amendment. 2 years.