![]() ![]() The Senate resolution has bipartisan support but has not had a hearing. 79 was passed out of the House Judiciary Committee on November 13, 2019, and is scheduled to be heard on the floor of the U.S. Both pieces of legislation have been referred to the Judiciary committees. 6 are the two pieces of legislation that have been introduced to remove the ratification deadline. Legislation introduced in both chambers of Congress will remove the deadline for ratification from the Equal Rights Amendment. Is there legislation in Congress to remove the deadline? The deadline for ratification leaves some ambiguity around whether the amendment can be added to the constitution, but Congress can play a role in removing that ambiguity. Ratification of the ERA was three states short after the second deadline passed in 1982. This was later extended three more years. When the ERA was first passed, Congress inserted a timeline for ratification in the preamble of the amendment for seven years. I’ve heard there was a deadline for ratification set when the ERA passed. According to the National Archives: “The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.” This means that, once a state has sent their certified copy of their ratification action to NARA and NARA has formally certified it, a state cannot rescind its ratification action. The National Archives follows the procedures of the Secretary of State, who was in charge of formal proclamations on constitutional amendments until 1950. I’ve heard some states have rescinded their approval of the ERA. It is not the job of the President to sign the certification of the amendment. In the past, Presidents and others have observed the signing. Final certification is done through a formal proclamation, signed by the Archivist. As Virginia is the final state needed to ratify the amendment, the Archivist can now proceed with final certification of the amendment. The state of Virginia will send a certified copy of the resolution to NARA where it will be examined to ensure it is sufficiently legal and that an authorizing signature is affixed. What happens now that Virginia has ratified the ERA? All final documents are sent to NARA for preservation. ![]() Once a state ratifies the amendment, it sends a certified copy of the action back to OFR, who retains the documents until an amendment passes or fails. Then, it goes to the states for ratification, where it is sent through the state ratification process. Once a joint resolution is passed by Congress, it is sent to NARA Office of the Federal Registry (OFR) for processing and publication. The National Archives and Records Administration (NARA) oversees the constitutional amendment process. What is the process for ratifying a constitutional amendment? Now that the amendment has passed the 38-state threshold for ratification, several questions have arisen about its path to final enshrinement. Leagues across the country have worked to engage lawmakers and organize at the grassroots level to ensure equal rights for all, regardless of sex, is enshrined in the US Constitution. ![]() The League of Women Voters has supported and pushed for ratification of the ERA since it was first passed by Congress in 1972. On January 27, 2020, Virginia became the 38th state to ratify the Equal Rights Amendment. ![]()
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