- Feb 5, 2002
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In his last few weeks of hyperactivity before leaving the White House, Joe Biden issued one particularly bizarre statement, declaring—in a post on X (Twitter)—that the Equal Rights Amendment (ERA) is now the law of the land.
It isn’t, of course. The outgoing president’s declaration was one more indication of his addled thinking. But before this strange episode is forgotten, let’s reflect on a few important truths of American political experience which, to date, have not found their way into the history books.
When Biden issued his unilateral announcement, supporters of the ERA reacted with surprise, suggesting that the president’s statement “raised questions” about the legal standing of the proposed amendment. Not really. The ERA died in 1982, when a deadline fixed by Congress—and later extended for three years—passed, with the proposal still not ratified by the 38 states required for approval. The ERA now has no legal status whatsoever.
A sitting president cannot pass a constitutional amendment by himself, obviously. In fact the president has no legal role in the amendment process. The fact that Biden apparently thought he could change the Constitution with a social-media announcement suggests that a very tenuous grip on reality—and underlines questions about whether other officials in his administration failed to exercise their own duties under the 25th Amendment to certify the president as “unable to discharge the powers and duties of his office.” But that is a story for another day.
Continued below.
www.catholicculture.org
It isn’t, of course. The outgoing president’s declaration was one more indication of his addled thinking. But before this strange episode is forgotten, let’s reflect on a few important truths of American political experience which, to date, have not found their way into the history books.
When Biden issued his unilateral announcement, supporters of the ERA reacted with surprise, suggesting that the president’s statement “raised questions” about the legal standing of the proposed amendment. Not really. The ERA died in 1982, when a deadline fixed by Congress—and later extended for three years—passed, with the proposal still not ratified by the 38 states required for approval. The ERA now has no legal status whatsoever.
A sitting president cannot pass a constitutional amendment by himself, obviously. In fact the president has no legal role in the amendment process. The fact that Biden apparently thought he could change the Constitution with a social-media announcement suggests that a very tenuous grip on reality—and underlines questions about whether other officials in his administration failed to exercise their own duties under the 25th Amendment to certify the president as “unable to discharge the powers and duties of his office.” But that is a story for another day.
Continued below.
No, the ERA is not part of the Constitution. But why not?
Why was the ERA never ratified, even while the equality that it promised became ever more popular? Because of Phyllis Schlafly.
www.catholicculture.org
