Could The Equal Rights Amendment Become The 28th Amendment? The 27th Amendment As A Case Study

Lo and Behold!

The proposed Equal Rights Amendment, passed through both houses of Congress by wide margins, and then ratified by 35 states between 1972 and 1977, three states short of the three fourths or 38 states needed to ratify, and abandoned after one three year extension from the original seven year plan, in 1982, suddenly has life again!

Nevada’s legislature became state 36 in 2017, and Illinois just became the 37th recently, and now North Carolina is moving ahead on the measure, even though it is 41 years since the original 35 states ratified it, and 46 years since it was passed by both houses of Congress. Also, as a backup, the states of Arizona, Utah, Florida and Virginia are moving in the same direction.

There is precedent for this great delay in the 27th Amendment, suggested in 1789, and only finally ratified by enough states in 1992, mandating that Congress cannot raise its own pay during the same session of Congress that they enact a raise, but only for the succeeding Congress.

If that can happen 203 years after the original enactment, then why not 46 years?

George Will, the conservative ideologue, is bitterly opposed, as he argues progress has been made for women as members of Congress and in society and in law. from what it was in the 1970s.

While that is true, there is still no reason NOT to put women in the Constitution specifically, as the only mention is the 19th Amendment in 1920, giving women the right to vote long after the first push for suffrage at the Women’s Rights Convention in Seneca Falls, New York in 1848.