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mahatmakanejeeves

(57,489 posts)
Wed Jan 29, 2020, 12:09 PM Jan 2020

US Archives confirms it won't take steps to certify ERA

Source: Associated Press, via the Richmond Times-Dispatch

US Archives confirms it won't take steps to certify ERA
The Associated Press 2 hrs ago

RICHMOND, Va. (AP) — A day after Virginia became the critical 38th state to ratify the Equal Rights Amendment, the National Archives reiterated on Tuesday that it would not immediately take any action to certify the measure's adoption as part of the U.S. Constitution.

The National Archives has received Virginia's ratification documentation but “the Archivist will take no action to certify the adoption of the Equal Rights Amendment,” the press office of the National Archives and Records Administration said in a statement Tuesday that echoed a statement it made earlier this month.

Typically, constitutional amendments must be ratified by three-quarters of the states, or 38, before ratification. But the ERA's future is uncertain, in part because of a 1982 deadline for ratification that Congress enacted decades ago.

The administration said it is following the advice of the Department of Justice's Office of Legal Counsel, which issued a memo earlier this month saying that because the deadline has passed, it is too late for states to ratify the ERA. The only option for supporters now is to begin the ratification process all over again in Congress, the department said.

The National Archives said it would abide by that opinion “unless otherwise directed by a final court order.”

ERA advocates have vowed to fight to see the measure certified, either in court or in Congress, where there is a push to remove the deadline.

Copyright 2020 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Read more: https://www.richmond.com/news/national-world/us-archives-confirms-it-won-t-take-steps-to-certify/article_bfc4f1f9-dc36-51fb-a59e-5b174a92725d.html

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US Archives confirms it won't take steps to certify ERA (Original Post) mahatmakanejeeves Jan 2020 OP
Well, I think LittleGirl Jan 2020 #1
Except several states have rescinded their approval. 11 Bravo Jan 2020 #2
Really? I didn't know that LittleGirl Jan 2020 #5
Correct me if I am wrong but does the Constitution put a time limit on passing an Amendment? cstanleytech Jan 2020 #3
There are a few problems with this ratification ripcord Jan 2020 #6
it does not. but it does not disallow either stopdiggin Jan 2020 #7
If I understand it correctly... Bradical79 Jan 2020 #4
Archivist? Who is this Archivist of which you speak? melm00se Jan 2020 #8
He was an Obama appointee. Can he be rescinded by the real president? CaptYossarian Jan 2020 #12
the term is unclear melm00se Jan 2020 #14
2 Democrats and 2 Republicans. Because that job should have no political slant. CaptYossarian Jan 2020 #15
Unless 100% of the female voters in this country vote out every sinkingfeeling Jan 2020 #9
There's another solution. DemocracyMouse Jan 2020 #10
Then they can go home and play with those damn dishwashers Trump talks about. CaptYossarian Jan 2020 #13
Well, yeah I've paid taxes for the last 50 years FakeNoose Jan 2020 #17
Would Doubt Deadline Removal Can Be Done Retroactively DallasNE Jan 2020 #11
It is going to take a legitimate president to do something so historically significant. Tiggeroshii Jan 2020 #16
The President has no formal role in the Amendment process ripcord Jan 2020 #18
The administration does Tiggeroshii Jan 2020 #19
There's your downballot issue for 2020. Qutzupalotl Jan 2020 #20

LittleGirl

(8,287 posts)
1. Well, I think
Wed Jan 29, 2020, 12:15 PM
Jan 2020

We could get 37 other states on board because they have already approved it. Change the deadline date! Easy peasy

11 Bravo

(23,926 posts)
2. Except several states have rescinded their approval.
Wed Jan 29, 2020, 12:18 PM
Jan 2020

Now it will also have to be litigated whether or not they were able to legally do so.

cstanleytech

(26,295 posts)
3. Correct me if I am wrong but does the Constitution put a time limit on passing an Amendment?
Wed Jan 29, 2020, 12:28 PM
Jan 2020

If not then shouldn't the self proclaimed Constitutional Republicans be supporting the process?

ripcord

(5,409 posts)
6. There are a few problems with this ratification
Wed Jan 29, 2020, 01:25 PM
Jan 2020

Not only has the expiration date passed but 4 states have rescinded their ratification. This is going to be in the court forever.

stopdiggin

(11,317 posts)
7. it does not. but it does not disallow either
Wed Jan 29, 2020, 01:52 PM
Jan 2020

which is kind of the glory (and frustration) of that fuzzy document.

IMO -- you would have a hard time getting an opinion ruling that congress cannot provide these kinds of rules and conditions. Particularly when they were part of the original language and debate.

 

Bradical79

(4,490 posts)
4. If I understand it correctly...
Wed Jan 29, 2020, 12:36 PM
Jan 2020

does the 38 states that ratified it include the 35 that already ratified it by '82 so we only needed 3 more states after it was revived (or so we thought/hoped)?

melm00se

(4,993 posts)
8. Archivist? Who is this Archivist of which you speak?
Wed Jan 29, 2020, 01:52 PM
Jan 2020

The Archivist is the Chief Administrator of the National Archives.

The current Archivist is David Ferriero.

He was appointed and confirmed in November 2009.

CaptYossarian

(6,448 posts)
12. He was an Obama appointee. Can he be rescinded by the real president?
Wed Jan 29, 2020, 02:19 PM
Jan 2020

Of course he was appointed--just like Barr. That means the voters can't fire him.

melm00se

(4,993 posts)
14. the term is unclear
Wed Jan 29, 2020, 02:27 PM
Jan 2020

Previous long standing archivists have been reappointed by multiple presidents.
For example James Rhoads was reupped by JOhnson, Nixon, Ford and Carter.

CaptYossarian

(6,448 posts)
15. 2 Democrats and 2 Republicans. Because that job should have no political slant.
Wed Jan 29, 2020, 02:49 PM
Jan 2020

But what else would you expect in the Age of Trump?

sinkingfeeling

(51,460 posts)
9. Unless 100% of the female voters in this country vote out every
Wed Jan 29, 2020, 01:54 PM
Jan 2020

GOP office holder, there will never be women mentioned in the Constitution.

DemocracyMouse

(2,275 posts)
10. There's another solution.
Wed Jan 29, 2020, 01:57 PM
Jan 2020

All women cease to participate in ANYTHING involving the United States until they are deemed equal and therefore full participants in the country.

The underpaid majority should have a strike for the same reasons.

CaptYossarian

(6,448 posts)
13. Then they can go home and play with those damn dishwashers Trump talks about.
Wed Jan 29, 2020, 02:23 PM
Jan 2020

They should just abstain from sex with Republicans, but that shouldn't affect some of the fossils that wield the most power.

FakeNoose

(32,645 posts)
17. Well, yeah I've paid taxes for the last 50 years
Wed Jan 29, 2020, 03:23 PM
Jan 2020

I guess I should stop doing that immediately. It's taxation without representation.


DallasNE

(7,403 posts)
11. Would Doubt Deadline Removal Can Be Done Retroactively
Wed Jan 29, 2020, 02:01 PM
Jan 2020

Though it can be tried. If success comes I think the deadline has to be challenged in court as not permissible under the Amendment process. My guess is that the Constitution doesn't say either way so then it goes back to original intent and perhaps what the Federalist Papers say. There should be some case law when it comes to things where the Constitution doesn't address things specifically.

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