The President doesn’t decide if an amendment has passed
CNN reports:
President Joe Biden announced a major opinion Friday that the Equal Rights Amendment is ratified, enshrining its protections into the Constitution, a last-minute move that some believe could pave the way to bolstering reproductive rights.
The President has many powers, but deciding if an amendment has been ratified is not one of them. His opinion has no more weight than mine would.
The amendment, which was passed by Congress in 1972, enshrines equal rights for women. An amendment to the Constitution requires three-quarters of states, or 38, to ratify it. Virginia in 2020 became the 38th state to ratify the bill after it sat stagnant for decades. Biden is now issuing his opinion that the amendment is ratified. It would next fall upon the archivist of the United States, Dr. Colleen Shogan, to certify and publish the amendment.
The archivist is a decision maker here, but not the final one. In a case like this, the Supreme Court would rule on whether an amendment was validly passed.
But legal experts contend it isn’t that simple: Ratification deadlines lapsed and five states have rescinded their approval, according to the Brennan Center for Justice at New York University’s law school, prompting questions about the president’s authority to ratify the amendment more than 50 years after it first passed.
This is basically an attempt by Biden to build a legacy. but is is performative and has no substance.
The post The President doesn’t decide if an amendment has passed first appeared on Kiwiblog.