I have read there are advocates who are attempting to get the retiring National Archives head archivist to publish the Equal Rights Amendment as the 28th amendment to the the United States Constitution. Their argument is that once the requisite number of states approve the amendment, it automatically becomes part of the Constitution. They are correct that a 38th state has ratified the amendment. There is a problem, though. The proposed amendment was originally supposed to be ratified by the seventh anniversary of its March 22, 1972 adoption by Congress. The deadline was extended to June 30, 1982. This extension was due to the fact that only 35 states had ratified the proposed amendment by 1978. In the extended time period no other states ratified the proposed amendment. In fact, 4 states voted to rescind their ratification of the proposed amendment before the original March 22, 1979 deadline for ratification. Another state set a sunset provision of its ratification of the amendment to March 22, 1979. Just today a sixth state has rescinded its ratification. While this seems strange, it is in response to the push for recognition of the amendment since since 3 more states ratified the proposed amendment – 1 each in 2017, 2018, and 2020.
So one question is which votes count for ratification? Another question is can you ratify the proposed amendment after the deadline for doing so? A third question is can you rescind your ratification? If so, when? Finally, if you can ratify the proposed amendment after the deadline why can you not also rescind it?
It seems pretty clear that the push to ratify the proposed amendment after the deadline is because its advocates don’t think they can get 38 states to approve it in a time limited effort. After all in over 10 years they were only able to get 35 states to ratify it. What kind of amendment is this? Why kind of attitude is this? What does it said about the merits of the amendment if the only way to get it into the Constitution is to break the rules set by Congress (who first passed it and sent it to the states) for its ratification?
Truly words fail me.