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In reply to the discussion: SCOTUS will throw out the ERA in a NY minute. [View all]Bluetus
(791 posts)It is described as ministerial, but that does not make it irrelevant.
It is more accurate to say that the PRESIDENT has no role in the ratification of an amendment, other than to attend the ceremony and sign as a witness if he chooses to, as Nixon and LBJ did.
Biden's proclamation has no more weight than if you or I made such a proclamation. The Archivist is the one who manages the process. While "ministerial" it is the official action. As such, the Archivist relies on opinions of the courts and DoJ, which have all been on the side of supporting Congress' right to specify a reasonable deadline, which has customarily been 7 years, and was explicitly stated as 7 years when the ERA was proposed. Of course the Archivist could be overturned by the courts, but at this point, the Archivist, DoJ and SCOTUS are all of the same position, that the 7-year deadline is legit, so the Archivist will not record the amendment until it is either voted again by the states or Congress takes a vote to extend the deadline.
Making matters worse, Congress, did EXACTLY THAT. They extended the deadline from 1979 to 1982, thus making it abundantly clear that they took the deadline seriously.
https://www.archives.gov/federal-register/constitution
We all wish the Amendment were adopted, but we also talk endlessly about the Constitution and the rule of law. We can't have it both ways and expect anybody to take us seriously. We have bigger issues to deal with today. We should not be muddying the waters with issues that are not front-of-mind for the country. Biden's speech was right. We have a BILLIONAIRE PROBLEM that is a clear and present danger. Everything we do must be directed on that central problem of a runaway oligarchy. The good news is that the mostly understands that, and we can gain an advantage if we can just manage to keep ourselves focused on that.
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