Biden’s Claim Of New Constitutional Amendment Might Not Be Real

President Biden’s attempt to declare the Equal Rights Amendment as law through executive action has ignited a fierce debate over constitutional integrity and the limits of presidential power.

Is he just…lying?

At a Glance

  • Biden declared the Equal Rights Amendment (ERA) as the 28th Amendment, despite it failing ratification 43 years ago
  • Critics argue this move is legally pointless and weakens the Constitution
  • The ERA could potentially eliminate distinctions between men and women in certain areas
  • The U.S. Department of Justice has affirmed that the ERA’s ratification deadline is valid and enforceable
  • The Biden administration acknowledges the declaration doesn’t have the force of law

Biden’s Controversial Declaration

President Joe Biden has stirred controversy by attempting to declare the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution, despite the amendment failing to achieve ratification by the required three-fourths of state legislatures over four decades ago. This move has been met with strong criticism from constitutional experts and conservative commentators who view it as an overreach of executive power.

“I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex,” Biden said.

The ERA, which aimed to ensure equal rights regardless of sex, was passed by Congress in 1972 but failed to meet the ratification deadline, even after an extension. Recent attempts by states like Nevada, Illinois, and Virginia to ratify the expired amendment have been deemed legally irrelevant by constitutional scholars.

Critics argue that Biden’s declaration is not only legally pointless but also represents an attempt to weaken the Constitution. The U.S. Department of Justice has consistently maintained that the ratification deadline for the ERA is valid and enforceable, further undermining the President’s position.

“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable,” one archivist said.

Even the Biden administration has acknowledged the limited impact of this declaration. The White House stated that the announcement “won’t have the force of law,” raising questions about the purpose and efficacy of such a move.

Potential Consequences of the ERA

Supporters of the ERA argue that it would strengthen protections against sex-based discrimination. However, critics contend that the amendment could have far-reaching and potentially unintended consequences. They suggest that the ERA could eliminate beneficial distinctions between men and women, such as exemptions from Selective Service for women and certain protections for pregnant women in the workplace.

Furthermore, some conservative voices express concern that the ERA could be used as a legal basis to make abortion legal nationwide and to enforce controversial gender identity policies. These potential outcomes have contributed to the ongoing resistance against the amendment’s ratification.

Does the president know what he’s doing? Do his advisers know?