ERA, 28th Amendment Possibly Ratified, now part of constitution (user search)
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  ERA, 28th Amendment Possibly Ratified, now part of constitution (search mode)
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Author Topic: ERA, 28th Amendment Possibly Ratified, now part of constitution  (Read 9247 times)
McNukes™ #NYCMMWasAHero
Nuke
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Posts: 854
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« on: January 15, 2020, 04:27:51 PM »

It's much more apt to just debate whether or not the deadline is valid, given the bizarre and extendable nature of it which was ruled unconstitutional.

If it isn't valid, I think it would actually be an invalid proposal to the States regardless.
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McNukes™ #NYCMMWasAHero
Nuke
Jr. Member
***
Posts: 854
United States


Political Matrix
E: 5.23, S: 8.09

« Reply #1 on: January 15, 2020, 04:44:55 PM »

It's much more apt to just debate whether or not the deadline is valid, given the bizarre and extendable nature of it which was ruled unconstitutional.

If it isn't valid, I think it would actually be an invalid proposal to the States regardless.
Not under judicial minimalism; since constitutional amendments clearly can have no deadline (we have one that was ratified after 200 years!), the imposition of a deadline being found to be unconstitutional or otherwise non-functional shouldn't invalidate the proposal.
You need to actually read about how a deadline works and not just go "Huh, we ratified the 27th!" The 27th never had a deadline because Congress proposed it without assigning a deadline. The ERA had a deadline set by Congress when it was proposed, and that deadline has passed. Even if an amendment is actually passed after its passage, then that simply means that it doesn't have any effect.
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